Wednesday, May 9, 2012

Aspects Involved In Real Estate Contracts

Real estate sales involve a contract, in which the cost of the property and the conditions wherein the transaction is made are drawn. A real estate contract is a means for sealing the agreement between the property seller and buyer. When you hear of a property being under a contract, it means that the seller has signed the contract and that the document has been sent to the buying party.

Real estate agreements involve contingencies, which protect the buyer in the event that he or she finds out that purchasing the property was a mistake. Contracts should include a section on contingencies, which may include rendering the seller liable for structural defects on the property. The buyer may render the contract void in case problems with the property are discovered days after signing the contract.

Real estate sale should start with a contract offer. When a contract offer is made, property assessment should follow and parties should agree on a sale price. The sale price will be used in calculating the final loan amount and down payment. If the resulting sale price is lower than the amount stated on the contract, the loan should be modified. In some cases, the seller may cancel the contract and walk away.

Look at it this way. If a property is sold at 0,000 with 10% down payment, the amount of the loan would be 5,000 and ,000 down payment. If the property becomes appraised at an amount lower than 0,000, the resulting sale price will be negotiated again. If the negotiations go smoothly, the buyer can obtain the property at the lower amount. But, if the seller does not approve of the change in sale price, he or she may refuse selling the property.

A contract offer should involve a binder fee. A buyer produces the binder fee or earnest money to show that he or she is serious in obtaining the property. The amount of the binder fee depends on the offering price.

A real estate contract is first created by a real estate lawyer, and then approved by the local and national real estate board. This contract contains sections that state the rights and duties of both the seller and buyer. What the contract should contain varies among states, but there are pieces of information that should be seen in all real estate contracts. The names of the seller and buyer and the detailed description of the property being sold are essential pieces of information that should be seen on the contract. The sale price should be indicated, as well as the binder fee or earnest money amount. The closing date should be stated. Of course, for that contract to be valid, it should bear the signatures of the seller and buyer.

Buying a property may or may not involve a real estate agent. You can always find properties for sale on the newspapers or on the internet. If you have already contacted the owner and the both of you are willing to make arrangements, you can phone a real estate lawyer to facilitate in the transaction. Your lawyer can create the contract, or they can read the prepared contract to see whether your rights are being followed.

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