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An Agreement of Purchase and Sale is a written contract between a seller and a buyer for the purchase and sale of a particular property. In the Agreement, the buyer agrees to purchase the property for a certain price, provided that a number of terms and conditions are satisfied.
The closing date refers to the date when a company purchase and sale transaction is signed off and completed. This date may be different than the effective date, which is the date when the transaction is deemed to have occurred. Most of the time, the closing and effective date of a transaction is the same day.
The completion date, put simply, is moving day. It's the date on which the seller must vacate the property and the buyer will get the keys and can move in. Fundamentally, on completion, the buyer must, through their lawyer, hand over all the remaining money required to purchase the property.
Why do I need a sale and purchase agreement? It is a legally binding contract that will provide certainty to the buyer and seller as it sets out in writing all the terms and conditions. Both parties are able to negotiate their terms, through the agent, until they both reach an agreement.
The date of completion is one that is agreed by both parties prior to exchange, commonly one or two weeks later. It is the date on which full payment is made to the seller, ownership transfers to the buyer and moving day takes place.
The Purchase & Sale Agreement (P&S) is a legally binding contract that dictates how the sale of a home will proceed. It comes after the Offer to Purchase, and supersedes that earlier document once it's signed.
Completion is the point at which the property changes hands. This is the transfer of ownership of the property to the Buyer, and the payment of any unpaid balance of the purchase price to the Seller.
A purchase and sale agreement, also known as a purchase and sale contract, P&S agreement, or PSA, is a legally-binding document that establishes the terms and conditions related to a real estate transaction. It defines what requirements the buyer must meet as well as purchase price, limitations, and contingencies.
You have exchanged contracts; this means that a date for completion has been agreed between you and the seller (if you are purchasing) or between you and the buyer (if you are selling). The completion date has been inserted into the Contract and becomes your official moving day.
The bottom line is: Real estate contracts must always be in writing in order to be enforceable. While laws may vary from state to state, most states have a Statute of Frauds that applies. And in general, oral contracts are hard to prove and enforce, so it pays to have agreements in writing.