What is the purpose of the Estate Acceptance form?
The Estate Acceptance form serves as a legally binding agreement between a buyer and a seller for the purchase of real property. This document outlines the terms of the offer, including the purchase price, payment methods, and relevant contingencies related to the sale.
How does the earnest money deposit work?
The earnest money deposit is a sum of money offered by the buyer to demonstrate their serious intent to purchase the property. It is typically a small percentage of the total price and is held by the seller or an escrow agent. This deposit can be applied toward the purchase price at closing but may be forfeited if the buyer fails to follow through with the purchase without a valid reason.
What happens if the buyer fails to complete the purchase?
If the buyer fails to pay the balance of the purchase price or does not complete the purchase for any reason, the seller has options. The seller can either seek specific performance, meaning they can compel the buyer to go through with the purchase, or they can cancel the contract and retain the earnest money deposit as agreed damages.
What assurances does the buyer receive regarding the title of the property?
The seller agrees to provide a Standard Owner's Title Insurance Policy which demonstrates that the title to the property is clear. If there are any defects or issues with the title, the seller has 60 days to fix these problems. If they fail to do so, the buyer can choose to either receive their earnest money back or take the property with the existing defects.
Can a buyer waive their right to claims based on representations made during the sale?
Yes. The buyer explicitly waives any claims for damages based on representations made by the seller, their agents, or anyone else during the sale process, unless those claims are clearly stated in the contract. This means the buyer is taking responsibility to ensure the property meets their expectations through their own inspections.
When does the contract become effective?
The contract becomes binding once it has been signed by both the buyer and the seller. Until both parties have executed the document, there is no obligation on either side to proceed with the transactions outlined in the form.
What are the timing requirements associated with this contract?
Time is considered crucial in this agreement. The earnest money must be deposited within ten days of the seller's acceptance of the contract. Additionally, the closing of escrow must occur by a specific date mentioned in the contract, unless both parties agree to an extension.
How are the various costs like taxes and insurance handled?
Costs such as taxes, insurance, rents, and other assessments will be prorated at the time of closing unless the parties agree otherwise. This means that the seller and buyer will share these costs based on how long each party has ownership during the relevant time period.
What must the seller do after accepting the offer?
Once the seller accepts the offer, they are required to deliver all necessary documents to an escrow agent to finalize the transaction. This may include the deed and other relevant instruments to ensure the terms of the contract are completed properly.