Purchase And Sale Agreement Flashcards
Title and closing
Seller is to give title by closing date. Seller to make a good-faith effort to cure any title defects during a 30 day. If not (Buyer) has the option to except title as is or void this contract.
Possession
Buyer gets possession of property after closing unless otherwise agreed in writing.
Risk of loss
Seller is obligated to repair any damage to property or void contract. Seller is obligated to deliver property as it was. Buyer shall have the right to view the property within 24 hours prior to closing to see if property is all set.
Due diligence
Buyer is encourage to seek professional info about the property.
Contingencies and such.
Contingencies
Buyer has a certain amount of days to look into contingencies. Fire able to back out if contingency is not met or agreed upon.
Property disclosure form
Stating that the buyer received A copy of the property disclosure form
Default/return of earnest money
Either party has the right to back out if one defaults and get earnest money if they have written consent.
Mediation
Can be resolved with a professional mediator.
Prior statements
No outside agreements. Everything is included in this contract or in an addendum that is noted in this contract.
Heirs/assigns
If seller dies contract is still in effect.
if (Buyer) dies it is voided.
Counterparts
You can have (copies emails, Docusign and fax etc.) and is still a binding contract and legal.
You do not need the original copy in order to be binding.
Notice
If you tell the agent you told their client.
Effective date/business days
The comes effective once both parties sign. And have been communicated to both parties.
Days mean business days.
Confidentiality
Giving the agent permission the right to disclose this contract to others for closing purposes.
Like attorneys, lenders, appraisers, inspectors, investigators etc.
General provisions
A. a copy is to be received by all parties.
B. out-of-state clients must pay they withhold tax unless they get a waiver.
C. property taxes will be split between who owned property on what day and such.
D.buyer acknowledges that back up offers are still to be received to seller.
E. Agency acting as escrow must comply with the main real estate commission for releasing earnest money.