by and For the Real Estate Consumer....
keep in mind that most Real Estate Contracts - especially the "Buy/Sell Agreement" are only a Standard Contract and since you are party to the contract you can change anything which doesn't violate existing law. (Again - use common sense).
The seller would make these changes and list them in a counter offer...
If smart, buyer and seller - both - will notice that the whole contract is written
to benefit mostly the buyer and the Real Estate company, especially when it comes to "time" and contingencies and disclaimers respectively. However, if the Buyer needs this contract in the future to go after the Seller or the Realtor for lies - they may find that they are not protected in the real estate contract at all.
Keep in mind -
a "contingency" in most cases is nothing else but a way for
the "buyer" to get out of the contract - even those buyers who pay cash. As seller one needs to reject any buyers who have unreasonable contingencies.
Often, these prospective buyers make offers on more than one home at the same time as well - or are totally unsure of the financial aspect of a home purchase.
As a Buyer one needs to make contingencies for instance if a new home is being purchased and not quite finished at the time of purchase.
(Contingency.... hold so many Dollars in Escrow for the installation of the Heatpump..... etc. etc.) That is a reasonable contingency and not a "buyer's remorse" type.
Specifically,
sellers need to pay attention to the following:1) Earnest Money:Earnest Money is a consideration that the "potential buyer" really is serious and he shows his seriousness by making a deposit of Earnest Money. This amount should go to the seller's and not to the real estate broker's account. As a minimum it should go into escrow on BEHALF of the seller's account
Keep in mind - most buyers want to buy a home and come to your place, look at your house, make an offer to buy your house and have not much, if any money to their name. With other words 80 to 90 percent of the 'looking public' wants to buy your house with someone else's money and doesn't even know if they will be approved for the loan needed.
2) Finance Contingency............... demand the buyers provide a binding financial loan approval no later THAN ...... days in writing from a loan company (don't give them 20 or 30 days). Mortgage brokers cannot make a commitment of approval. They can pass it on, but not make it. Pre-approval from a Mortgage broker usually has contingencies and is not worth the paper it's written on in most cases. (
NOT a Pre-Approval Letter - but an actual Approval.. there is a BIG difference)
In the meantime, the seller is expected to wait till the buyer gets his stuff/finances in gear and then the buyer expects the seller to move out on the day the home closes. Actually, in the olden days this was not the buyer's intention, but the real estate agents made it so over the years. It used to be that MLS showed: Possession 10 days after closing or 30 days after closing. You might have buyers who expect you to pay rent on "their house" after closing. Well, that is the same as if the seller would charge interest to the buyer from the time the buyer "committed to buy" until he actually provided the money. People wake up. It's your house to sell and you set the terms.
In an honest society, a RE agent would not come to you with someone 'off the street' or 'off the phone' and let them see your home. In fact, in an honest society BROKERS and subsequently RE agents would DEMAND that a prospective buyer is PRE-approved (note: pre-APPROVED for a certain amount by a finance company). In fact some brokers demand this from their prospective buyers. ! .Prequalification means nothing.
3) Time for completion of financial obligations - This contingency is more or less seeking advance authorization for a potential/probable "buyer's delay" (in closing) because of financing. Usually, brokers/agents write their customary 30 days starting from the "closing date".
Do NOT fall for this. Change it to 3, 7 or 10 days, whichever is acceptable to you. or cross it out completely. I know of a case where closing fell through because the mortgage broker hadn't done much if anything at all. Buyer had flown in from out of state for closing, etc. etc. It ended up where this CONTINGENCY was actualized and in force for 10 days.
The whole deal was eventually closed in 14 days and on the 10th day the seller requested by addendum a few thousand Dollars EXTRA HARD CASH to be paid to seller and granted an additional 3 days - or else the deal would be in default and the house would be back on the market. It worked like a charm. This only shows how fast things "can go" when RE brokers see that their "commission is ready to walk out the door with the calendar".
4) Closing date.............
Usually, the standard contract calls for 60 days from mutual acceptance of the "deal" (offer and acceptance). I think that's too long. If things can't be done in at least 45 days, then I would not want that buyer.
5) Possession date: DO NOT give possession on the closing date........ regardless of reason.
Lots of deals fall through at closing and besides, why should you be pushed out of the house and sell and or move all your things before you have any hard cash and the buyer had you wait weeks and weeks for his "loan check".
Regardless, it's just unreasonable for the RE agent and or buyer to expect possession at closing. See more under Finance Contingency.... In case you plan to sell all your furnishings (to someone else than the home buyer) it is essentials that your sales agreement with the buyers of your furniture states.... "so much down and the rest payable on closing of your real estate transaction at which time the furniture is available for pick up". This leaves you a way out to refund them their money and you to keep your furnishings in case the deal falls through.
Financing Conditions and Obligations:
See reference to Finance Contingency re: Loan pre-approval no later than .........
VA and FHA - Buyers: Seller be cautious and read the terms ....
3) Home inspection contingency : a fair contingency if reasonably applied.
However, this contingency is also called the "cop out" contingency - (also known as buyer's remorse contingency). This means, if a 2 x 4 is crooked in the basement or a shingle might have raised a bit on the corner next to the chimney --- then, the 'prospective buyer' has his choice to buy or not to buy.
People, beware and start becoming exact in writing down exactly in which case you allow the buyer to NOT stick with his contract, e.g. repairs over 2000 Dollars, this or that.. Do not count on the agent to look out for you. Also make sure the date for written disapproval of the Property conditions is close to the finance pre-approval condition, else the seller wastes too much time with the buyer; and make sure that you get informed BY THAT date and not just your agent. (They can backdate info and or say, we got the buyer's disapproval and you were not home, etc.... etc. beware!)
Consent to Disclose information.
Most contracts have a statement whereby both parties have a right to procurement of any and all information necessary for the consummation of the buy/sell transaction. However, not all parties participate. E.g. the mortgage broker tries to say .... it's my client, etc. Seller: get your own statement in there, stating that you are entitled to check on the progress of the financing and everything related to it because the real estate agents will NOT keep you up-to-date.
Note:
From the above one can see why some sellers were out of the market for 90 days or more - because they had an offer and YET, it fell through. Customary 60 days to close and then an additional 30 days (time for completion -- similar to grace period)... That's why the seller needs to look out for himself when it comes to TIME.
Most of the contractual items and stuff are listed on "numbered lines" in a buy/sell agreement. When you make your counter offer just reference the "line number" and say Change Line # 55 to read ........ 40 days
Change Line # 63 to state .......... etc. etc.
Think outside the Box the Realtors have you, the Real Estate Consumer In...