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Topic 135: A Contract Can Protect A Homebuyer
(revised 10/98)

Buying and selling a house can be as complicated as the largest  commercial  real estate deal . But because the typical homeowner engages in this process only a few times in a lifetime, he  or she  isn't prepared to deal with the complications that can arise.

 In the vast majority of  single-family house purchases, neither side is represented by a lawyer.  Although many home purchases are completed to the satisfaction of both parties, on some occasions,  things go wrong. Consider, for example, what would happen if you bought a house and:

  • When you moved in, that beautiful living room chandelier and mirror you admired so much were missing, or

  • You found out the local neighborhood restrictions required you to chain your pet, prohibited you from building that backyard children's playhouse you promised them and said you couldn't park your motorboat in the driveway, or

  • You found that those new sidewalks you thought so attractive when you signed the contract were going to cost you $500 a year for the next seven years, or

  • You take down the hallway wallpaper to redecorate and find huge water stains indicating serious roof leaks, and the bid for the new roof exceeds $5,000, or

  • You receive a letter from a contractor who threatens to file a mechanic's lien on your property unless you pay the $300 that the previous owner owes the contractor for building a retaining wall in the back yard.

These are just examples of things that can and do happen after the purchase is closed.  

 What if you sign the contract, then are unable to get your loan at the rate you expected?  What if you realize the home is too expensive, or requires too much work after you buy it.  What if you are transferred by your employer prior to purchasing the home? In most cases, under the preprinted contract forms widely in use, you face the possibility of losing your earnest money, incurring other monetary damages, or you may be obligated to buy the house anyway.

Each of these problems has a solution. Appropriate language in your purchase contract could have covered the chandelier and mirror, given you the right to examine the neighborhood restrictions and the right to cancel the deal if they were unacceptable, required the sellers to disclose any pending special sidewalk assessments and warranted the condition of the roof. A title insurance policy having special coverage for mechanic's liens could have taken care of a claim filed by the contractor.

You also could have had a proper financing contingency, which would have given you an "out" if your loan were at a higher rate than you expected, and you could have made your contract contingent upon your remaining married at the closing.

A good real estate lawyer can anticipate and guard against these and similar problems. It is important not only to consult the lawyer, but also to do so at the right time.  Once the contract is signed, it is binding on the seller and the buyer.  Even the so-called "short form" purchase contract used in many residential transactions can bind you to unforeseen terms because these abbreviated contracts may obligate you to terms of the longer form even though it wasn't the one signed.

Consulting a lawyer in advance allows the new homeowner to enter the contract assured that the experience will be a happy one.
 


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