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Offer To Purchase Clauses You Need



A


n offer to purchase is a        refuse to "approve" of the        
legally binding document,       results, and so get your deposit  
not just a casual               back. Alternately, you could      
negotiating tool. The moment the      renegotiate a lower price.        
seller of the real estate signs                                         
your offer, you are obligated to      Earnest money clause. Real estate 
live up to its exact language.        agents will tell you that a       
Since you can write the offer how     certain amount is necessary for a 
you want to, why not include the      deposit, but the decision is      
clauses that smart buyers use to      yours. A small earnest money      
protect themselves? You can also      deposit may be taken seriously,   
use language that will save you       if you include a clause like      
money.                                this: "$100 earnest money         
                                      deposit, to be increased to       
The Offer To Purchase - Important     $2,000 upon acceptance of this    
Clauses                               offer." Or you can have it        
                                      increased "when all contingencies 
Inspection contingency clauses.       are met." The reason? Suppose     
You want something like this in       there's an argument about you     
every offer to purchase: "Offer       backing out because the inspector 
is contingent upon a home             found foundation damage. You      
inspection and buyer's approval       won't have your money tied up     
of the results; inspection to be      while this is being resolved.     
done at buyer's expense within                                          
ten days." You can ask the real       Right to assign clause. This one  
estate agent for help with the        is primarily for investors.       
specific wording. This clause         Suppose your partner isn't there  
gives you the right to have an        to sign the offer, or you want to 
inspection done. If anything          "flip" the deal to another        
negative is found, you could          investor, or you may need to      



involve a partner for purposes of     Basic financing contingency       
funding the deal. You need a          clause. If the loan doesn't come  
clause in the offer to purchase       through, and you can't buy the    
that covers this. Including the       home, you'll lose your deposit,   
words "and/or assigns" after your     unless you have something like    
name on the offer is usually          this in the agreement: "Subject   
sufficient, but ask the real          to buyer obtaining a firm         
estate agent what the local           commitment for suitable financing 
custom or language is. This           within ten days." Actually, the   
allows you to add another buyer       language should usually specify   
or assign the whole contract to       what "suitable" means in terms of 
another.                              interest rate and such.           
                                                                        
Closing cost clauses. You can         Spousal approval clause. This     
specify that the seller pays for      clause can be as simple as        
the closing fee, the title            "Subject to a walk through        
insurance, the recording fees,        inspection and approval of home   
and even the points on your loan.     by buyer's wife (or husband or    
For many sellers the price is the     partner - state their name)       
most important thing, and they        within two days." If your wife    
don't care too about the details.     says no to the deal within two    
What if they don't want to pay        days, you can back out and get    
the costs? You at least gave          your deposit back. For the seller 
yourself some negotiating points.     to agree to this one you need to  
Now get something for dropping        keep the time frame as short as   
each of the costs you included.       you can.                          
This could include a reduced                                            
interest rate if the seller is        Some of the above clauses are     
financing part of your purchase.      normal and acceptable to all,     
                                      while others are likely to annoy  



the real estate agent. That's         these clauses to protect yourself 
okay. The seller has the right to     in your offer to purchase.        
say no to your offer in any case,     

                              
and you have the right to use         




About the Author:

Copyright Steve Gillman. Visit his website for: 1. A photo of a beautiful house he and his wife bought for $17,500. 2. A free book on how to save thousands buying your next home. 3. A free real estate investing course. Visit http://www.HousesUnderFiftyThousand.com


Read more articles by: Steve Gillman

Article Source: www.iSnare.com


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    Offer To Purchase Clauses You Need