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Business Basics: Purchase Contracts

Published on Nov 20, 2015

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PRESENTATION OUTLINE

BUSINESS BASICS: PURCHASE CONTRACTS

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Basic Purchase Agreement Packet

Agency disclosure
Purchase agreement (with all counters and addenda)
Residential Property Disclosure
Lead paint disclosure (if applicable)
Earnest money check (if applicable)
Other addenda (bank, relocation, for example)
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Get it in writing!

Anything agreed to by buyer or seller needs to be in writing to be enforceable!
Verbal negotiations are permissible, but if the terms are not reduced to writing and signed by the parties, they cannot be enforced.
Use the contract templates provided to you for your contracts.
Be careful not to practice law!
When in doubt, ask.
Never tell a client that they don't need an attorney.

Getting ready

Assemble:
Buyer CMA
Information gathered from listing agent (call)
Printout of full MLS listing
Information about the buyer's financing (if applicable)

Prepare:
Paperwork in rDocs

Writing a Strong Offer

What is a strong offer?
Full price (or close to, or even over full price, depending on the market)
Cash offer
Pre-approved loan
High earnest money (pros and cons)
High down payment (if disclosed in the contract)
Closing dates desired by the seller
No personal property requested

Buyer Market Analysis

Check recent solds, in contract properties, average sales price, etc.
What is the list-to-sale ratio?
How does your buyer's offer compare to recent sales prices for comparable properties?
What kind of market is it? (Buyer's, seller's?)

Use resources such as Trendgraphix to help you buyer determine their offering price.
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Handling the low ball offer

Explain the concept of market value
Use market stats to demonstrate the supply and demand of homes in the area.
Show evidence of value with a buyer CMA
Explain the possible outcomes (seller may not negotiate)
Prepare buyer for counter offers or a multiple offer situation

Time frames

Loan application
Loan commitment
Closing
Possession
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Inspections

General home inspection
Pest, well flow rate, water portability, septic
Radon
Lead-based paint
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Keep in mind

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Presenting

How do you deliver the contract and disclosure to the seller? To the listing agent via
Fax
E-mail
In person

Add a cover sheet

Multiple Offers

Remember whom you represent!
You may or may not be notified, so buyer should submit highest and best if there are indicators that there could be multiple offers.
Do everything to make the offer acceptable to the seller
Consider using an escalation clause
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What's most important?

Do they need time?
Is it important that the buyer get the refrigerator?
Is price important? Or dates?
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Win-win Negotiating

Don't talk or act in terms of "winners" and "losers when involved in negotiations.

Remember, this should result in a "meeting of the minds"

Strive to find common ground between buys and sellers

Don't assume you know what someone will agree to--ask!

In contract!

Everyone has signed on the same page!
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Reminders

Keep track of the dates in the contract. Figure out a method of reminding yourself when deadlines are:

Inspections
Loan approval
Loan commitment
Attorney review
Walk-through
Request to remedy timeframe
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Paperwork

Submit all contract paperwork to your office admin.

Comply with all requests for updated or signed documents.

Use rDocs to prepare forms, get docs signed electronically, and submit files for review (coming soon).

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"The will to succeed is important, but what's more important is the will to prepare."
Bobby Knight