On this page we will talk about contract clause wording, so please read the Sell My House FSBO disclaimer before proceeding. I will also be recommending where you can obtain the best for sale by owner contracts very shortly.
It would certainly be nice if there was a universal form that everyone on earth could use when for sale by owner, but that is not the case.
Each country, state, province, territory etc., has it's own pre-written clauses on their real estate purchase contract forms.
The good news is you don't have to worry if you follow a couple common sense rules when it comes to the real estate contract.
That's it! If you follow those two rules when for sale by owner, you should be fine.
You should always have a handful of real estate purchase contracts on hand when For Sale by Owner.
Yes, the Buyer(s) may bring you a completed agreement of purchase and sale, but what if they want to fill out an offer right at the house after viewing?
Be prepared! Don't forget to have counter-offer forms, some schedule "A" (these are blank forms that are attached to and form part of the agreement).
You add clauses on these forms that wouldn't fit on the main body of the real estate contract. An example might be a building inspection clause, or subject to the approval of the buyer's parents.
Looking for something else concerning contracts, forms or clauses? Just select any of the thumbnail photo links below.
Where to Obtain Forms
How do you obtain these for sale by owner real estate contract forms? I have found a couple of fantastic, easy and outstanding websites, to obtain all the forms you will ever need.
Just take a side trip to; Real Estate Forms Done Right.
Some Clauses and Fill in the Blanks You Might See
When you have the proper for sale by owner real estate contract forms for your area, the majority is all filled out for you.
All you have to do is fill in some blanks, add the subject to lawyer approval clauses, (one for you the seller and one for the buyer), and perhaps one or more additional clauses.
OK, here is some sell my house information you should find on the for sale by owner real estate contract.
- Note: You might find the legal description of your property on a surveyor's certificate, plot plan, real property report, property deed or you can always go to city hall and obtain said description.
-Note: There will be more to this clause about what happens to the deposit should the deal fall apart, either because of a condition not being met, or a buyer taking a "walk".
-Note: Be very careful when including extras on the for sale by owner real estate contract. If the mortgage lender has an appraisal done on the property, sometimes the appraiser will value the property at or near the purchase price and then deduct the price of the chattels.
- One way to avoid this problem when for sale by owner, is to write a separate agreement for any chattels being purchased with the house.
Financing clause: Unless the Buyer is paying cash, in which case it will say so, there will be a subject to financing clause for $_________ amount on or before the _____day of ______, 20____.
-Check this date carefully. In my humble opinion, it should not be any longer than 5 banking days. Be very leery if the time is longer than that. There better be a very good reason.
Now, there may be wording before the signatures of the buyer(s) to the effect that the buyer(s) offers to purchase according to the terms and conditions of the for sale by owner real estate contract, and that the offer is open to the seller until such and such a time.
Before the signature(s) of the seller(s) the words might be, The Seller accepts the buyer's offer and agrees to sell the property according to the terms and conditions of the contract.
Who are these Witnesses?
In the areas that I am familiar with and I suspect it is almost universal, a buyer's and a seller's signature does not have to be witnessed to make the for sale by owner real estate contract legal and binding.
The problems that may arise if not witnessed by a third party are twofold.
Lesson? It's better to have the for sale by owner real estate contract witnessed.
The only people that I am aware of that cannot witness the signatures in my area are;
- People not of legal age. (minors)
- People that have a mental disorder that would make them incapable of understanding their role.
- Someone under the influence of alcohol or drugs.
Note: The witness does not have to understand the contract itself. They are only providing the witness that the parties are signing the document.
If the witness was ever called to testify, their only commitment would be; "Yes, I personally saw so and so, sign the contract in question."
If you have any doubts, please ask your real estate lawyer for direction.
Sell My House Conveyancing
Description: Conveyancing, pertaining to real estate law, is the transfer of legal title of property from one person(s) to another, or the granting of an encumbrance such as a mortgage or a lien.
In other words, this conveyancing or transfer is done in most cases by real estate lawyers.
In the spaces provided, you and the buyer would fill out the information in most cases as follows;
You may also include other information if needed, such as cell number, or e-mail.
That covers most of the basics of most residential for sale by owner real estate purchase contracts where you fill in blanks.
Here are some other considerations on the real estate contract to be aware of;
If not, you could write something like this:
The following equipment is rented and not included in the purchase price. The Buyer agrees to assume the rental contract(s).
You then can list the rental item, who the contract is with and what the monthly, yearly, or whatever payments are and the basic terms of the contract.
- mortgage interest - utility charges - property taxes - rentals
Times are important whereas, if someone wants to hold you to a precise time, they most certainly can push the issue.
In a real estate transaction, the buyer is the party that needs to really pay attention to the times as most clauses pertain to the buyer satisfying a clause, or nullifying the contract rather than you, the seller.
All that Other Stuff
On the real estate contract, there will be other prewritten clauses that you should read. I know, it's boring :)
If you have any questions or concerns, as to the content and/or meaning of those clauses, you should ask your lawyer for an explanation.
I cannot possibly cover every clause and/or meaning on this website. This website may be read from all corners of the globe and therefore, there is to many variables to deal with.
For More Information about Contracts, Offers and Clauses
just select any of these thumbnail photo links