The elements of a good real estate purchase agreement are not really different than those necessary for any deal.
· Competent parties and signatures
· Adherence to current state laws
· Adequate legal description of the property
· A very clear statement of when seller will vacate and what items are included or excluded from the sale
· Contingencies for inspections and well-defined deadlines for them
· Contingencies for title research and discovery of liens
· A schedule of document deliveries and the obligation of both parties
Though many a real estate investor has been tempted to use an off-the-shelf office supply store purchase agreement, it is a really poor decision. Likewise, it is not a good decision to write your own, or to use an online contract you find on the Internet. None of these are likely to be up-to-date with current laws in your state, and they aren’t written with your best interests in mind.
Likewise, using the purchase agreements that the local Realtors use isn’t wise either. Two reasons:
· They are usually copyrighted by the Realtor Association, so you aren’t legal in their use.
· A great deal of effort goes into making these agreements balanced and fair to both buyer and seller. You want an agreement biased in your favor.
The ultimate best solution is to use your attorney to draft a purchase agreement that protects your interests. And use an attorney who specializes in the practice of real estate law. Though you may need a divorce attorney if you lose your savings in a bad real estate investment, you don’t want one for the preparation of your real estate purchase agreement.
If the homeowner comes back with a counter offer with changes to the language of your purchase agreement, you can have your attorney bless it or make appropriate changes for your counter.
Posted by Nilesh Jethwa Wilmington and Leland NC