Real Estate Contracts

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Once your home is listed for sale, it may be difficult for you to step aside and let your agent take over. When prospective buyers arrive, you may want to stand by to point out the closet extenders, the hidden spice cabinet behind the kitchen door, the energy-saving storm windows or the updated copper plumbing. If you really want to help, however, you will leave the house whenever it is being shown!

We have found that the sales process does not really begin until buyers have begun to voice their objections about a property. Sometimes these concerns are serious enough to remove your house from consideration. Often, however, people voice objections as an automatic response when they really love the house and want to buy it. Real estate professionals are trained to know the difference.

If a seller is standing at the agent’s elbow, the buyer won’t be comfortable enough to allow the process of raising objections take place. If the buyer feels intimidated or suppressed, we could lose the sale. The best way to help is to give your real estate agent room to make the sale.

The large, stately house that you drive by every morning on the way to work has had a “For Sale” sign sitting in the front yard for months. When you finally call for an appointment and see the house–you love it! And the price is lower than prices for similar houses on quieter side streets.

Houses located on busy streets may represent excellent buys in terms of space and amenities for the price. Some buyers who are very sensitive to noise or concerned about small children or pets may automatically rule out houses that are located on busy residential streets. If you don’t share these same concerns, you won’t consider a busy location to be a deterrent to buying the property. If the sellers have made pricing concessions on the property based on its location, this could provide an opportunity for you to own a far grander house than you thought you could afford!

Just remember that when you sell the house, the pool of prospective buyers may be smaller, and you may have to pass on a similar price break to the next owner.

When you are selling a home, the most important part of the transaction occurs after you have found a buyer. If your property is being marketed professionally, the real estate agent will put together the purchase offer and present it to you.

Each local Board of Realtors has standard contract forms which reflect the legal requirements of the jurisdiction in which you live. These contracts include the sales price, financing contingencies, completion deadlines, and other items that are required in order to meet local government requirements.

You may find that trying to sell your own home in order to save the brokerage fee is false economy. Real estate sales are complicated, and a slight variation in language can sometimes cost you a sale and/or a lot of money. Many of our listings came from sellers who thought their homes were sold, only to lose the buyers at the last minute–on a technicality!

After your search for a house and all the negotiations are over, you arrive at the the sales price. Finally, you feel some certainty about your bottom line. However, it is not unusual for there to be disagreements about what is included in the sales price. Careful drafting of the paperwork can help to avoid future disputes.

The following definitions may help. Real property is land and any permanent attachments, such as buildings, landscaping and fences. Personal property consists of movable possessions, such as furniture and clothing. A fixture is defined as an item of personal property which has become part of the real property by virtue of becoming permanently attached, such as a new sink, a Jacuzzi, or a chandelier.

The principal area of dispute about the sales price often relates to fixtures. Most preprinted real estate contracts will provide space for the fixtures to be listed. Whether you are selling or buying, you should make use of this space. Do not assume curtains, satellite discs, antennas or fireplace equipment come with the house. You should also make it very clear what you don’t want left on the property. If you are specific about every item that may be questionable, you will greatly reduce the chances of a dispute after the closing.

An important part of being an informed buyer or seller in a real estate transaction is understanding the purchase contract. Before you sit down with an agent to make a written offer to purchase a home or receive an offer on your home, you should take a look at the real estate forms used in your area.

In some areas the real estate agents use standard contracts which have been approved by the local Board of Realtors. In other parts of the country, agreements that contain a significant number of clauses are drawn up by real estate attorneys. You should get a copy of the paperwork you will be signing so that you can read it at your leisure and absorb the information.

Don’t hesitate to ask questions about anything that you don’t understand; and if any of the standard clauses do not fit your particular situation, you can discuss the wording that you would like to have changed. The key is to familiarize yourself with the paperwork before you have found your new dream house or buyers for your home.

Before you list your home for sale, take a careful look around. Are there some items you will want to take with you? There may be a dining room chandelier that has been in your family for three generations, a ceiling fan in the master bedroom, or the bookcases in the den that look built-in but are not.

Normally all fixtures are conveyed to the new owners when a house is sold. This includes anything that is attached to walls or ceilings and, in some areas, all major appliances that are installed in the house. If you have fixtures that you don’t want to convey, tell your agent what you want excluded from the agreement at the time you list your property for sale.

If it is convenient, it is best to remove any light fixtures or ceiling fans you plan to take with you and replace them before the property is shown to prospective buyers. List all items that are not being sold with the house on your home fact sheet to ensure that they will not become an issue when a buyer makes an offer.

Most people assume that when a real estate deed is signed, it is effective. However, there is one more essential part of the process. Even if a deed is properly executed, it is not effective until it has been delivered to and accepted by the buyer. This can sometimes create bizarre results. Here is an example.

An elderly man properly signed, sealed and acknowledged a deed to his nephew and placed it in an old tin box in his room, where it was discovered shortly after he died. The nephew lost a contest with other heirs over the property because the deed was not delivered, and therefore, was not effective at the time of the old man’s death.

Until the deed is delivered, the title remains with the seller, who could change his mind at any time and destroy the deed. But once the deed has been properly delivered and accepted, the title passes and cannot be revoked. Thus the old, old saying: signed, sealed (and notarized) — and delivered.

Buying a house involves a lot of paperwork. There can be several pages to the contract itself, plus the various addendum and contingencies. If you apply for a loan, there will be another stack of documents at the closing table. Although your real estate agent reviews the transaction, it is extremely important that you understand the papers you are signing.

If a dispute arises, the outcome will be governed by how the contracts actually read, not what you thought your real estate agent told you when you signed them. To avoid confusion, it is a good idea to pick up copies of the purchase agreements and closing papers ahead of time. This will allow you to read them at your leisure, without the pressure of several people waiting for you to read everything at the closing. Don’t hesitate ask questions if you don’t understand something or if the language is ambiguous or confusing.

Timing can sometimes be difficult if you have to sell a home before you can buy another one. Most people need the equity from the sale of their first home for the down payment on the new house. If your present home goes on the market first, you may be concerned that it will sell before you find the one you want to buy. On the other hand, if you find the perfect home before your present home is under contract, the sellers may be reluctant to accept your offer, and you may be too nervous to sign a contract.

It is a good idea to sit down with a good real estate agent for some professional advice before you begin your search. It will probably be necessary to be flexible on the closing date, because it can be easier to find a home that you want to buy than to sell your present home. After finding the house you want, you can ask the lender about arranging a short-term bridge loan that can make the purchase possible before you sell your current residence.