The Fayette Citizen-Real Estate Page
Wednesday, October 14, 1998
Look before you sign

By Beverly Mobley, President
Fayette County Board of Realtors

You've found the home that meets your needs and fulfills your dreams and you're ready to make an offer. So, what's next? At this point, you'll sit down with the real estate professional who showed you the property and prepare a sales contract.

A sales contract is the formal presentation of your bid to the seller and contains all of the provisions of the sale, from the price to whether the bedroom drapes are included. Take a tip from your Fayette County Board of Realtors, make sure the contract is fully complete and leaves nothing to question.

In the excitement of the negotiating process, contract details can be overlooked. This can waste time and delay negotiations. It's wise to look over a blank contract that contains more provisions that most buyers and sellers need, and then tailor it to address the specific transaction. Parts of the contract that are not applicable will be deleted, and other points might be added.

Every contract is different, but some of the major provisions are the purchase price, amount of initial earnest deposit and terms for payment of the remainder, amount of down payment, specifications for prorating taxes, date of closing and occupancy date. All aspects of the sale and financing terms definitely should be included. Once you are satisfied with the contract, the agent will deliver it to the listing agent or seller, who then has the right to negotiate each point.

Nothing is final until an agreement on every point is reached between the buyer and seller.

Upon agreement and signature of the contract and receipt of the buyer's earnest money, both parties are legally obligated to the agreement's terms. Commonly, a clause will specify that the contract is pending on legal review and a professional property inspection for the buyer. Typically, the buyer has five working days in which to accomplish these matters. However, like the other provisions, this is negotiable.

You might decide to hire an attorney to review the contract and handle the closing. No matter how straightforward and simple your sales contract might seem, unanticipated problems can cause heartache at the last minute. A lawyer might be able to foresee and avert such complications.

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