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What Details Should be Part of a Real Estate Contract?

by Anne & Jay Humphreys 05/17/2020

Image by mohamed Hassan from Pixabay

When you make an offer on a home, your real estate agent will create a real estate contract, also known as a purchase agreement. Before you sign this, you should make sure you understand it. This is a legally binding agreement, and you need to be certain you’ve made the right choice. So what’s really in a real estate contract? Here are the key points it will contain.

1. The Price

The price you are offering to pay for the home is a key point in the contract. This may or may not be what the seller listed the home for. Make sure your price reflects the current market trends and the condition of the property.

2. Important Dates

Your contract will include several important dates. These include:

Target date for the closing

Offer expiration date

Deadline for certain things, like the home inspection

Choose dates that are reasonable but that give you answers soon enough to make your own decisions about the purchase of the home.

3. Earnest Money

To show that you are serious about the offer, your contract will include earnest money. This is like a deposit on the purchase of the home, and the money will go towards the purchase at your closing. If you walk away from the home purchase without just cause, the seller can keep that earnest money

4. Contingencies

Contingencies are a major part of the contract, and often one that’s the least understood. These are the conditions you’re asking the seller to fulfill before you will proceed with the contract. Contingencies may include the inspection, any known repairs needed or any allowances you want to purchase items for the home or do repairs yourself. You can add any number of contingencies to the offer contract, but they do make the contract less appealing to the seller. That said, it’s always wise for buyers to make an offer contingent on inspection, as the inspection offers important protection.

5. Additional Details

Finally, the contract will include details about who pays for the various costs of the home sale, including the title insurance, closing costs, survey and inspections. It will also contain the details about how and when the utilities will change from the current owner to the new one if the sale moves forward.

Whether you are a buyer making an offer or a seller receiving one, take some time to have your real estate agent walk you through these components of the contract. Make sure you understand the document fully before you sign it. This will protect you from making a mistake on this serious and legally-binding agreement.

About the Author
Author

Anne & Jay Humphreys

I have grown up living in Brevard County and absolutely love our area! Because I have lived here since the age of 6, I have had an opportunity to live in various locations throughout the county, growing up in Indian Harbour Beach. After purchasing a home and investment properties, I decided to pursue a real estate career and became licensed in 2005. Throughout my career I have worked not only in a good market but toughed it out in the downfall of the market as well. in addition to working traditional sales, successfully negotiated short sales with both sellers and buyers, as well as working many transactions with bank owned/REO properties. It is so wonderful to be back in a healthy market! My customers are invaluable to me and receive my utmost attention, priority, and respect. 

My husband, Jay Humphreys, acquired his Real Estate license in 2014 and has joined me in providing service to our clients. We enjoy the team aspect of Real Estate as Jay has been a licensed Insurance adjuster since 1997 and has a wealth of knowledge dealing with all aspects of insuring properties. He also has many years of construction experience and together we have purchased and remodeled 4 homes here in central Merritt Island.