Terms in a Sales Contract

Definition

Terms in a Sales Contract refer to the specific conditions and arrangements outlined in a contract that parties agree to comply with during the sale of a property. These terms govern various aspects of the transaction, including but not limited to, the agreed-upon price, available financing, contingencies based on the property’s condition, prorating of closing costs, and inclusion of personal property items in the sale.

Key Elements of Terms in a Sales Contract

Price: The agreed-upon amount that the buyer will pay the seller for the property.
Financing: Details about the financing arrangements, such as how the buyer will fund the purchase—through a mortgage, savings, or other means.
Contingencies: Conditions that must be met for the sale to proceed, such as inspections, appraisals, or selling the buyer’s current home.
Closing Costs: Agreement on how closing costs will be divided between the buyer and the seller.
Personal Property: Specifics about items of personal property included in the sale, such as appliances or furniture.

Examples

Price Agreement: A sales contract may specify that the property is to be sold for $300,000.
Financing Terms: The contract can outline that the buyer will obtain a mortgage for 80% of the purchase price.
Inspection Contingency: A condition where the contract is contingent upon a satisfactory home inspection report.
Closing Costs Proration: An arrangement where the buyer and seller agree to split the closing costs 50/50.
Included Personal Property: A clause indicating that the kitchen appliances will remain with the property after the sale.

Frequently Asked Questions (FAQs)

Q1: What happens if contingencies in a sales contract are not met? A1: If contingencies are not met, the contract may allow the buyer to withdraw from the purchase without penalty, or the parties may negotiate to amend the contract terms.

Q2: Can the terms of a sales contract be negotiated after signing? A2: Generally, terms cannot be changed after signing unless both parties agree to amend the contract.

Q3: Why are closing costs prorated in sales contracts? A3: Closing costs are prorated to fairly allocate the expenses incurred during the sale process between the buyer and the seller.

Q4: Are personal property items always included in home sales? A4: No, personal property items are included only if specified in the sales contract.

Q5: What are some common contingencies in a real estate sales contract? A5: Common contingencies include financing approval, satisfactory home inspection, and appraisal reaching or exceeding the purchase price.

Contingency: A condition that must be met for the contract to proceed.
Down Payment: The initial upfront payment made when buying a property.
Appraisal: An expert assessment of the property’s value.
Earnest Money: A deposit made by the buyer to demonstrate their commitment to the transaction.
Title Insurance: Insurance protecting against losses due to defects in the property’s title.

Online References

Suggested Books for Further Studies

“Real Estate Law” by Marianne M. Jennings
“Real Estate Principles: A Value Approach” by David C. Ling and Wayne R. Archer
“Practical Real Estate Law” by Daniel F. Hinkel
“Modern Real Estate Practice” by Fillmore W. Galaty, Wellington J. Allaway, and Robert C. Kyle

Fundamentals of Sales Contract Terms: Real Estate Basics Quiz

### What is typically included in the "price" term of a sales contract? - [x] The agreed-upon amount the buyer will pay - [ ] The appraisal value of the property - [ ] The estimate from the real estate agent - [ ] The mortgage interest rate > **Explanation:** The "price" term specifies the exact amount the buyer will pay to the seller for the property. ### What does the "financing" term in a contract refer to? - [ ] The total amount of closing costs - [x] How the buyer plans to fund the purchase - [ ] The timeline for moving in - [ ] The legal representation fees > **Explanation:** The financing term delineates how the buyer will obtain the funds necessary to purchase the property. ### What is a contingency in a sales contract? - [ ] A mandatory down payment amount - [ ] An overage fund for unexpected costs - [x] A condition that must be met for the sale to proceed - [ ] The realtor's commission percentage > **Explanation:** A contingency is a specific condition outlined in the contract that must be met for the transaction to move forward. ### What are closing costs? - [ ] Expenses related to landscaping and renovations - [ ] Sales tax on the property - [x] Expenses incurred during the finalization of the sale - [ ] Monthly mortgage payments > **Explanation:** Closing costs refer to various fees and expenses that need to be paid when finalizing a real estate transaction. ### Which of the following could be considered personal property in a sales contract? - [ ] Structural walls - [ ] The land itself - [x] Kitchen appliances - [ ] Plumbing fixtures > **Explanation:** Personal property items like kitchen appliances can be included in the sales contract if specified. ### Why might a contract include an inspection contingency? - [ ] To verify the property's tax value - [ ] To secure the lowest interest rates - [ ] To ensure the property's condition is satisfactory - [ ] To set a move-in date > **Explanation:** An inspection contingency allows the buyer to confirm that the property is in satisfactory condition before proceeding with the purchase. ### What happens if the agreed upon price in the sales contract is not met due to a low appraisal? - [ ] The buyer automatically loses their deposit. - [x] The parties may renegotiate or withdraw. - [ ] The seller reduces the price accordingly. - [ ] The contract becomes void immediately. > **Explanation:** If an appraisal is lower than the agreed price, both parties must decide whether to renegotiate the terms or withdraw from the contract. ### Can personal property items like furniture legally affect the sale price? - [ ] No, they are separate from the sale. - [x] Yes, if they are specifically included in the terms. - [ ] Only if it is brand new - [ ] Commercial properties only > **Explanation:** If personal property items are included in the terms of the contract, they can legally affect the sale price. ### Which term specifies the amount and allocation of expenses involved in the transaction? - [ ] Financing - [ ] Price - [x] Closing Costs - [ ] Contingency > **Explanation:** Closing costs specify how much each party will incur in the form of expenses during the transaction. ### What document outlines the terms that buyers and sellers must follow during a real estate sale? - [ ] Home inspection report - [ ] Mortgage agreement - [ ] Title deed - [x] Sales Contract > **Explanation:** The sales contract is the document that outlines all terms and conditions agreed upon by the buyer and seller for the sale of the property.

Thank you for exploring the intricate terms associated with sales contracts. We hope these definitions, examples, FAQs, related terms, resources, and study materials enhance your understanding and proficiency in real estate transactions!