Below are some terms that sellers will need to be aware of when reviewing a purchase contract. Although it is always recommended that you have your Realtor help you with this, you should read the entire contract and make sure you understand it completely, if you don't understand - ASK! These are areas of special attention:
1. The closing date. See if the date the buyer wants to take title is reasonable for you. This is negotiable and needs to work well for both parties. It is important to know that this can be changed during the contract via addendum, but it has to be reasonable and agreed to by all parties in order for it to be effective.
2. Date of possession. See if the date the buyer wants to move in is reasonable for you. Make sure to consider where you are moving and how that will transpire. I can't tell you how many times escrow closes, the buyer is ready to move in and the seller is either forced to rent back from the buyers or move to temporary housing because the home they are moving to has not closed or is not ready. Make special note that the date you agree upon for closing is the time and date the buyer gets possession so you as the seller need to be out by that date and time (unless otherwise agreed!).
3. The earnest money. Look for the largest earnest-money deposit possible; since it is forfeited if the buyer backs out after the contingency period (under most conditions), a large deposit is usually a good indication of a sincere buyer. Remember though, there are contingency periods and if they are not removed in writing they can remain in effect throughout the contract leaving the earnest deposit going back to the buyers if they change their mind.
4. Fixtures and personal property. Check the list of items that the buyer expects to remain with the property and be sure it's acceptable. Don't assume! It is important that this is clear to both parties.
5. Repairs. Determine what the requested repairs will cost and whether you're willing to do the work or would rather lower the price by that amount. A way to possibly avoid this is to have a home inspection done prior to listing the home. That way you know in advance what may require fixing or what the potential buyers may request. You can also use this in negotiations. The buyer may still hire their own inspector and that is ok. If you have fixed items noted on your home inspection, it can give you additional bargaining power.
6. Contingencies. This is important, make sure your Realtor goes over these with you so that you fully understand. See what other factors the buyer wants met before the contract is final—inspections, selling a home, obtaining a mortgage, review of the contract by an attorney. Set time limits on contingencies so that they won't drag on and keep your sale from becoming final. Again, it is very important that you have your Realtor get these contingencies removed in writing at the expiration date of each contingency. Another helpful thing when possible, have all contingencies expire on or as close to the same date.
7. The contract expiration date. See how long you have to make a decision on the offer. Make sure you pay extra close attention to this date. Some buyers may cut you slack, but others may hold you to the contract if you wait until after the expiration date to make any decisions. Make sure all of this is in writing.
I may be saying "in writing" a lot, but I cannot express how important this is. There are a lot of real estate transactions that go very smoothly, but it never hurts to have all of your ducks in a row and be prepared. It is just good business. Your Realtor should handle all of this for you and your Realtor should also be well aware of all the important dates.
Written with the assistance of Realtor.org.
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Kristin Minugh
www.allshasta.com
www.allshastarealestate.com
530-227-5968