Real Estate Contract Clauses Examples In Suffolk
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FAQ
An "as is" real estate contract means the property is sold in its current condition without warranties or repairs. Unlike a typical contract where repairs and negotiations are common, in an "as is" contract: The property's condition is as it is.
With that being said, here are 13 of the most common types of contract clauses you may come across. Sunset clause. A sunset clause is straightforward and typically easy to include in any contract. Penalty clause. Exemption clause. Exclusion clause. Indemnity clause. Escalation clause. Exculpatory clause. Non-compete clause.
Example Clause: “The Buyer acknowledges that they are purchasing the property in an 'As Is' condition. The Seller makes no representations or warranties concerning the property's condition, fitness for any particular purpose, or compliance with any laws or regulations.”
Understanding an as-is sale through an example Imagine a person selling a used car. The car has some cosmetic wear and tear, and the engine is a bit older, but the seller offers the car for sale as-is, meaning they are not responsible for any repairs or future issues with the car.
By including these five must-have clauses—Scope of Work, Payment Terms, Confidentiality, Dispute Resolution, and Termination—you can protect your business from misunderstandings, financial losses, and legal issues.
Example Clause: “The Buyer acknowledges that they are purchasing the property in an 'As Is' condition. The Seller makes no representations or warranties concerning the property's condition, fitness for any particular purpose, or compliance with any laws or regulations.”
1 Use plain language. 2 Define key terms. 3 Structure your clauses logically. 4 Be specific and precise. 5 Use examples and scenarios. 6 Review and revise your clauses. 7 Here's what else to consider.
Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).
To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
