Wednesday, October 14, 1998 |
Look before you sign
By Beverly Mobley, President
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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