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A contract of sale lists all the relevant information pertaining to the sale of a property, including such things as names and address of the buyer and seller, conditions of the sale and inclusions. Once signed, is a legally binding agreement between the purchaser and the seller.
Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.
The Five Elements of a ContractOffer.Acceptance.Consideration.Capacity.Lawful Purpose.
Buyers and sellers of property in MA, NH and ME need an attorney who understands the entire real estate process from the time of the initial purchase and sale agreement through the closing on your home purchase.
Distinguish between the two main parts in a standard form contract for the sale of real estate. Two sections of a standard form contract are the negotiated items that need to be "filled in," and the standard provisions that seldom need to be negotiated.
To establish legality, a real estate contract must include a legal purpose, legally competent parties, agreement by offer and acceptance, consideration, and consent.
Essential elements of an agreement of sale of immovable property are: parties (buyer & seller); price (purchase price); subject of sale (immovable property); prescribed formalities (agreement must be in writing and signed by the parties). A contract of sale need not be embodied in a single formal document.
Being forthcoming about known material facts of a home results in a smoother sale and protects against issues after the sale. Sellers need not provide personal facts such as the motivation to sell, but must tell everything in their knowledge about the home itself.
The closing clause generally describes what must take place at closing to avoid default. A seller must provide clear and marketable title. A buyer must produce purchase funds. Failure to complete any pre-closing requirements stated in the sale contract is default and grounds for the aggrieved party to seek recourse.
New Hampshire isn't like other states, as sellers aren't obligated to disclose any property defects. But state courts follow a legal doctrine that allows them to refuse compensating buyers for property defects.