
Prds Real Estate Purchase Contract WikiDownload Form


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FAQs prds real estate forms
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Can I sue a homeowner or their real estate in a situation where both parties signed a purchase agreement then the buyer signed the contract, didn’t send it to me and eventually backed out?
Almost certainly no.There are certain things you must have to create a legal, enforceable contract:Legal intentCapacity of the partiesConsideration (something of value)Mutual agreementAdditionally, almost everything involving real estate falls under the Statute of Frauds. This comes from the English Common law, and says the contract must be in writing to be enforceable. It includes agreements to by or sell real estate and agreements made in consideration of marriage. (Just tossing that last in because its interesting)A real estate purchase contract starts with an offer in writing. The offeree (seller) may accept the offer as presented, reject it or make a counter-offer. Any change to the offer, no matter how minor, constitutes a counter-offer. The original offeror can do the same thing. There is no contract until and unless there is the meeting of the minds—complete agreement—and the agreement has been communicated to all parties.Once there is a meeting of minds, the document becomes an executory contract; that is, one which is in the process of being performed. Almost all real estate purchase agreements contain certain contingencies (we often call them “weasel clauses). Among these are typically loan, appraisal and inspection contingencies.The loan contingency states that the buyer must apply for and be approved for a loan within a certain period (typically 17–21 days). If the buyer does not get the loan for any reason, they get to walk, and they’ll get their earnest money deposit (the consideration) back.If the property appraises for less than the purchase, price, they can walk. If there is something on an inspection report they don’t like, they can walk.Once the buyer has removed all contingencies, they are obligated to perform—to complete the purchase. If they don’t, they are said to be in bsignNow—violating the contract—and may forfeit their deposit.Most real estate purchase contracts today are written by the various state Realtors’ Associations. They typically contain a “Liquidated Damages” clause to be initialed by the parties. This clause states in essence, “The parties agree that determining exact money damages in the event that the buyer does not perform is very difficult. Therefore, buyer and seller agree that the buyer’s earnest money deposit will be considered satisfaction for a bsignNow by the buyer.”In plain language the Liquidated Damages clause states that if a buyer decides not to proceed after having removed all contingencies, they may forfeit their earnest money deposit to the seller.Most contracts also contain an Arbitration Clause. By initialing this, both parties agree to go to binding arbitration rather than filing a lawsuit.If the buyer in your case did not deposit a check with escrow, you never had a contract. If there were contingencies which they did not remove, such as a loan contingency, they are completely free to walk. If you made a counter offer which they chose to ignore, you never had a contract. If your acceptance of their offer was not communicated to them (typically be delivering to them a fully-executed copy of the purchase agreement), you did not have a contract.Someone who “ghosts” and does not take the steps to proceed with a purchase for whatever reason almost invariably has plenty of legal “outs” if they don’t want to go forward. I believe your best bet is just to get on with your life and find another buyer.My standard disclaimer: While I am confident in the accuracy of my statements here, no one should construe a single word of it to be legal advice. I am not an attorney, although I know a whole lot of really fine legalish words. The best. They’re terrific. Anyone who needs legal advice should seek such advice from a duly licensed professional. Relying on “legal” advice on Quora could be an indication of a need for another kind of professional help.I hope this is helpful. Good luck.
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How likely is it for me to win a lawsuit where a seller wants to back out of a signed commercial real estate offer/contract?
Obligatory legalese: I’m not a lawyer and you should consult one for legal advice.Generally speaking, if you have performed as specified in the contract, including putting in deposit, removing any applicable contingencies, and informing seller of your intent to close, then I think you have a pretty good case.However, in practical terms, it’s not clear if you should go to court. Lawyers are expensive and, depending on the contract and the state you’re in, you may not be able to get back your expenses, even if you win. And any case, even a winning one, is going to take a long time to complete; is it really worth your time and aggravation?
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How can I get out of a real estate contract when I priced the property too low and really feel it is a mistake to sell it?
