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An Alabama residential purchase and sale agreement allows a buyer and seller to enter into a legally binding contract for the sale of real property. The main terms of the agreement will consist of a purchase price, downpayment, and financing terms (if any).
The closing statement typically lists fees in two columns, one detailing the buyer's expenses and one detailing the seller's expenses. The amount of cash the buyer must give the seller has its own entry at the bottom of the document.
The elements of a valid contract are (1) offer, (2) acceptance, (3) exchange, and (4) consideration. To determine whether a contract is valid an individual must first determine whether the contract deals with goods: ? Goods ? contracts governing the sale of goods fall under the Uniform Commercial Code (UCC).
Breaches of Real Estate Contracts in Alabama A breach of contract occurs when a party to a contract does not fulfill its obligations under its terms. The potential for breaches is as many as there are damages. Making sure you satisfy the elements of the breach is a key first step to obtaining a proper remedy.
A closing statement or credit agreement is provided with any type of loan, often with the application itself. A seller's Closing Disclosure is prepared by a settlement agent and lists all commissions and costs in addition to the net total to be paid to the seller.
States that mandate the physical presence of an attorney, or restrict other types of closing duties to attorneys, include: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, ...
If the contract, without allowable contingencies, has all the elements of a valid contract that are discussed above; you could be forced by law to honor the contract regardless. Having said that, most people will allow you to terminate a contract so long as you agree to accept the consequences.
There are essentially four types of real estate contracts: purchase agreement contracts, contracts for deed, lease agreements, and power of attorney contracts. They each have different uses and stipulations.