The Basics of Sales Agreements

BusinessSales / Service

  • Author Nika Griffin
  • Published August 24, 2010
  • Word count 522

Knowing the basics of sales agreements, including its definition and parts, is important as it can benefit you when you are in the process of purchasing a home in Carlsbad real estate.

A Sales Agreement is generally defined as the contract in which the terms and conditions of purchase are agreed upon by both the Seller and the Buyer. It has a number of terms including "Contract of Purchase," "Home Purchase Agreement," "Residential Offer," "Purchase Contract," Earnest Money Agreement," "Agreement of Sale," "Sales Contract," or "Contract for Purchase."

These Sales Agreements have different sections that state the clauses of the contract. The details must be clearly specified to avoid any problems with the purchase.

Below are the different parts of a typical Sales Agreement:

  1. Price - Every Sales Contract specifies the price you are willing to offer for the property.

  2. Deposit - This is where the amount of deposit, which can also be referred to as "down payment" or "earnest money," is stated in the contract.

  3. Time Limit - It is a good idea if you specify a particular length of time on how long your offer is open. This way, you can prevent the Seller from waiting for greater bids from some other Buyers.

  4. Closing Date - This is the specific time when the deal will be finalized.

  5. Moving Date - This is the time you will be moving in the house.

  6. Escrow Agent - The one who'll hold the earnest money.

  7. Closing Agent - The one who coordinates with both parties to complete the deal.

  8. Items Included - Those items that are included in the purchase must be specified, for example, lighting fixtures, carpeting, appliances, and so on and so forth.

  9. Items not Included - It's important to specify the items that are not included in the purchase in a sales agreement.

  10. Legal Description - The legal description of the real estate.

  11. Clear Title - There must be a clause in a sales contract that guarantees that the seller must give clear title to the home by a certificate of title, abstract of title, or title insurance policy.

  12. Inspection Clause - A sales agreement must include an inspection clause. This will allow the buyer to hire a professional home inspector to check the property for sale. This should make your offer contingent on a reasonable home inspection report.

  13. Date of Walk-through Inspection - You should include the exact date of when you may make a walk-through inspection of the property prior to the closing date so that you can make sure that everything's in proper order in accordance to the guarantees stated in the agreement.

  14. Liquidated Damages Clause - A condition that obligates the seller to pay you a particular amount for every day past the occupancy date that you are not able to move in because the house isn't available.

Understanding what a sales agreement is, as well as the terms and conditions included in it, can be a big help. This way, when you decide to purchase Carlsbad homes for sale, the process will be a lot easier and you can be sure that everything will run smoothly.

Nika Griffin writes articles about real estate and investment and is passionate about personal finance topics. Check out interesting Carlsbad homes for sale as well as a comprehensive list of Carlsbad real estate.

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