A real estate transaction involves well-defined steps, and each part of the process is accompanied by specific documents. Both buyers and sellers may find the amount of paperwork overwhelming. However, it is necessary to put everything in writing and provide supporting documentation to ensure every phase goes smoothly.
Many people are involved in real estate transactions. In addition to agents and brokers, inspectors and appraisers, mortgage lenders, title companies, and lawyers are involved in the process. These professionals will either supply or request different types of paperwork. However, the most important documents in real estate are offers, agreements, and contracts between the buyer and seller.
Here is a look at the three most important documents you will encounter when buying or selling a property in Hollywood, Florida.
The Initial Offer
When you are interested in purchasing a property, your first interaction with the buyer is the initial offer (or offer letter). This paper will include the amount you are willing to pay for the property, but it will also have other important information.
If you are a buyer working with a real estate agent, they will handle most of the paperwork, but you will have to approve the details and sign the document. Here is a look at the information in an initial offer.
You should include the seller's name and the legal address of the property.- You will also need to include your legal name and the names of anyone else purchasing the property should the sale go through. This could be a spouse, partner, or other investors.
- You also need to mention the purchase price and information about the down payment amount.
- Are there any actions you need the seller to take before the sale? For example, you could list repairs or maintenance you expect.
- The document will also list the date you would like to close on the property.
- You will also mention a preferred timeline for a response to your offer.
State laws differ, so there may be other requirements. A lawyer or real estate agent in [CITY, COUNTY, STATE] can ensure you include these details in your initial offer.
Typically, you make the initial offer after being pre-approved for a mortgage. Most sellers require that you have funding in place before they accept the offer, though some may accept a contingency that requires mortgage approval before the sale goes through.
The seller can accept or decline the offer, or they can draft a counteroffer. The document can include a different price for the property and changes to other details, such as the closing date or contingencies.
The buyer and seller can choose to continue counteroffers until they reach an agreement on all the details.
Purchase Agreement
Once both parties accept an offer, it is time to draft a purchase agreement. This document is essential because it spells out all the details of the property and other important information about the sale.
The purchase agreement is a legal document that becomes enforceable once it is signed by both buyer and seller. Therefore, it is essential to make certain all the details are correct. You can enlist the help of a lawyer to ensure the document includes everything necessary to protect your rights during the sale.
Here is the information you can expect in a purchase agreement.
- The agreement must have a detailed description of the property, including location, dimensions, and condition.
- You should also include a date for the closing and all fees associated with the closing.
- You will also mention the selling price and information about a down payment.
- The purchase agreement should also provide a detailed description of any contingencies that both buyer and seller agreed to during negotiations. Common contingencies include having the home pass a final inspection or appraisal, the buyer getting final approval for a mortgage, or specific repairs getting completed.
- The seller needs to make disclosures on the purchase agreement. These are any known problems on the property. These issues could include past flooding or storm damage, septic tanks or wells on the property, or other issues like mold, radon gas, or lead paint.
Once the buyer and seller sign the document, it is legal and enforceable, and the sale is set to go ahead as long as contingencies are met.
The Deed
All other real estate documents lead up to the transfer of the deed. The party holding the deed is the legal owner of the property. The deed includes the name of the buyer and seller and a detailed description of the property.
Most importantly, the deed must contain proper legal language that conveys the transfer of property. A lawyer or title company typically handles this aspect of the deed to ensure it is legal.
Finally, the seller (known as the grantor in legal terms) must sign the document and deliver it to the buyer. However, if a property has more than one owner, the other owners must sign, too.
Technically, the transfer of property isn't officially complete until the buyer (known as the grantee in legal terms) accepts it. In most cases, this is merely a formality, but there could be some instances where the buyer rejects the deed.
Other Supporting Documents
These are the three most important documents needed for a real estate transaction. However, other paperwork is also necessary. Sellers need documents about the condition of the home, including inspection, maintenance, and insurance records, while buyers will need the financial records necessary to obtain a mortgage. These can include tax returns, bank and investment statements, and pay stubs.
The transaction process will include inspection and appraisal reports that provide information about problems and the property's value.
Do You Need a Real Estate Lawyer?
A real estate lawyer in Hollywood, Florida can help you with the legal details of buying or selling a home. This is the largest purchase and most important investment most people will ever make, so it is essential to get all the details right to avoid any issues later. Contact our legal firm if you need help buying or selling your property.
