For many California residents, the purchase of a home is the single largest purchase they will make. Given the serious financial implications of purchasing a home (or other real property), it is important to review all contract documents to ensure your rights are protected.
Rest assured, Ghassemian Law Group, APC has been serving California real estate purchasers for years and can provide you with the peace of mind you need to enter into a contractual agreement you understand and feel confident in.
Below are the “Top 10” questions that should be addressed prior to entering into a Real Estate contract:
| Questions | Answers |
| Who are the parties involved in the Contract? | Be sure that all parties are clearly and accurately identified in the Contract so your rights and fully protected and you know the individual or entity you are purchasing from. |
| Is the property description detailed enough to identify the property accurately? | Be sure that you verify that the property description and confirm that the description is accurate enough to identify the property should any disputes arise in the future. |
| What is the agreed purchase price in the Contract? | You should confirm the purchase price that is explicitly stated in the Contract. |
| If you can conduct a final walk-through before closing? | Be sure that you are reviewing your rights to a final walk-through of the property, and that you are negotiating for such a right. This is to verify that the property is in the agreed upon condition, and any repairs that were needed have been completed. |
| What items are included in the sale? | Be sure that you are reviewing the specific list of any additional items beyond the real property that have been agreed to be included in the sale. This is so you can clarify what items are included in the sale such as: furniture, appliances, light fixtures, and other items associated with the property. |
| What are the terms of the payment? | You should always clarify the time and manner of the payment, including any deposit requirements and financing terms. If the terms seems ambiguous, be sure that you are consulting a professional so that you can understand your rights and obligations in the future. Beware of terms such as “variable rates” which may unknowingly expose you to higher payments in the future. |
| What contingencies are included in the contract? | It is important to identify any conditions that must be met for the contract to proceed, such as inspections, financing, approval, or appraisal results. |
| What are the closing costs, and who pays them? | Get a breakdown of the estimated closing costs and confirm who is responsible for paying each, whether it be the buyer or the seller. Consider enlisting a professional to review these terms to ensure that you are not unknowingly paying for costs that you are not contractually responsible for. |
| Has the property had any past or pending legal issues? | Be sure that you are paying close attention and researching any “clouds” to the title or encumbrances on the property prior to closing the sale. This due diligence includes making sure that there are no unresolved legal problems that could become your responsibility after closing. These encumbrances can take many forms and may commonly include: permitting or zoning issues, existing liens, and/or existing property line disputes. |
| Are there any additional costs connected to the transaction? | Be sure that you are reviewing the language in the Contract to determine if you are responsible for any additional costs with the finalizing of the transaction, or if the other party must pay for additional fees. This may include frequent additional costs, such as closing costs, taxes, and fees. |
Purchasing a home, or any real property, is a complex and nuanced process. Avoid risking the financial future of you and your family by consulting a legal professional, such as Ghassemian Law Group, APC to review, negotiate, and conduct the transaction on your behalf. Contact us today!
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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