A real estate Contract is a document that covers all the details of a home sale and purchase. It lays out the price, an adequate description of the property, the closing date and any conditions that must happen before the deal can close. It also explains who will pay inspection fees, title search costs and lien searches.
It also outlines what happens to the earnest money deposit, which is given by the buyer to the seller to secure the deal. This deposit is held in escrow until the transaction is closed.
Buying and selling a home requires a lot of time, effort, paperwork, and money. That’s why it’s important to have a real estate contract that you understand and that will protect your rights.
Considerations: The real estate contract must include the things that one party is offering to another, which are usually money, services or other goods. It must also state that both parties must consent willingly and knowingly to the terms of the contract. This means that there can’t be fraud, misrepresentation, or undue duress in the relationship between the parties.
Agreement by Offer and Acceptance: The real estate contract must be signed and sealed by both parties. This ensures that the terms are valid and legally binding.
A contract is not enforceable if it violates the law or does not conform to existing laws. In addition, if the terms of the contract are not fair to either party, they will be invalidated.
The contract must also contain a legal purpose, legally competent parties, an agreement by offer and acceptance, consideration, and consent. In addition, it must specify the name of each party involved in the deal.
It must also have cancellation rights. These cancellation rights can be related to financing, title issues, engineering and termite problems, and other events.
They can also include inspection details and contingencies, which are detailed conditions that allow both parties to back out of the contract if they feel it’s not the right move for them.
For example, a residential contract may have an inspection contingency that allows the buyer to walk away from the deal if the house doesn’t pass the inspection. This is very common, as home inspections are costly and time-consuming.
Financing Clause: Similarly, it’s often necessary for buyers to secure mortgages in order to buy homes, so a financing contingency is also included in most residential contracts. If the buyer doesn’t secure a mortgage within a specified time frame, they can cancel the contract.
Subordination and Release: Financial claims (liens) have priority over other types of claims in a property, so it’s essential to establish which ones come first in the contract. This is usually done through a subordination clause and/or a release clause.
The subordination clause can be a good way to avoid hefty fees and penalties from lenders. This is especially important if you are refinancing a mortgage.
A real estate contract is also an excellent tool for negotiating with sellers and can be used to resolve any potential disputes during the home buying process. It should be drafted carefully to ensure that both parties are protected and that all parties agree with the terms. It’s also wise to have a contract attorney review it before signing.
