Types of Real Estate Contracts

Under section 2(h) of the Indian Contract Act of 1872, a “Contract” is defined as “An arrangement enforceable by law.” In other terms, it is a contract that binds two or more parties and establishes legal duties between them. Either an oral or a written contract may be used. However, because they are simpler to enforce, written agreements should be chosen over spoken ones. A legally enforceable agreement for the exchange, purchase, or any other sort of real estate transaction is known as a real estate contract.

Real estate contracts come in a variety of forms, and it is crucial to understand that they are required for all real estate transactions. A legally binding agreement between two or more parties is known as a contract. The offer, acceptance, consideration, legal capacity, and legality of purpose all make up the contract.

Depending on the nature of the transaction, the level of service required, etc., many types of contracts are signed and performed between the parties. The following are the most typical forms of agreements that developers and financiers of real estate and housing complexes enter into with other parties.

Types of Real Estate Contracts:

Purchase Agreement:

The most typical kind of real estate contract is a purchase agreement. The specifics of the property transaction are laid forth in this contract. It will have the property’s address, the asking price, the parties’ names, their respective signatures, and the closing date. There are various types of purchase agreements, including the following:

1. When a real estate agent is engaged, the State/Association Purchase Agreement, which is the usual contract between a buyer and a seller, is used.
2. The general purchase agreement, which is merely a condensed version of the aforementioned contract, is typically utilized when there is no involvement of a real estate agent in the transaction.
3. Property-Specific Purchase Agreement, apply to the purchase of mobile homes or undeveloped land.

Real Estate Assignment Contract:

In a wholesale investment purchase, a real estate assignment contract is utilized. These might include foreclosed properties that are transferred to new buyers after being secured. Since the word “assigns” is frequently used to distinguish this form of contract as an assignment contract, certain terms have been included.

Lease Agreement:

This is a legal agreement that ties the property’s owner and tenant together. As a result, the rightful owner (also known as a landlord) and a tenant (also known as a lessee) come to an arrangement for the renter to live there at a set monthly rate. Payment of utilities and the security deposit are other items that must be covered under this agreement.

Power of Attorney:

While a Power of Attorney is not typically used in a real estate contract, such documents may be utilized if one of the parties is physically unable to sign the contract or suffers from a mental condition. In this situation, the party has the option of appointing a third party to sign documents on their behalf as their power of attorney. This kind of agreement can also be useful if you own many investment properties (rental properties) or if you are caring for an elderly parent or other relative who might not be able to sign the agreement.

General purchase agreement:

When a buyer purchases a property directly from a seller as opposed to a real estate agent, a general purchase agreement is a streamlined form of the State/association purchase agreement.

How Real Estate Contracts Work:

A real estate contract has three essential steps:

1. The buyer’s agent prepares a formal offer document and delivers it to the seller. In this initial offer, the parties involved are briefly described, along with the property’s specifications, the purchase price, the earnest money deposit, the closing charges, and the closing date.
2. The seller now has the option to accept, reject, or counter this initial offer. The counter might include suggested changes or agreed-upon conditions like the purchase price, closing charges, contingency, etc.
3. The agreement is deemed legally binding if it has been accepted and signed by both parties.

The list above is not all-inclusive, and the financiers and developers of housing complexes also enter into a number of other contracts. When a developer needs money, they turn to lenders, investors, buyers, and financiers for assistance. In exchange for payment, these parties provide financial support. Typically, contracts are signed and performed in all business dealings so that all rights and obligations can be spelled out in one place, and so that the agreement can be referred to by the adjudicating body or a court of law in the event of a dispute or disagreement.