Smart Real Estate Contract Provision Makes Time for Attorney Review
Tuesday, January 6th, 2009Dear InfoTube:
We are selling our home by owner and just received an offer. We think it is a good offer, but my husband and I are afraid to respond, without having our attorney read it first. We don’t want to stall and risk losing the buyer. What should we do? Thank you for your help and your great website!
Dear InfoTube Customer:
First, congratulations on your offer. It sounds as if you have done everything right, including your hesitation to rush a response. While the offer may be perfect for you, it is always wise to consult a lawyer, if you feel the least bit unsure about the terms. Fortunately, there is an easy solution to help you respond, without legally binding yourself. This contingency works when buying or selling a home.
This contract is contingent upon the approval of the seller’s/buyer’s attorney.
Write or type this statement in the “special provisions” section of the contract, then have all parties initial the change. By doing so, you have acknowledged the offer in a serious and timely manner, while reserving your legal rights.
Thank you for your business and kind words. I hope we were of help to you, and please let us know how your sale progresses.
Disclaimer: The author is a licensed real estate broker, not an attorney. The author is not offering legal advise.
