Like all other types of legal agreements, a real estate
contract should be written properly and understood by both parties before
signing. Generally speaking, a lawyer should review all real estate contractual
agreements prior to your signing. When buying a piece of property it is
important that you gain a clear title. Therefore, based on the seller's
knowledge, the contract should state that they are giving you a marketable
(able to be sold) title to the property. The contract should contain
these important elements:
- an accurate description of the property including the
purchase price and amount of deposit
- the closing date and who is responsible for insurance
and loss on the home until the closing date
- who will pay for miscellaneous fees such as a home
inspection and survey
- the type of deed the seller will convey that will be
a clear marketable title that you can sell in the future without problems
surrounding the properties ownership
- an itemized list of any fixtures that are suppose to
remain at the home (refrigerators, curtains, mantles, etc.)
Depending on the circumstances, Real estate transactions
can take months to complete and require legal preparation. Contingency
clauses can be inserted to void a contract if certain conditions are not
carried out such as financing or home inspections. |