Purchase offers are generally completed using a standardized purchase agreement form that sets out the details of your offer. That document is not legally binding on either you or the seller of the property until it has been signed by both parties the buyers and sellers. When completing a purchase agreement form, you should consider the following issues.
Some of the contingencies that you may want to consider include:
1. Will you need to sell your current home, if you have one, before completing the purchase of the new home?
2. Do you need to secure the financing before you purchase?
3. Do you want the purchase to be contingent on inspections? For example, depending on whether the house does not pass the general home inspection.
What is Included?
For example, the home and land, of course, but what about furnishings. Do you want the appliances or any of the furniture, window coverings, lawn mower, or other personal property to be included in the purchase. All of those items should be listed in the purchase offer to avoid misunderstandings.
Who Pays for What?
You should include what costs that you would prefer the seller pay and what costs you will pay in the agreement. For example, title or title insurance, surveys that may be required by your lender or as a result of boundary line disputes, home and special inspections such as environmental or pests that may be required by the municipality or the state, repairs in the event problems are found through the inspections, loan closing costs, and who will pay the real estate agent commission. Your real estate agent will make you aware of any other costs that should be addressed in the purchase offer.
Information you Should Obtain
You should find out whether there are any restrictions on what the property can be used for, and whether there are any boundary line or other disputes. Depending on the state that the property is located in, the seller may be required to complete a disclosure form that lets you know if there are any defects or legal problems with the property that you should be aware of. For example, foundation problems, roof leaks, structural damage and whether any remodeling or major structural work was completed according to municipal code standards. The federal government requires sellers disclose whether there is lead based paint in the home if it was built prior to 1978.
Because a purchase offer becomes a legally binding contract once all parties have signed, it is important that you include your preferences before submitting it to the seller. Once you have submitted the offer, the seller has the option of accepting it as is, making a counter offer, or rejecting the offer altogether. If it is accepted, you can then move forward with the requirements noted in the contract, such as obtaining financing and having any inspections completed. If any of the contingencies fail that were noted in the offer, you have the option of going forward with the purchase of the home or voiding the contract.
Before making an offer on a home, it would be in your best interest to hire a professional LGBT real estate agent. He or she will know what should be included in the purchase offer and will be in a position to give you and your partner advice. You can find an agent by conducting a search in your location at GayRealEstate.com. It is important that you find a reputable agent that you are comfortable working with. Those listed on GayRealEstate.com are professionals in good standing in their areas of expertise.