But if you make a formal offer to buy the house you want to buy, you will end up reading and filling out a lot of paperwork that contains the terms of your offer. Apart from obvious items like the address and purchase price of the property, here are some nuanced items that you should be sure to include in your real estate purchase contract. In legalese, these are called contingencies written in your real estate contract. In real estate, a sales contract is a mandatory contract between the buyer and the seller, which describes the details of a home sale transaction. The buyer will propose the terms of the contract, including the price of the offer, to which the seller accepts, refuses or negotiates. Negotiations between the buyer and the seller can come and go before both parties are satisfied. Once both parties have agreed and signed the sales contract, they will be considered “under contract.” Imagine that this document is a roadmap for the period between the signing of the agreement and the conclusion of the sale. The contingencies list could contain a credit history detailing the type of loan the buyer intends to arrange and allowing them to opt out of the contract if they are unable to obtain that financing. An inspection quota allows the buyer to cancel the purchase if his professional home inspector finds significant problems with the home. Alternatively, the buyer may ask the seller to accept a lower purchase price or to make certain repairs that would be costly to the buyer or a health and safety issue. Completion costs, both for the seller and the buyer, should also be taken into account. These costs – and those that cover them – can vary considerably from property to property.
Often, the buyer pays the full closing costs, although the seller may agree to pay for the closing. Buyers and sellers can also allocate completion costs. This cost allocation should be clearly described in the sales contract. If all parties agree to the terms of the sale agreement, this acceptance must be notified. At this point, the offer becomes a legally binding contract. The terms of the contract can then be grouped into a purchase and sale agreement (SDP) which will be received after the agreement of both parties. Some items may be displayed when the property is displayed, but is not intended to be included in the sale. These excluded items should also be highlighted in the sales contract.