Whenever you are dealing in real estate, it is always important to do it through a good attorney, to avoid potential problems cropping up later. However, it is also important to read and understand a few basic terms of the contract, before you sign any document. Real estate contracts are between two parties, namely the 'buyer' and 'seller'. And therefore, they are called 'bi-lateral contracts'. These are some of the essential points, which should be present in any real estate contract.
The first section should have information about the names of both the buyer and the seller. The next section should mention the details of the property including the address, such as the street, area, county or district, state, etc. If a survey of the mentioned property has to be done, then that too should be mentioned and also whether the payment would be made by the buyer or the seller. This section should also mention anything, which could be included or excluded from the property.
The next section should contain the financial details of the contract, i.e. the purchase price of the property and also the details as to how the buyer would be paying for the property. If there are some contingencies regarding finance, then that also has to be mentioned. Appraisals, if any should also be mentioned along with details, as to who would be paying for it. The next section should mention the exact date as to when the buyer will be taking actual possession of the mentioned property. The next section should mention inspections, if any, which could be requested by the buyer such as inspections to detect termites, rats, paint condition or even a full home inspection.
The next section should mention the details, as to how the seller is planning to convey the title of the property to the buyer. If any title policy is to be provided to the buyer by the seller, then the details should be mentioned here. If the buyer wants to conduct a walk through of the property, then that should be mentioned in this next section, provided he gives the seller an advance notice.
Finally, a contract would not be valid, if the parties involved in the contract, namely the buyer and seller of the property, do not sign it. So, the last section should mention the names and signatures of both the parties. Once the contract is signed, then as per the law, both the buyer and seller are bound by the terms mentioned in the contract and action could be taken against any party, which violates the terms of the contract.
Most of the states have standard real estate contract forms. So, except for signing the contract not much is to be studied. Since, most properties might have some or the other individual feature or if the financial terms of the contract are different, then they have to be mentioned specifically in the contract.
So, the above-mentioned are normally the basic requirements of any real estate contract. You could have many additions or alterations to this contract, provided both the parties involved, and their attorneys mutually agree upon it.
