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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.
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 purpose of a seller's disclosure statement is to disclose all known defects or issues with the residence to a potential purchaser.
Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home.Neighborhood Nuisances.Hazards.Homeowners' Association Information.Repairs.Water Damage.Missing Items.Other Possible Disclosures.
The Five Elements of a ContractOffer.Acceptance.Consideration.Capacity.Lawful Purpose.
But, there are 12 states that are still considered non-disclosure: Alaska, Idaho, Kansas, Louisiana, Mississippi, Missouri (some counties), Montana, New Mexico, North Dakota, Texas, Utah and Wyoming. In a non-disclosure state, transaction sale prices are not available to the public.
Among the numerous types of things a seller in New Jersey is required to disclose are electrical system hazards, structural problems, roof leakage, termites, environmental hazards, and plumbing, water, and sewage issues.
In New Jersey, home sellers have a legal obligation to buyers to disclose information about their property's known defects. Failure to disclose can result in costly legal skirmishes that most homeowners would rather avoid.