Replace Text In Legal California For Sale By Owner Forms For Free

Any purchase agreement should include at least the following information: The identity of the buyer and seller. A description of the property being purchased. The purchase price. The terms as to how and when payment is to be made. The terms as to how, when, and where the goods will be delivered to the purchaser.

Selling an item as is will disclaim implied warranties on an item but it will not disclaim express warranties. So, if the buyer expressly guarantees the condition of an item through their description, the seller may have legal recourse if the item does not meet that description.

When a buyer defaults, a seller has the option to sue for specific performance. This is an equitable remedy and an alternative to collecting monetary damages. It is a claim that is pursued through litigation, and if it is granted, a court will order a buyer to go to closing on a home.

LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages the deposit actually paid.

Proposed clause: The Seller is selling this property in ?As Is? condition. Buyer acknowledges and agrees that Buyer is accepting the Property ?As Is? without any warranties, representations or guarantees, either expressed or implied, of any kind, nature or type whatsoever from or on behalf of the Seller.

Question: If a buyer defaults on a CAR Residential Purchase Agreement and cannot complete the purchase, the seller will retain the deposit paid by the buyer as long as it is not more than 5% of the purchase price.