A Valid Real Estate Contract

Published: 25th May 2011
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Real estate contract is an agreement for purchase/sale, exchange, or other conveyance of real estate between parties.Real estate referred to as leasehold estate is basically a rental of real property such as an apartment, and leases (rental contracts) cover such rentals because they often do not result in recordable deeds. Real estate contracts are usually bilateral contracts – agreed between two parties. A real estate contract to be enforceable must meet the requirements of law and must be in writing

The following seven conditions must form a part of a real estate contract:

1. The contract must be written. A real estate contract will not be a legal contract unless it is written. Even the initial offer will only be considered if it is in writing.

2. The contract must be within the law. Only legal contracts can be enforced

3. The parties entering into the contract must have the capacity to enter into the contract.

4. Each party should receive something of value under the contract.Generally the consideration is the exchange of an agreed upon price for the title to the property.


5. The Seller must relinquish title and fulfill other promises made. The Buyer must pay the purchase price through down payment and financing and perform other actions they agree

6. The Buyer and the Seller must mutually agree on the terms and conditions of the deal. There must be a meeting of the minds – both sides actually agree on the same terms and conditions.

7. One side must propose a series of terms and the other side must agree to those terms.

You can decide the role of a real estate law firm in such as transaction. You can limit the role of the lawyer. In a real estate transaction, the law firm will typically draft and revise the agreement with the realtor, your agreement to purchase and the documents required for the closing. The law firm will scrutinize the different documents to confirm that the vendor can legally transfer the title to you. The lawyer will also check for covenants and liens against the property . Besides preparing the required legal documents, the attorney will register them.


Hire a real estate law firm. You can rest assured that the law firm will protect your interest and also handle any legal issue that may crop during the transaction. Your lawyer will prevent you from entering into any deal that can get you into legal trouble. The attorney will review the legal implications of any decision you make in the course of the deal. The law firm will advice you about the outcome of any lawsuit including the costs.

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