Real estate contract

In South Africa, the Alienation of Land Act specifies that any agreement of sale of immovable property must be in writing.

In Italy, each transfer of real estate must be registered in front of a notary public in writing.

To be enforceable, the offers and acceptances must be in writing (Statute of Frauds, Common Law)and signed by the parties agreeing to the contract.

Most contracts of sale contain contingencies of some kind or another, because few people can afford to enter into a real estate purchase without them.

The conveyance is done by the seller(s) signing a deed for buyer(s) or their attorneys or other agents to record the transfer of ownership.

A real estate contract may specify in what condition of the property should be when conveying the title or transferring possession.

Alternatively there may be a representation or a warranty (guarantee) regarding the condition of the house, building, or some part of it such as affixed appliances, HVAC system, etc.

Utility meters, electrical wiring systems, fuse or circuit breaker boxes, plumbing, furnaces, water heaters, sinks, toilets, bathtubs, and most central air conditioning systems are normally considered to be attached to a house or building and would normally be included with the real property by default.

Riders (or addenda) are special attachments (separate sheets) that become part of the contract in certain situations.

Although money is the most common consideration, it is not a required element to have a valid real estate contract.

The amount, a small fraction of the total price, is listed in the contract, with the remainder of the cost to be paid at the closing.

However, the earnest money deposit represents a credit towards the final sales price, which is usually the main or only consideration.

The better the financial qualification of the buyer(s) is, the more likely the closing will be successfully completed, which is typically the goal of the seller.

Any documentation demonstrating financial qualifications of the buyer(s), such as mortgage loan pre-approval or pre-qualification, may accompany a real estate offer to buy along with an earnest money check.