This section should be used to negotiate property that is not part of the property, by definition that the buyer wants the seller to leave with the property. It is important to keep in mind that some of these items have sentimental value to the seller and could be a point of conflict in the negotiation process. Therefore, it is recommended that buyers carefully consider any applications they wish to make with respect to personal property. Even if too many items, or too expensive items, are included in the purchase price, the buyer may not be able to get a loan due to appreciation problems. NOTE: If a seller offers to include personal effects in the MLS offer, the buyer must continue to include it in the sales contract. The MLS offer is not part of the contract and the seller does not expect the buyer to want these items. In addition, the seller is generally required to remove all personal property that is not included in the contract prior to occupancy by the buyer. This clause indicates the date on which the seller will plow the property and the seller`s obligations/rights with respect to service, rental and condition of the property after the evacuation. It is important to remember that a change in the closing date may compromise the ability to provide/accept occupancy in accordance with the original sales contract. If the reference date changes, the occupancy date must also be reviewed to determine if a change should also be made on that date.
Otherwise, a seller may have to evacuate the property in less time after closing than expected. Or maybe he could leave a buyer in a „homeless“ situation if he has to be lived on a certain date. There is no specific rule on when the occupation should be granted. Some sellers offer occupancy at closing. Others need time to facilitate their move and may require several days, a month or more. The time a seller after closing for the monitoring of the property is negotiable between the parties. This possibility should allow the buyer to secure the financing before committing to continue the purchase of the property. The specific conditions listed in the event must be carefully considered, as they will serve as the basis for the buyer`s obligation to proceed in the event of difficult financing of the purchase. Consideration should be given to the type of loan, the maximum rate and the minimum number of years the buyer must accept to finance the purchase. In addition, the buyer must act in good faith to seek financing of the property. If they do not carefully seek the type of financing defined in the agreement, this may lead to a finding of an infringement on the part of the purchaser.
This may seem simple enough, but believe it or not, an error can be made in this section of the sales contract. Be sure that the address and/or other legal description of the property for which you wish to make an offer are correct. This is especially important for buying a lot in a development. A simple mistake can make you the owner of the lot you didn`t want to own. Most buyers want to have the obligation to go with the purchase of real estate in one way or another on the results of a real estate review. The terms of this type of contingency can vary considerably from contract to contract. Some contingencies provide that the inspection must be satisfactory to the buyer. Others anticipate that if the buyer is dissatisfied with the results of the review due to material defects, the buyer and seller negotiate the correction of these defects. Be sure to check this contingency carefully to make sure it meets your needs. And remember that if the eventuality does not require negotiation, the seller has no obligation to heed the buyer`s requests for correction.
And the buyer`s only option may be to cancel the contract and absorb the cost of the inspections.