Generation
Information About Legal Topics
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.
|