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The contract usually contains the following: names of buyer and seller, a complete description of the property (including address and legal description, purchase price, and agreed upon earnest money deposit or EMD), closing date or time frame for closing, proof of title insurance and the financial contingencies for ...
Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
The five requirements for creating a valid contract are an offer, acceptance, consideration, competency and legal intent.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.
Typically, the buyer's agent writes up the purchase agreement. However, unless they are legally licensed to practice law, real estate agents generally can't create their own legal contracts.
The Nature of a Contract To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
The Five Elements of a Contract Offer. Acceptance. Consideration. Capacity. Lawful Purpose.
Remember, every contract needs to have an offer, acceptance, consideration, capacity, and legality in order to be considered valid. If any of these elements are missing or unclear in the document then it may not hold up in court.