What exactly is a contract? By definition, a contract is an agreement between two or more parties to do, or to refrain from doing, a particular thing in exchange for something valuable. The parties can be individuals, businesses, organizations and government agencies.
They key elements of a successful real estate contract:
1. Offer and acceptance
This implies original signatures with no alterations to
contract. Don't mistake offer and acceptance for counter-offer. When
original offer is marked up and initialed by
party receiving it, then signed, you got a counter-offer and not offer and acceptance. When you come to a final agreement, you should rewrite
contract according to
agreement and this contract must be signed by both parties.
2. Consideration
Usually, money is
form of consideration people use, but sometimes, a promise to perform/pay is also good. .
3. Written contract
All real estate contracts must be in writing. In order to write a good real estate contract, you must keep in mind these things:
You must write
full name of
parties on
contract and thus identify
parties.
You must have
legal description on
contract. Sometimes,
address will do, but it's preferable to have
full legal description. By having this on
contract, you will have
property identified.