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There's a lot to consider before you sign a real
estate purchase agreement. If the terms and conditions of the deal aren't
acceptable, you might want to pause and think twice, even if the purchase price
is more than satisfactory. After all, the price will be moot if the transaction
never closes. The typical residential real estate purchase contract is
complicated, densely written and packed with legal jargon, but don't use that
fact as an excuse for not reading the entire contract. Take your time and read
slowly. Ask questions about anything you don't understand. Be flexible and
willing to negotiate.
The following five points are among the many items
that merit attention:
1. What are the cutoff dates for inspections and
approvals of the inspection reports? A typical contract provides an
opportunity for the buyer to hire all manner of experts to check out the
condition of the home. From the buyer's perspective, the more time that's
allowed for these once-overs, the better. Sellers, on the other hand, usually
want the inspections to be completed and signed off as soon as possible.
2. Who is responsible for making repairs, if any,
as a result of the inspections? The fact that the buyer orders one of more
inspections of the home for informational purposes doesn't obligate the seller
to make repairs or modifications as a result of those inspections. In practice,
however, inspection reports often are used to negotiate repairs of major
problems or safety or environmental hazards that may be noted. The purchase
contract should provide some guidance for these negotiations.
3. Is the seller making any representations or
warranties regarding the condition of the property? In some contracts, the
seller warrants that specified major components of the home (e.g., the roof or
central heating or cooling system) are in good repair and working order at the
close of escrow. Buyers should understand which components of the home are
guaranteed and which are being sold "as-is."
4. Will a home warranty plan be purchased? A
home warranty plan is a sort of limited insurance policy covering the basic
major systems and appliances in the home. It may seem like a prize for the
buyers, but it's equally important for the sellers and the real estate broker
representing the sellers. In fact, these warranty plans are so popular among
real estate agents that many of them will pick up the tab for the program in
order to insulate themselves from irate buyers.
5. When is escrow scheduled to close? Pay
attention to this date! If you're selling your home, you'll be expected to move
out completely before the property changes hands. You'll want to make sure the
closing date doesn't fall before you're able to move into your next residence.
If you're buying a home, you'll be able to pick up the keys on the day escrow
closes. You'll want to make sure you don't give up your prior residence too
soon. Don't cut the dates too close. Many escrows end up closing a day or two
later than the contract states--but that can happen only with the mutual
agreement of the buyer and seller.
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