What Is A Purchase Agreement In Real Estate?

Purchase Agreement

This post was last updated on July 12th, 2021 at 08:23 pm

When we buy houses we usually use a Purchase Agreement. You can call it a Sales Agreement or Contract. It all refers to the same thing. A Purchase Agreement is a written agreement between a buyer and seller. It outlines all of the terms and conditions of the transaction. You don’t have to spend money on a fancy document. Any document outlining the important details will do.

Some people try and buy or sell a house on a handshake. This is a very bad idea. If everyone is being honest there is no reason to NOT have a written Agreement. Even if you trust the other person you will still need a written Agreement.

More importantly? Without a written agreement the Title Company won’t do anything. No Title Work means no Closing. That makes a Purchase Agreement very important!

Do You Have To Have A Purchase Agreement To Sell A House?

When you are buying or selling a house you should ALWAYS have a Purchase Agreement.

  • It will allow a Title Company to start Title Work
  • A Purchase Agreement clearly outlines everyone’s responsibilities
  • Real Estate is considered something of substantial value

Title Company’s Need A Purchase Agreement

A Title Company will not start Title Work until a Purchase Agreement has been provided. It let’s the Title Company know that a buyer and seller are working to complete a transaction.

They know that if they start the labor-intensive process of Title Work they are probably going to get paid. It lists when the Closing can happen. This gives the Title Company assurance that they aren’t doing a lot of work for no reason.

The Title company also uses the Purchase Agreement to prepare closing documents. They look at the Purchase Agreement to know all of the details that have been agreed to. This is one of the most important reasons to never do a handshake transaction.

The Title Company needs a written Purchase Agreement to work from. It provides them with information about price. They can also use it to meet deadlines. The Purchase Agreement tells the Title Company who get’s what and who pay’s for what.

A Purchase Agreement Clearly Outlines Everyone’s Responsibilities

A Purchase Agreement outlines everyone’s responsibilities. It should state the buyer, seller, purchase price, earnest money and the address of the house. Closing dates and inspection periods are also common.

By having the details of the transaction outlined it’s less likely disputes will arise. There are people who simply will not honor an agreement. Luckily most people will.

By having a Purchase Agreement you have a document you can reference if any disagreements arises. Be sure and keep a copy for your files. You may need it later if there is a disagreement.

Real Estate Is Considered Something Of Substantial Value

There are a lot of things in life you don’t need a Purchase Agreement for. If you’re trying to buy or sell a house quickly a Purchase Agreement is literally required.

One of the central tenants of Contract Law is that a written agreement should be used on any transaction of substantial value. Written agreements are also required in any transaction that will take more than a year to complete.

Houses are considered to have substantial value. When you are selling a house you are dealing with a legal transaction. Everyone needs to be able to agree on inspection periods, who will pay for different costs and other issues. A written agreement also helps avoid disagreements later on.

The actual value of the house doesn’t matter. Sometimes houses aren’t worth a lot. There are houses that need a lot of repairs. Others are in bad areas. Even if you aren’t dealing with a large amount of money you are still dealing with a piece of Real Property.

Don’t take our word for it. Look what the legal experts have to say about having to have a written agreement when dealing with real estate.

Purchase Agreement’s Are Important When You Want To Sell A House Fast

It’s important to remember that a Purchase Agreement is a legally binding contract. It’s always wise to read it carefully before signing. Be sure that you understand exactly what you are signing. You want to double check that the purchase price, inspection dates and other information is correct.

Purchase Agreements do not have to be complicated. They can be a simple one or two page document. If you sell your house to 181-Close-Now you can rest easy knowing we will go over the Purchase Agreement with you.

Our Closing Options Analysts are trained to review the Purchase Agreement with out clients. We want to be sure everyone’s on the same page. This is one of the reasons out clients love us!

Ready To Sell your House Fast?

If you’re ready to sell your house fast we would like to make you an offer. We make selling a home simple. Just fill out our Sell My House Fast Contact Form or fill out the form below and we will make you an all cash offer. We buy houses as-is with no repairs needed, your privacy is always protected and there is no obligation.

    Name (required)

    Phone Number (required)

    Email (required)

    Address (required)

    City (required)

    Zip Code

    Reason for selling

    Sq. Feet

    Asking price

    Mortgage balance

    Condition

    How did you hear about us?

    Listed with a real estate agent? YesNo

    As Featured On

    181CloseNow We Buy Houses For Cash As-Is Fast
    181CloseNow As Featured On NBC Fox CW ABC News We Buy Houses For Cash As-Is Fast

    When you sell your house to 181-Close-Now you are working with the most experienced home buying team in Oklahoma. We’ve been featured on NBC NewsFoxThe CWABC News and many more! Our team has the experience to make selling your house fast for cash as-is easy and stress free!

    Get In Touch With us

    Even if you aren’t ready to sell your house you can still get in touch. Questions or concerns? Our team is here to help! You can use our Contact Us page, call us at 1(812)567-3669 or email Support@181closenow.com Or just send us a quick message:

      Name (required)

      Phone Number (required)

      Email (required)

      Question or Concern

      What Is An Option Agreement In Real Estate?

      Option Agreement

      This post was last updated on July 12th, 2021 at 08:23 pm

      In real estate an Option Agreement is a type of Purchase Agreement. An Option Agreement gives a potential buyer the right, but not the obligation, to purchase a house.

      The Option Agreement says the buyer can buy a house for a certain amount of time, at a certain price and on certain terms. This is very similar to other Options Agreements such as Stock Options. A key feature of an Option Agreement is that a buyer CAN buy a house. But they don’t HAVE to buy the house.

