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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.
[ ..More About San Diego Negotiating a Contract ]
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