Number one thing is to step back and think objectively talking to your listing agent. Hopefully, you did use an experienced Realtor to help you set the price. If a home is priced correctly, you should expect to have interest and offers early. You may have to wait a while before you get another similar offer. When a home first goes on the market, you get both the people who’ve been looking for possibly weeks or more plus new buyers just starting.If you truly want to get out of the contract talk to a real estate attorney. As a seller contracts really don’t give you much out unless a buyer defaults. If this your homesteaded home, you may be able to avoid being forced to sell but could be held liable for buyers costs and possibly damages. Your home may even be held up from being sold to someone else. If you have a listing agreement, you may be responsible for commissions.Think carefully, then talk to an attorney.
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How can I claim the VAT amount for items purchased in the UK? Do I need to fill out any online forms or formalities to claim?
Easy to follow instructions can be found here Tax on shopping and servicesThe process works like this.Get a VAT 407 form from the retailer - they might ask for proof that you’re eligible, for example your passport.Show the goods, the completed form and your receipts to customs at the point when you leave the EU (this might not be in the UK).Customs will approve your form if everything is in order. You then take the approved form to get paid.The best place to get the form is from a retailer on the airport when leaving.
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Is my real estate agent being honest? He said he has to pay $100 to Zillow each time someone fills out the contact listing agent form on my house. True?
Not to my knowledge. In my area, the way Zillow works is it pulls listings from the MLS (multiple listing service) unless I check a box that says the seller prohibits this. So it’s no more work for me to list your property on Zillow than in the MLS. Zillow sells real estate agents “leads” (queries about specific properties) or (in a new program) takes a % of the brokerage fee after a property has closed. Contacting agents online is free to both parties.
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Where do residential real estate companies get their forms from (i.e., offer to purchase, addendum, counters, etc.)? How often are they updated?
Most states have standardized forms to simplify this for all parties to a residential transaction. Keep in mind that commercial transactions are a lot more cavalier. As it is assumed that someone purchasing commercial property is somewhat savvy, the government does not aim to regulate and “protect” these individuals as heavily. Florida has the Florida Real Estate Commission (FREC), which governs real estate brokerage activity and provides guidance on best practices. Most states have something comparable that puts together these forms you reference.
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How do you go about purchasing a four unit real estate property to rent out in a different state? Is this a bad or a good idea?
Whether or not buying an investment property in a different state is a good idea is going to be up to you. If you are going to do so you will need a good property manager and this will add an expense layer that may or may not be necessary should you buy locally.In any case when looking for an investment property you need access to the MLS. For properties such as single family homes, duplexes, triplexes, and fourplexes the residential MLS should work. The national search networks can give you some information and an over view but the local MLS will be much more accurate and up to date. For this you will need an real estate agent in the local area. I would suggest using an agent who is also a Realtor and find one who is familiar with residential investment property. They will know how to look beyond the listing and give you a fairly accurate idea of projected income and expenses, neighborhood demographics etc. They will essentially be your eyes and ears.Logistically, should you find a property you wish to buy it will work much the same as any other sale. An offer is made and price and terms and disclosures are made. Inspections are done and financing is completed and a closing attorney or escrow or title officer prepares papers and the transaction is closed.I would suggest setting up an LLC in the state the property is located.Free advice so I know it’s worth the price. Even with my years of experience I would hesitate getting involved with a long distance transaction unless it was in a city I could drive to in one day. I live in Atlanta so there are places in So. Carolina, Tennessee and Alabama or even the Florida panhandle I would consider, but the deal would have to be awesome. I prefer to stick close to home.
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If you work for yourself doing government contracts and American Express asks for you to show them a current pay stub, how would you provide that? Is there a form that has an earnings statement that you can fill out yourself?
It seems to me you should just ask American Express if they have form you can fill out. It seems odd they would want to see an earnings statement, but if you need to show some sort of proof of income, typically in the absence of a pay stub, your most recently-filed tax return should suffice.I'd really ask them first before automatically sending them your tax returns though.
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