| There are
no stupid questions when it comes to buying real estate. It's
important to ask questions when you're drafting the terms and
conditions of your offer in the purchase contract, whether you
do it yourself or with an agent or attorney. Not sure about
contingencies? Wondering about
fixtures? Just ask. You don't
have to become a real estate expert to craft a good contract,
but the more you know about how a contract works, the more
effectively you can tailor it to your specifications. You'll
also be a much savvier negotiator when the seller comes back
with a counteroffer.
Read the Fine (Pre)print
Many residential purchase
contracts include standard real estate boilerplate text. Many
firms, in fact, use preprinted forms. While preprinted or
computerized forms have improved efficiency, they sometimes do
so at the expense of the buyer. It pays to get a copy early on
of the contract you're likely to use. Read it and don't hesitate
to rewrite or delete anything you don't like. If you plan to
work with a preprint, get a copy when you start looking for a
house and highlight terms or conditions you like or may want to
modify when you make an offer. Circle what you dislike, too.
This is a good way to catch buyer-unfriendly fine print. After
that, you're ready to sit down and write an offer.
Elements Every Contract Should
Have
Whether you write your own
contract or using a preprinted form, you should always include
between 10 and 20 basic elements,
such as the address of the property, contingencies, financing
terms, purchase price, closing date and others. Also include:
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Time to respond.
Specify how much time the seller has
to answer your offer. Contingencies should also include time
limits.
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Seller's responsibilities.
Include passing clear title to the
property, maintaining the property in its present condition
until closing, making any agreed-upon repairs and delivering
the property clean and free of personal possessions and
debris.
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Disposition of deposit.
Specify who gets your good-faith
deposit if the contract is terminated. This can vary. In
cases such as failure to get loan approval, the seller
should get the deposit. In the case of an unsatisfactory
home inspection, the buyer should get the deposit.
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What stays.
Specify fixtures and personal
property to be included in the sale. Make a detailed list.
Verbal agreements aren't binding.
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Terms of withdrawal.
Spell out conditions that allow you
or the seller to withdraw from the agreement. You may not
think you'll need them, but it's good protection.
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Final walk-through.
This is your chance to make sure the
house is in order just before you close. Your contract
should specify the seller's responsibility if the
walk-through is unsatisfactory.
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Problem solving.
As much as possible, your purchase
contract should help you and the seller resolve any issues
that crop up. For example, if your lender only guarantees
your locked-in interest rate for 60 days and the seller
isn't able to close in that time, one solution is to include
a provision in your contract that sets a firm closing date
and allows the seller to rent back to you at a cost equal to
your monthly payment. |
Sellers' Contingencies
Occasionally, sellers make the
sale of their house contingent on their purchase of another
house. If the sellers fail to complete the purchase of the other
house, they can cancel the sale. It's much less risky for you to
enter into contract with sellers who are already in contract to
buy another home.
Be sure to include a
kick-out clause in your purchase
contract, that allows you to withdraw from the contract at some
point. A kick-out clause can be structured in several ways. You
may give the sellers a time limit to find another home, after
which you can void the contract at your option. You may also
structure the kick-out clause to let you withdraw from the
contract any time until the sellers notify you that they have
found another house and will remove their contingency for
finding a replacement home. If the sellers' house has been on
the market a long time with no offers, you may be able to
convince them to waive their contingency.
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| NOTE: Sellers use kick-out
clauses, too. They're most common in purchases contingent on
the sale of the buyer's property. |
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