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What Is an Agreement of Purchase and Sale in Real Estate?

Thinking or buying or selling a house? Before you dive in, you should consult a real estate lawyer in Scarborough to draft up a real estate agreement such as the Agreement of Purchase and Sale. Of all legal documents and contracts that come with the sale of a property, this agreement outlines the physical and financial aspects of the sale.

Both the buyer and the seller need to understand and acknowledge the details of the document as it is a legally binding contract. A real estate lawyer can help the party they are representing better understand what they are agreeing to.

What Is An Agreement of Purchase and Sale in Real Estate?

A purchase agreement is often referred to as a sale agreement. A purchase and sale agreement outlines the terms and conditions of a property sale in writing. This legal document defines the sale price, any required deposit costs, requests of both parties, and the condition of the property, including the specific location and related measures.

An Agreement of Purchase and Sale contract can be adapted with any changes requested by the buyer and conditions agreed to by the seller of the property. The contract exchanges hands and details until both parties form a final agreement.

How Does an Agreement of Purchase and Sale Work?

As a real estate contract, the Agreement of Purchase and Sale provides a means for title searches/transferability, property inspections, negotiations, financing and/or loan documents, transfer of money details, and all closing and associated costs.

Once all details of the sale are settled and agreed to, both the buyer and seller sign the Agreement of Purchase and Sale with solid intentions of following through. Any disagreement or neglect from either party once this document is signed may result in hefty fines and/or loss of sale.

Who Needs an Agreement of Purchase and Sale?

Basically, anyone who is buying or selling a property should have an Agreement of Purchase and Sale contract drawn. The legal document can help protect both parties involved, regardless of whether it is performed with family, friends, or strangers.

With independent home sales, it is the seller’s responsibility to organize an Agreement of Purchase and Sale contract along with a signing date. As the agreement contract is a legal document, it requires inclusion of all local and national property law terms and conditions.

If a buyer or seller is working with a real estate agent, the responsibility to provide a complete Agreement of Purchase and Sale document is with the agency. All property documentation is drafted and finalized by a realtor’s legal representation.

Key Terms to Be Added in an Agreement of Purchase and Sale

Having a reputable real estate lawyer in Scarborough manage a home sale or purchase provides peace of mind that all necessary documentation has the proper conditions and clauses. An Agreement of Purchase and Sale should have specific terms.

Financial Terms

The financial terms are a key component of the purchase and sale agreement. The conditions behind the securing of finances for the purchase can include clauses of dates, amounts, and circumstances if the monies are not obtained.

Responsibility for Closing Costs

For most homes sales, it is the buyer’s responsibility to pay for any costs associated with the closing of the sale. This can be different in accordance with the location and/or condition placed on the sale within the Agreement of Purchase and Sale. Any minute arrangements between the buyer and seller must be listed in the agreement before the finalization of the document. In some cases, the seller is responsible for particular closing costs such as title insurance and lawyer fees of the buyer.

Home Inspection Contingency

A home inspection contingency is a common request of the buyer with the drafting of an Agreement of Purchase and Sale. This allows the buyer to have the sale details amended or the sale halted with no penalties if a home inspection uncovers property damage that could otherwise see the home need costly repairs. This is why it is recommended for sellers to divulge any flaws or problems with the home before the agreement is drafted.

Specific Fixtures and Appliances

Most home sales are conducted while the seller is still living in the house. A buyer seeing the home may think certain contents such as appliances, fixtures, and/or furnishings are included in the sale. The Agreement of Purchase and Sale can identify any objects or contents that are, or are not, included in the sale agreement. Common items that may be included, but are not limited to, are light fixtures, window treatments, appliances, and furniture.

Closing Date

Before a buyer or seller signs an Agreement of Purchase and Sale, it is crucial that all parties involved agree with a closing date. This is the specific date the last of the legal documents are signed, final monies are exchanged, and the keys are given to the buyer, usually by the buyer’s real estate lawyer.

Subjects or Conditions to Closing

The details of the Agreement of Purchase and Sale should clearly state any conditions of the sale put forth by the buyer and/or the seller of the property. These conditions are legally binding once the agreement is signed. Closing conditions may include conditions by the seller once the purchase price has been met, condition of home inspection, condition of valid warranties, condition of surveys, condition of appraisals, and personal conditions made by the buyer and the seller.  

Contact Zinati Kay for a Real Estate Lawyer in Scarborough

Whether you are a home buyer or seller, hire Zinati Kay – Real Estate Lawyers for your real estate agreement contracts in Scarborough. With decades of combined real estate law experience, our team can help you protect your investment. Call us today at (416) 321-8766.