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»Buy Sell A Home
Real Estate Law - Buy Sell A Home - General Questions

  Page 15 of 28

What are some of the things the seller should be sure to put in the contract?
The seller will want to be sure that the contract specifies that

(1) s/he (the seller) is entitled to damages (usually the deposit) if the buyer does not fulfill his or her end of the contract - the amount can vary from as low as 1% to as much as 10%, generally depending upon the location

(2) all statements made about the property by the seller are accurate

(3) any of the buyer's contingencies - like inspections or financing - will be taken care of in a reasonable amount of time

The date of closing and possession should be clear. Also who pays the "closing costs" and broker's commission (when is it payable: upon signing the contract or upon close of escrow)? These should be clearly spelled out.
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