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How can I protect myself before I sign
this purchase and sale agreement?
For starters, know what you are
buying. Ask questions. For example:
- Are there any zoning violations
on the property which will have to be corrected?
- Are there any environmental
hazards which may be present (someone in the distant past may
have dumped environmental hazards on the property so an environmental
assessment should be made)?
- Are there any apparent conditions
on the property which could potentially harm someone who happens
to come on the property?
- Are there any restrictions or
covenants in the purchase contract that would be hard to comply
with?
- Will you be able to pay the
mortgage on time?
- Are there any potential defects
in the chain of title? Resolve these issues before you take title,
interest or possession.
Real property owners can protect
themselves from many of the risks of ownership by purchasing
insurance. The two most common forms of insurance for real property
includes liability insurance and title insurance.
The time period between the time
you give a good-faith deposit check and the closing date is a
set time period (normally 30, 60, or even 90 days). Your deposit
check will be cashed so be sure you have sufficient funds in
your account to cover it. Your deposit money will go towards
the purchase price if the sale goes through. But if you back
out of the deal for a reason not set forth in the contract, the
seller may be entitled to keep the deposit money.
During the time period before closing date, the terms of the
purchase contract are to be taken care of. The contract probably
includes a financing contingency and inspection contingency,
and a provision that the buyer can and will confirm a title to
the property free of defects. The inspection provision allows
the buyer to have the property professionally inspected. The
financing provision gives the buyer time to secure mortgage approval.
Because this is often a lengthy process, the buyer should begin
seeking financing immediately after the contract is signed.
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