General Real Estate Negotiation and Contract For Sale
Being familiar with the Tampa Bay Real Estate Market Conditions and
knowing your personal motivation to sell will guide you in the negotiations.
Get a standard Tampa Bay Real Estate purchase contract and make sure that you are
completely familiar with it and how to fill it out. Reviewing it with a real estate
attorney is highly suggested.
Generally, the buyer will present you with an offer for you to consider. In most states,
only written contracts for the purchase of real estate are enforceable, so make sure it is
in writing, not merely verbal.
The buyer may not have the proper forms, so always make sure to have several contracts
ready to go.
Starting negotiations face to face with the buyer with both of you staring at a blank page
can be a bit awkward, but just keep your objectives in mind and forge ahead. Politely but
firmly take control of the situation.
This is where things can get a little sticky, and you will need to have done your
homework. Having a contract that is not worded properly can put you into a real hornet's
nest.
Make sure to spell out every little detail in the contract. A misunderstanding (honest or
otherwise), could end up costing you thousands of dollars or even tying your home up for
months.
When you are presented with an offer from a buyer, you have three basic options:
1) Accept the offer
2) Reject the offer
3) Make a counter offer
Here is some items that you should consider when structuring an offer or deciding how to
respond to an offer that is presented to you.
PRICE
DOWN PAYMENT
EARNEST MONEY DEPOSIT (MINIMUM 2% OF SALES PRICE)
IS THE BUYER PRE-APPROVED
IS THE INTEREST RATE THEY WANT AVAILABLE
CLOSING/POSSESSION DATES
PRORATIONS
LOAN DISCOUNT POINTS - WHO PAYS
CLOSING COSTS - WHO PAYS WHAT
APPRAISAL - WHO PAYS
HOME PROTECTION PLAN - WHO PAYS
INSPECTIONS - WHAT TYPE AND WHO PAYS
ITEMS INCLUDED (WASHER/DRYER, REFRIGERATOR, ETC.)
TITLE/ESCROW COMPANY/ATTORNEY
CONTINGENCIES - WHAT AND HOW LONG
Contingencies may seem like a minor issue, but they can be a major stumbling block. A
contingency means that something else must happen in order for the deal to go through.
A purchase may be contingent on the buyer getting approved for financing, selling the home
that they already own, getting a favorable inspection report, or any number of other
things.
Make the contingencies as specific as possible, and spell out exactly what will happen if
the contingency is or isn't met. Also try to make them self-canceling. For example:
"If buyer does not object in writing within 14 days from acceptance of this offer,
contingency shall be considered removed".
Spending some extra time to make sure that the contract is "clean" can save you
enormous headaches down the road!
Once you have a contract mutually agreed upon and signed by all parties, take it with the
buyers earnest deposit to an escrow company or real estate attorney
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Realtor®
"The MaxTeam" at
Charles Rutenberg Realty
The Largest Tampa Bay Real Estate Office
Free Consultation Phone(727) 399-1347 E-Mail Max Here
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