Who makes the purchase and sale agreement, plus a contingency to buy a real estate property?
Who makes the purchase and sale agreement:A Purchase and Sale (P&S) understanding is an authoritative archive that has been arranged and consented to by lawyers speaking to the buyer and seller in a land exchange. In Massachusetts, it must be marked by a purchaser and dealer after both sides have gone to a concurrence on an offer on a bit of land. The P&S will incorporate the last deal cost and all terms of the buy, and it covers the weeks between when a property is removed the market and shutting, a few conditions stretch out past the end date.takes after is a rundown of normal possibilities that can be found in most home buy understandings.Contingency to buy a real estate property:Financing/Loan ContingencyAll home deal contracts will be dependent upon you, the Buyer, having the capacity to secure a credit or other wellspring of financing with which to buy the house. This possibility may put a day and age amongst marking and shutting in which the purchaser must secure this financing. For a first time purchaser, the a lot of cash included can appear to be very overwhelming, however remember this is quite normal. In the event that you can pay money in advance for the offer of the home, then you will have the capacity to discard this possibility.2. Home InspectionA typical possibility inside a home deal assention contract is one that gives the purchaser the privilege to no less than one home review before a specific date. This possibility ought to likewise give the purchaser the chance to escape the agreement, or request repairs, if the purchaser is not, in compliance with common decency, happy with the state of the house.3. ProtectionMost property holders will need to ensure that their new buy has home protection before moving in. Be that as it may, insurance agencies have turned out to be increasingly hesitant to protect properties and homes in specific parts of the nation.4. TitleThis can be a standout amongst the most imperative possibilities for you as the purchaser. This possibility will permit you to leave the agreement if the dealer of the home can't demonstrate that he or she has substantial legitimate title to the property that is available to be purchased.What to do nextSubsequent to considering what sorts of possibilities you need in your home deal understanding, set them in motion as a feature of your offer to purchase the house.
If your real estate attorney was negligent and had you sign an agreement without explaining it to you, can you back out of the home purchase?
No. If you had questions you should have asked them to the attorney before signing the contract. If the attorney was not answering them in a way you can understand you could have found a different attorney. Not all lawyers are equal in talent and communication skills.Finally you still might be able to back out of the contract. Most purchase agreements provide a timeframe for inspection and allow a buyer to terminate during the inspection period for any reason or no reason.If you missed the inspection period deadline that means your earnest money deposit is at risk (or non refundable) and the seller can keep it. Despending on how large the earnest money deposit (a few hundred bucks to several thousand) you should be able to make a business decision if it's worth walking away from the deal if you really don't want to buy the property. It may cost you some money in losing your deposit but it may be a better decision than closing on a property you don't want to buy. Good luck!
Where can I find a document that will let me charge a fee for arranging a sale of real estate? I have no real estate license, but I read somewhere on Quora that the purchase and sale agreement can be owned.
The direct answer is that appropriately licensed real estate agents, brokers and attorneys acting in accordance with the regulations of their respective jurisdictions can be involved in real estate transactions for a commission or fee.In some cases, entities such as new home builders can hire unlicensed individuals to liaise with prospective clients up to a point (although that does not seem to be the point of the question).In residential real estate, buyers are often prohibited from assigning their rights and obligations to a third party because the value of contract depends, in part, on the veracity of the buyer.It is possible to obtain an option to buy real property valid for a specific period of time in exchange for a nonrefundable cash payment. If the holder of the option is successful in finding a buyer within the specified time period, he may exercise his option, close on the property and sell it on to a second buyer (presumably for a profit). Drafting the option agreement and handling other details of such a transaction requires an attorney.Kindly note that I am not an attorney and do not practice law. The forgoing are just the informal lay comments from someone who has seen a few things over the years.
Can I sue a homeowner or their real estate in a situation where both parties signed a purchase agreement then the buyer signed the contract, didn’t send it to me and eventually backed out?
