The Elements of a Legally Valid Real Estate Contract
While buying
and selling real property is a major milestone for most individuals, many
parties that engage in real estate transactions are not formally educated on
real estate contracts. This comes as no surprise — a family may only purchase
real estate two or three times over the course of their lives. Sunwest Escrow —
your real estate contract specialists in Albuquerque — believes that all
individuals purchasing or selling a piece of property should have a basic
understanding of the aspects that make a real estate contract legally valid.
We’ve identified the following elements which are necessary for legally valid
real estate contracts.
The 3 Most
Important Elements in a Legally Valid Real
Estate Contract
1.
The property must
be exchanged for money or something else of value.
2.
An offer must be
made by the buyer, the seller must accept the offer, and both parties must
agree to all contingencies.
3. A real estate contract must be written. Most state
laws require all real estate contracts to be written and agreed to formally in
writing.
Other
Important Elements in a Legally Valid Real Estate Contract
At its core,
a real estate contract must be a written document detailing the conditions of a
sale of property that have been agreed upon by the buyer and seller. However,
there are many other elements that also make these contracts legally binding,
including:
●
All parties must
be of legal age. In accordance with state laws, a minor cannot legally enter
into a contract or that contract will become invalid.
●
All parties must
be of sound mind when signing the contract. Individuals who are mentally
incompetent or who are under the influence of alcohol or drugs will invalidate
a contract if they sign it.
●
All information
about the sale must be provided on the document in legal terms that are easily
understood by all parties.
●
All details of
the sale, including purchase price, contingencies and other relevant
information, must be listed on the contract.
●
All agreements
within the contract must adhere to all local, state and federal laws. A
contract which involves any illegal activity is not legally valid.
Sunwest
Escrow in Albuquerque, NM is the most loyal and trusted escrow company
among title companies and real estate brokers. For more information concerning
what makes a real estate contract legally valid, contact the real estate
contract specialists at Sunwest Escrow today!
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