Valley Real Estate

jack pearce and al leonard

Legal Issues - Your Purchase Contract

Watch For These 7 Items In a Purchase Contract

Study your offer to purchase carefully before agreeing to sign. Pay special attention to these 7 items.
  1. The Closing Date. Make sure the date the buyer wants to take title is reasonable to you. 30 days after acceptance of contract is customary and reasonable. Any date beyond this should be looked at with care.

  2. Date Of Possession. Make sure the date the buyer wants to move in is reasonable to you. If you do not want to give possession at time of closing, there should be a an attached document to the purchase contract (an addendum) outlining when possession will be given, if rent money will be owed, who is responsible for payment of utilities, etc. Remember, after closing, you no longer own the home. Your only protection is what was written into the purchase contract. Verbal promises mean nothing.

  3. The Earnest Money. Look for the largest earnest-money deposit possible. Since the deposit is forfeited to you if the buyer backs out without contract contingency ― a large deposit is usually a good indication of a sincere buyer. Don't hesitate to ask for more. One point (or 1%) of the purchase price is not unreasonable.

  4. Fixtures And Personal Property. Check the list of items that the buyer expects to remain with the property and be sure it's acceptable. Since personal property (or chattel) can often be a bone for contention in contract negotiations, remove or replace any item or fixture that you are not willing to include in a sale before you even market the home.

  5. Repairs. Determine what the requested repairs will cost and whether you're willing to do the work, or would rather lower the price by that amount, or even escrow (put funds reserved from proceeds into a trust account) for the buyer to use after closing. Since the contract is usually contingent on a buyer's satisfactory home inspection, it would be wise for you to have a home inspection of your own before you market the home. That way there will be no surprises and you have the opportunity to make necessary repairs, often far more economically than the buyer will request.

  6. Contingencies. See what other factors the buyer wants met before the contract is final? Mortgage approval is the most common, but these may also include inspections, selling a home, review of the contract by an attorney, etc.. Set time limits on contingencies so that they won't drag on and keep your sale from becoming final.

  7. The Contract Expiration Date. See how long you have to make a decision on the offer. Make a decision to counter or accept as quickly as possible. If you attempt to accept the offer after the expiration date there is no contract. Or, should the buyer withdraw the offer before you formally accept it, there is no contract.

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