Almost certainly no.There are certain things you must have to create a legal, enforceable contract:Legal intentCapacity of the partiesConsideration (something of value)Mutual agreementAdditionally, almost everything involving real estate falls under the Statute of Frauds. This comes from the English Common law, and says the contract must be in writing to be enforceable. It includes agreements to by or sell real estate and agreements made in consideration of marriage. (Just tossing that last in because its interesting)A real estate purchase contract starts with an offer in writing. The offeree (seller) may accept the offer as presented, reject it or make a counter-offer. Any change to the offer, no matter how minor, constitutes a counter-offer. The original offeror can do the same thing. There is no contract until and unless there is the meeting of the minds—complete agreement—and the agreement has been communicated to all parties.Once there is a meeting of minds, the document becomes an executory contract, that is, one which is in the process of being performed. Almost all real estate purchase agreements contain certain contingencies (we often call them “weasel clauses). Among these are typically loan, appraisal and inspection contingencies.The loan contingency states that the buyer must apply for and be approved for a loan within a certain period (typically 17–21 days). If the buyer does not get the loan for any reason, they get to walk, and they’ll get their earnest money deposit (the consideration) back.If the property appraises for less than the purchase, price, they can walk. If there is something on an inspection report they don’t like, they can walk.Once the buyer has removed all contingencies, they are obligated to perform—to complete the purchase. If they don’t, they are said to be in breach—violating the contract—and may forfeit their deposit.Most real estate purchase contracts today are written by the various state Realtors’ Associations. They typically contain a “Liquidated Damages” clause to be initialed by the parties. This clause states in essence, “The parties agree that determining exact money damages in the event that the buyer does not perform is very difficult. Therefore, buyer and seller agree that the buyer’s earnest money deposit will be considered satisfaction for a breach by the buyer.”In plain language the Liquidated Damages clause states that if a buyer decides not to proceed after having removed all contingencies, they may forfeit their earnest money deposit to the seller.Most contracts also contain an Arbitration Clause. By initialing this, both parties agree to go to binding arbitration rather than filing a lawsuit.If the buyer in your case did not deposit a check with escrow, you never had a contract. If there were contingencies which they did not remove, such as a loan contingency, they are completely free to walk. If you made a counter offer which they chose to ignore, you never had a contract. If your acceptance of their offer was not communicated to them (typically be delivering to them a fully-executed copy of the purchase agreement), you did not have a contract.Someone who “ghosts” and does not take the steps to proceed with a purchase for whatever reason almost invariably has plenty of legal “outs” if they don’t want to go forward. I believe your best bet is just to get on with your life and find another buyer.My standard disclaimer: While I am confident in the accuracy of my statements here, no one should construe a single word of it to be legal advice. I am not an attorney, although I know a whole lot of really fine legalish words. The best. They’re terrific. Anyone who needs legal advice should seek such advice from a duly licensed professional. Relying on “legal” advice on Quora could be an indication of a need for another kind of professional help.I hope this is helpful. Good luck.
In a US real estate sale, is it ok for the purchase agreement to ask for a deposit to be paid to the agent's bank account before setting up an escrow?
No.I’m not a lawyer, so this isn’t legal advice. For that, you need a lawyer. However . . .Deposits are to be put into a separate escrow account, almost always under the control of the brokerage of the listing agent. (As an investor, I use my settlement company and its escrow account.)A deposit should never, never, never be put into the agent’s bank account. That’s absolutely forbidden.Further, there are usually guidelines on how quickly (very quickly, a matter of days) the payment must be deposited into the escrow account. The agent can’t even hold onto the check for, say, a week, before putting it into the escrow account.
How do I evaluate real estate properties to reduce risk for purchase on a tax sale list? software or formula.
That would depend upon your financial position, access to the right professionals to do the repair/updates needed, legal assistance to straighten out any title or other legal challenges. You'll also need some feet on the ground to look at what the local municipality has on the property. Then you'll need to figure out any tenant issues. You'd be best advised to go to work for someone or some company that already does this and learn from them on their dime rather than yours. You'll learn valuable insight on local customs, laws, procedures etc. as well as contacts with the right people to work with to be profitable.
How hard is it to get out of a real estate listing agreement if you believe your realtor isn’t doing a good job?
Despite what the person said below It is not easy at all! It’s called a contract for a reason. If it were that easy to break, what would the point be of having a contract?So in order for you to be able to get out of the real estate contract, the other party has to let you out unless there is specific language that addresses your ability to escape.Most contracts are not set up that way. If the real estate agent/company is smart, however, they will not keep someone in a contract who is unhappy.The company could do more harm to themselves if you speak negatively about them than just being amenable to let you out.Here are some tips on how to fire a real estate agent that should prove helpful. Like Jay mentioned below, the contract is with the company and not the agent.
How do I get the capital or loans to invest in real estate and rent real estate out?
It depends whether you’re investing in commercial or residential real estate.The process to receive funding for a real estate investment differs on the type of property you’re looking to invest in, with the first and most important decision being between Residential real estate (homes and 2–4 unit Multifamily buildings), and Commercial real estate (buildings occupied by companies, or 5+ unit Multifamily properties).If you are looking to get started with Residential real estate investing and not sure where to start, there is a lot of great content on BiggerPockets: The Real Estate Investing Social Network - both guides and forums with other investors. The short answer is that funding will largely be based on your own credit score and finances.If you are looking to get involved in Commercial real estate, the process for receiving funding is a little bit different. Broadly, you can raise Equity (co-owners of your property), and generally you’ll supplement the total equity with Debt (an interest-bearing loan against the property).If you’re going commercial and have enough equity lined up, between yourself or an LLC with multiple investors including yourself, then next step is to find the property to invest in and create a great plan. Lenders in commercial real estate will evaluate the property itself and the plan, to determine metrics like the ratio of the property’s income to interest owed (Debt Service Coverage Ratio), the percent of the building value represented by the loan (Loan to Value), and some other measures of return and risk. These factors, plus your experience and financial strength, will determine the type of loan you qualify for. Banks, private lenders, and several other types of entities play in the commercial loan space.We’ve made it easy to find the best property-backed commercial lenders in the US by creating a platform that guides you through the loan application process, and instantly matches you with top lenders that are pre-selected for your deal scenario. Check out StackSource to learn more, or feel free to ask me other questions related to commercial real estate lending!