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Real Estate Information |
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Legal Information About the Real Estate Contract
The conclusion of final agreement between a seller and a buyer is the Agreement of Purchase and Sale. We know it as the real estate contract. There are five mandatory requirements for a contract under contract law: 1. The name, address and contact data for the seller(s) and buyer(s). 2. A clear description of the property. We prefer the tax map and parcel number but a street address, or other clear description will do. Such as "parcel known as Hudson Farm, being 456 acres more or less fronting on west side of US Route One and County Rd. 264, being about 9 miles north of Rehoboth in Sussex County Delaware. The final description on the deed at settlement will contain the Book and Page number where it was purchased, a survey description and tax map ID. For the contract any clear description that could ONLY be the property being sold is sufficient. This can be the Tax I.D. number. 3. The price and terms of payment. For instance: cash at settlement in thirty days from the date of this contract. Here should also be noted the deposit or consideration which may be as little as one dollar BUT is normally 10% of the purchase price. 4. The date of the contract. 5. Signatures of all sellers and buyers. Although the contract need not be written on the form provided by the Realtor, it is customary to do so. On larger properties a simple note is often written which include the above 5 items and says that a full contract will follow. Then, the short contract is followed by another formalized contract drawn up by the attorney for the buyer or the seller. That is then reviewed and usually changed to some degree by the attorneys for the other side of the transaction. On larger and more complicated properties the contract can go to dozens or even hundreds of pages. The five items here must be included but hundreds or thousands of other items may need to be included for some properties. Most contracts today, for residential homes, are written on the standard contract form authorized by the County Board of Realtors and provided by the purchaser's Realtor. The deposit money, or earnest money as it is sometimes called, is usually deposited in the escrow account of the selling Realtor. Until all of the items above are included and ratified by all parties there is not a contract but only a "contract in progress" or an "offer" as we call it. This can be an offer to sell or an offer to buy and there may be several counter offers going back and forth as negotiations continue. When everything is finalized the fully written and agreed upon document is said to be ratified. Even then the contract is not fully enforceable until it is conveyed, and received, in writing to all parties. THEN and only then can it be said to be a full and complete and enforcable contract. Copyright © 2001-2005 www.JodyHudson.com Source of this article is: http://www.kate-jody.com/essays/aboutrealestatecontract.html
MORE RESOURCES: Blackstone's Wesley LePatner, a mentor to women and real estate investing leader, killed in NYC office shooting Business Insider The real estate market: 5 key themes to watch this week Real Estate News by RealEstateNews.com AI Is Transforming Real Estate Marketing | Florida Realtors 18 months later, Blackstone still sees real estate comeback ahead Private Equity Real Estate | PERE Real estate: Condo prices rise in Indian River County; fall in Martin, St. Lucie counties Treasure Coast News Troy Furbay has been appointed Managing Director, Hospitality at Crescent Real Estate LLC Hospitality Net ‘Walking beside him’: Daughter continues stepfather’s real estate dream Mountain Home Observer Richland County property transfers recorded July 21-24 Mansfield News Journal Double digit price increases for Putnam real estate Mid Hudson News Alex MacWilliam of Alex MacWilliam Real Estate in Vero GlobeNewswire Haag-Brown Commercial Real Estate to open Bentonville office Talk Business & Politics RE/MAX revenue continues to slip despite agent gains Real Estate News by RealEstateNews.com Executive Killed in Manhattan Shooting Was CEO of Blackstone's $53 Billion Real Estate Megafund Realtor.com Real estate transfers: 7/30 Toledo Blade Inside Zillow’s summer launch: 5 new tools built for agents Real Estate News by RealEstateNews.com Anywhere revenue inches up despite ‘weird’ housing market Real Estate News by RealEstateNews.com Unlock MLS calls new listing option ‘a win for seller choice’ Real Estate News by RealEstateNews.com US industrial real estate investor Terreno sells $82m portfolio IPE Real Assets Real Estate Transactions | July 14-18, 2025 Republic-Times Real estate office renovating former daycare The News-Enterprise Exclusive: Apple to buy another Silicon Valley campus for $365 million San Francisco Chronicle Ledge Road property in Newport sold for $3.3 million tops latest Newport County sales Newport Daily News What’s Rising Across the Upstate? Updates on 7 Real Estate Developments - Upstate Business Journal What’s Rising Across the Upstate? Updates on 7 Real Estate Developments Upstate Business Journal Santa Monica Ranks Second Most Expensive for Rentals as Real Estate Market Shows Mixed Signals Santa Monica Daily Press Christie’s Debuts Crypto Real Estate Division The New York Times Atlanta real estate tycoon Tom Cousins has died at 93 Rough Draft Atlanta Easton home on Sierra Drive that sold for over $1M 'epitomizes one-of-a-kind luxury' Enterprise News Population Growth in England and Wales: A Boon for Real Estate and Social Infrastructure Sectors AInvest Blackstone’s LePatner killed in NYC shooting Private Equity Real Estate | PERE With The Enolia, MCB Real Estate reinvents the residence hall for Morgan State University Baltimore Fishbowl Boardwalk Real Estate: Q2 Earnings Snapshot San Antonio Express-News RealPage buys Rexera, maker of 'AI agents' for real estate deals The Business Journals Lucky Strike Entertainment Buys Up Location Real Estate RePlay Magazine One of the world’s largest luxury real estate firms wants to help you buy a house — with crypto New York Post Apollo Commercial Real Estate Finance, Inc. Reports Second Quarter 2025 Financial Results Quiver Quantitative Gold Key Real Estate lewistownsentinel.com Commercial Real Estate Still Has a Software Problem Commercial Observer Brixmor Property Group's Q2 2025 Earnings: A Strategic Playbook for Resilient Retail Real Estate AInvest Fed Interest Rate Predictions: No Cut Expected Tomorrow, July 30, 2025 Norada Real Estate Investments Judge sides with LGBTQ+ Alliance in battle with ex-CEO Real Estate News by RealEstateNews.com The Future of AI in Real Estate Valuations: Understanding Tomorrow’s Appraisal Standards Appraisal Buzz WeWork Wants You to Know It’s a Grown-Up Real-Estate Firm Now The Wall Street Journal NexPoint REIT Offers Shareholders Choice in $0.15 Distribution: Cash or Stock Payment Options Stock Titan Partners Real Estate names a new top executive in Austin The Business Journals Virgin Hotels Chicago Flagship Sold in Strategic Deal Amid Timeshare Real Estate Shift – What You Need to Know Travel And Tour World Real estate: Home prices climb in Martin, Indian River counties; fall in St. Lucie County Treasure Coast News Cohen & Steers: Real Estate Woes Continue To Weigh Seeking Alpha |
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