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A situation beyond the parties' control that makes the transaction impossible or exceedingly difficult or expensive to close may be unenforceable. An example of impossibility is the sale of a home that was destroyed by a tornado while the buyer and seller were under contract.
For a contract to be enforceable, both parties must have the capacity to understand the terms of the contract. What makes a contract unenforceable is when one party doesn't understand the terms or how they will be bound by it.
In an escrow agreement, one partyusually a depositordeposits funds or an asset with the escrow agent until the time that the contract is fulfilled. Once the contractual conditions are met, the escrow agent will deliver the funds or other assets to the beneficiary.
Seller closing costs are fees you pay when you finalize the sale of your home in Arkansas. These include the costs of verifying and transferring ownership to the buyer and many are unavoidable. In Arkansas, you'll pay about 1.2% of your home's final sale price in closing costs, not including realtor fees.
The contract must include consideration. Common forms of consideration include money, property in exchange, or a promise to perform. Without consideration, a contract is not legally enforceable.
Arkansas' escrow process is similar to other states where a closing agent, (who is often an escrow agent or representative from a title company) is used to complete the transaction. In Arkansas, buyers and sellers often consummate the transaction at the same closing (or 'settlement') table.
Arizona: Real estate attorneys are not essential for closing but may be advised by your real estate agent. Arkansas: Real estate attorneys are not essential for closing but may be advised by your real estate agent.
Contracts need to involve an exchange of something valuable, referred to in legal terms as consideration. In the case of a real estate contract, that consideration would be the title (from the seller) and an earnest money deposit (from the buyer). Without that consideration, the contract is unenforceable.
A legal nonconforming use. The following statement regarding earnest money is FALSE: Earnest money is not required for a contract to be valid. Earnest money must be at least 10% of the contract price.
Earnest money refers to the deposit paid by a buyer to a seller, reflecting the good faith of a buyer in purchasing a home. The money buys more time to the buyer before closing the deal to arrange for funding and perform the hunt for names, property valuation, and inspections.