Dale M. Maas, Attorney at Law
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Utilizing contingencies in a real estate contract

Transactions involving real estate can quite complicated and there can be a lot on the line for all parties involved. For some, the outcome of the transaction will set their financial stage for the future, perhaps even opening them up to other investment opportunities.

For others, the result of the transaction may mean that they secure the property they need to meet their business or personal needs in an affordable fashion. As simple as that may sound, real estate contracts require nuance lest one party winds up on the losing end of the deal.

Although most people know that they need to negotiate the major terms of a real estate contract, like the purchase price, there are other matters that shouldn't be overlooked. Oftentimes these terms are written into the agreement as contingencies. The terms of financing the transaction, for example, can play a huge role in the success of one of these deals.

If a significant loan is needed to acquire property, then it is usually beneficial to make the purchase of that property contingent upon securing financing at a certain interest rate. This will protect the buying party from stepping into a deal that is far more expensive than they initially imagined.

Contingencies based on inspections can also be a key factor in a real estate contract. Here, the parties can agree to the terms of a contract, but the parties also leave themselves outs in the event that an inspection uncovers the need for significant repairs. Inspections can also give the parties wiggle room to negotiate the other terms of the contract, such as the purchase price.

Real estate contracts can be complex, especially given that contain much more than the mere purchase price. By competently utilizing contingencies, like those mentioned above, the parties to a real estate contract can better ensure that they protect their best interests and only come to an agreement when the terms work for them.

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Dale M. Maas, Attorney at Law
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