The post Drafting Purchase and sale agreement offer part “2” first appeared on Ahmed Amin Real Estate Broker.
]]>The purchase and sale agreement offer must include three items: the price, conditions with the time limit to wave each one, and the expiry date of the entire offer Known as “Irrevocable date”. The main inclusions of the offer may vary depending on type of property ownership & the style of property it is presented for. The purchase and sale offer for a house consists of different items than offer for condominiums in Toronto, same different inclusions can vary for Toronto new luxury or resale homes. The moment the seller or his agent receives an offer, negotiating closing price will begin. The real estate agents of both parties will negotiate Property price and conditions, not only the price. Every single detail included in the offer will be discussed and negotiated until both sides are content. Once the offer is accepted and before waving conditions, a deposit must be paid. The deposit is in a form of a bank draft to the order of the brokerage trust fund account known as “listing brokerage” which represents the seller. There is always a time limit to wave all conditions.
If any item from the previously agreed inclusions of the offer was not met, the offer will be voided; the entire deposit will be returned without any discounts to the buyer. If all conditions were waved on time, the offer is considered to be legally binding contract. The case when buyer submits unconditional offer or without proper conditions to protect his interest and the offer was accepted, no further revisions are allowed. The property was legally sold.
It is crucial not to add unnecessary conditions while submitting offer of purchase and sale. A well-priced property will receive multiple offers and the seller will chose the less-conditioned offers rather than those with too many conditions. it might worth it, to present unconditional offer when in multiple offers situation to get better chance in competition. This is a very important reason why you should be represented by a real estate agent in Toronto. Your Realtor will handle the correct listing of terms in the offer to secure your side of the deal, ensure the necessary conditions only are included & will represent you during negotiations using the knowledge of similar properties.
The post Drafting Purchase and sale agreement offer part “2” first appeared on Ahmed Amin Real Estate Broker.
]]>The post Drafting Purchase and sale agreement offer part “1” first appeared on Ahmed Amin Real Estate Broker.
]]>As a first time home buyer, most probably you have never seen the purchase and sale agreement forms before. There is nothing to be worry about in that regard. You don’t need to think what or how to write. Your Toronto Real Estate Agent will help you to fill out that offer. There are standard forms approved by OREA (Ontario Real Estate Association). Each Real Estate Agent in Toronto is trained to draft the offer correctly and legally to guarantee that the best interest of his clients is met.
In the standard forms of Purchase and sale, you will find spaces to fill out with information such as: the name of the buyer(s) and their representing Realtor, an offered price and the expiry date of the offer known as “irrevocable date”. You will see a set of general terms and conditions. There will be a space to add any further conditions that you or your Real estate agent believe necessary for protecting your rights. Such conditions may regard subjects with direct relation to the property or buyers themselves.
You also need to be clear about what the price you are offering includes. Houses and condominiums in Toronto are very unique with regard to what can be considered as chattels and fixtures of the property. By the law all fixtures are included in the selling price but chattels are not. If you wish to include any of the chattels in your offer, you have to state that in your offer to avoid later complications.
Fixtures are items fixed in the property and within the area of the property. These can be items inside unit, such as built-in stove or fire place, or those in the surrounding areas, such as tool room or covered shelter in the backyard of a house. Chattels however are portable or personal use items that do not belong to the property, such as furniture.
Changing some or all fixtures, i.e. build-in dishwasher, to different older ones after showing the property to potential buyer is a legal challenge to the seller. This practice used to be common issue with older condominiums downtown Toronto but, thanks to legal restrictions, it has been eliminated.
The post Drafting Purchase and sale agreement offer part “1” first appeared on Ahmed Amin Real Estate Broker.
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