When I started selling homes almost sixteen years ago, a typical real estate contract (with addenda) may have been about twenty pages. My mentor used to pine about the two-page contracts he used when he started in real estate. I used to think he was exaggerating, but I found that he was actually telling the truth. It is true that real estate contracts have evolved and become quite lengthy through the years. Today, our local Realtor contract with addenda can exceed sixty pages! As much as it may sound like a chore, you should take the time to read and understand the real estate contract you are asked to sign.
In today’s world of convenience and digital everything, electronically signing your real estate contract may seem like a time saver. Real estate apps make it all too easy for your agent to email you a boiler plate contract and ask you to click the mouse to sign it. But do you really know what you’re signing? More importantly, does your real estate agent know what they are asking you to sign?
A typical Realtor contract is a legally binding contract once it is ratified and delivered to all parties. That means there are potential consequences for not doing what you agreed to do. Don’t solely rely on your agent for an explanation of the contract, they may not fully understand it or its nuances. As pedestrian as it sounds, read through the contract before you sign it. Reading the contract will inform you of the terms and conditions to which you’re agreeing, which include your obligations and contingency timelines. Reading the contract will also alert you to any errors and you need clarified.
The terms and conditions of your real estate contract are more than just the sale price and closing date. Both the home buyer and seller have obligations in our local Realtor contract. A few of the many obligations included in the terms are: settlement, obtaining financing, delivering a “clean” title, and providing access to the property.
Are there contingencies? Typical real estate contract contingencies include financing, appraisal, and various inspections. However, other contingencies may be included too, such as the buyer’s home sale, the seller finding a home, third party approval, or even reviewing the county or city master plan. The contingencies you choose may vary depending on your situation. Contingencies are time limited. The contract describes how each contingency is met as well as timelines for completion and description of giving notice and responses.
Although the Realtor contract has become increasingly lengthy, it has become more standardized (at least in my area). In the past, local agents needed to know or find out the contract and addenda requirements for multiple counties and cities, much of the time falling short. Today, the Realtor contracts and addenda we use in Maryland are mostly consistent with each other, making it easier to put together and understand.
Make sure you are comfortable with the real estate contract you are signing. You should ask your agent to take the time to sit with you and review the contract before you sign it. If you’re a first-time home buyer or seller, getting the one-on-one review will allow you to ask questions about your obligations and the process. Even if you have bought or sold a home in the past, reviewing the contract with your agent will make you realize how times have changed. Since the contract is a devise, always consult with an attorney for legal advice.
Copyright© Dan Krell
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.