A Good Real Estate Sales Contract

A good sales contract can protect both the seller and buyer from any misunderstandings. The sales contract needs to specify what stays and what are not included.

If the buyer would like to purchase any non-fixture property in the sales price, it should be stated in the purchase offer. Likewise, if the seller is excluding items, they must be mentioned or they will automatically be included in the sale.

Should a dispute arise, normally when a seller removes property that the buyer expected to remain in the house, a court may decide the outcome.

Courts base their decisions in the following ways:

• The method of attachment.
• Agreement of the parties (sales contract)
• Intent of the buyer and seller (if the home is listed with extras, that indicates inclusion)
• Adaptability to the property use (built in components)
• Relationship of the parties (often courts favor the buyer over seller, tenant over landlord and lender over borrower)

Taking care to get a good sales contract in advance of purchase will ensure you are getting what you paid for.