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An Offer to Purchase Real Estate (the "Offer") is a document that sets out the basic proposed terms and conditions between the Buyer and the Seller in a real estate transaction. Once the Offer is signed by the Buyer and the Seller, and the contained contingencies are met, it then becomes a legally binding agreement.
Who Prepares The Real Estate Purchase Agreement? 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.
When a real estate contract is legally binding, all parties have accepted the terms of the contract. First one party makes an offer. The real estate contract becomes legally binding only after the remaining party or parties accepts the first party's offer.
A real estate deal can take a turn for the worst if the contract is not carefully written to include all the legal stipulations for both the buyer and seller.You can write your own real estate purchase agreement without paying any money as long as you include certain specifics about your home.
Once both buyer and seller sign the purchase agreement, the contract is legally binding. In many cases, however, the contract has contingencies or certain conditions that must be met in order for the sale to go through.
Sellers can legally back out of real estate contracts for a limited number of reasons, and even then, they could have an uphill battle ahead of them. Unlike taking your house off the market before you sign the offer, withdrawing from a purchase contract can cost a seller big time.
Title companies that lack attorneys can only provide basic form documents and can not be used to create purchase agreements because they cannot provide legal advice. These issues could include things that relate to the specific parties involved, title requirements, or the transaction in general.
Generally speaking, when a buyer and seller agree to the terms and conditions of a proposed transaction for a commercial property, one party's attorney will draft and send the initial purchase and sale agreement to the other party's attorney.