      What Does An Option Agreement Contain?

      A well written option agreement will contain at the minimum:

      • An expiration date
      • A Purchase Price
      • The Premium paid for the Option
      • Description of the Asset or Property

      Expiration Date Of An Option

      A good Option Agreement should clearly state the date the Option expires. The expiration date of the Option is the date by which the buyer has to notify the seller whether or not they plan to execute, or use, the Option.

      The transaction does not have to be completed by the expiration date. The expiration date is simply the date by which the buyer must notify the seller of their intent to move forward. If the expiration date passes without Execution the option is no good. This is called Option Expiration.

      Using Option Agreements Can Be Dangerous

      I recently saw an Option Agreement that had no expiration date! A friend of mine purchased it. He now has the right to buy a certain house at a certain price anytime he chooses!

      The option has no expiration date. By failing to put an expiration date the seller gave him an option that may never end. This is one very important reason to be sure that an Option Agreement has a clear expiration date!

      Purchase Or Strike Price Of An Option

      When we talk about Options Agreements the proper term for purchase price is the Strike Price. The price which the house can be purchased. It’s the same thing.

      The purchase price, like other aspects of an Option Agreement, are negotiated between the buyer and seller. This is the price that the buyer must pay to be able to buy the house.

      If the buyer is not willing to pay the purchase price then the Option Agreement is not likely to get executed. Setting a Strike Price too high can make it very hard to sell an Option Agreement. Few buyers are willing to buy an Option they know they can’t execute.

      What Is An Option Premium

      When using Options a Premium is the amount that the buyer pays the seller for the rights they are receiving. The seller gets to keep this Premium even if the Option doesn’t get exercised or expires.

      The seller is giving the buyer rights to buy the property at a certain price for a certain amount of time. The Premium is what the seller receives for doing this. There is no set Premium that an Option Agreement must have.

      It can be as little as a few dollars or as much as several million! The Premium, like most aspects of an Option, is negotiated between the buyer and seller.

      What Type Of Property Description Does An Option Contain

      An Option Agreement can contain any type of property description that the buyer and seller are comfortable with. It can be something as simple as the address to a house. Sometimes it can be a complicated legal description for a property. It depends on the type, size and value of the property.

      As long as the description can accurately describe the property (and makes both the buyer and seller feel comfortable) the property description can be written any way you like.

      What Are Option Agreements Used For

      Now we know a little about what a basic Option Agreement contains. Next lets look at what they can be used for.

      Basic Option Agreement Example

      Let’s say Sam has 20 acres of undeveloped land by the highway. Tom thinks that the area by the highway will soon be used for commercial development. Sam will sell the property for $500,000. Tom thinks the property is worth about $200,000.

      Tom and Sam agree to use an Option Agreement. Sam is willing to sell the property to Tom for $500,000 any time in the next 2 years. They agree that Tom will pay Sam a $5,000 premium for the Option. Sam gets to keep the $5,000 premium even if Tom doesn’t end up executing the option.

      About 6 months later the area by the highway starts being developed for commercial use and starts selling for over $100,000 per acre. Tom tells Sam he would like to execute the Option and they move forward with the transaction. Tom would then pay Sam $500,000 for the 20 acres.

      This is a bit of an extreme example but it shows why an Option Agreement can be a good idea in certain situations. If Tom had been wrong and the land had not suddenly gone up in value he could have just let the Option expire in which case he would have only been out the premium he paid.

      What Is The Most Common Real Estate Option

      Options are not uncommon in real estate. We see them most when we look at Lease Options. Lease Options combined a residential lease with a purchase Option Agreement.

      It’s often said that 99% of Options expire and become worthless. While some sources say that the number is much lower they usually only look at Stock Options. Most Options, especially those that are part of a Lease Option, do indeed expire and become worthless.

      Should I Use An Option Agreement To Buy Or Sell A House?

      Option Agreements can be very powerful. They can also be very dangerous. Most people simply don’t understand Option Agreements. You should never use a tool you don’t know how to use.

      I’ve seen a lot of landlords and tenants both have issues with Option Agreements. Landlords want to make more money but end up with legal issues. This is normally because they don’t understand what they are offering their tenants.

      Sometimes it’s the tenant that loses out. I’ve met many tenants who thought they were getting more than they understood. They spend a lot of money for an Option Agreement that was never going to be executable.

      Does 181-Close-Now Use Option Agreements?

      The job of a Closing Options Analyst for 181-Close-Now is to find a closing solution that fits your need. 181-Close-Now prefers to use a Purchase Agreement. But if it helps a client we will consider using an Option Agreement in certain circumstances.

      We have a rule when using an Option Agreement. Our Closing Options Analyst will go over the agreement with you in detail. We make absolutely sure that out clients understand what an Option Agreement is. You’ll know what it is and why it best fits your situation!

      Unlike other companies that buy houses in Oklahoma 181-Close-Now always keeps you informed! See the 181-Close-Now difference for yourself.

      Ready To Sell Your House Fast?

      If you’re ready to sell your house fast we’re here to help. Just fill out our Sell My House Fast Contact Form to or give us a call at 181-Close-Now and we will make you a cash offer.

      We buy houses as-is so you never have to make repairs. Just fill out the form below and one of our Closing Options Analysts will call you to speak about your unique situation. Your privacy is always protected and there is no obligation.

        Name (required)

        Phone Number (required)

        Email (required)

        Address (required)

        City (required)

        Zip Code

        Reason for selling

        Sq. Feet

        Asking price

        Mortgage balance

        Condition

        How did you hear about us?

        Listed with a real estate agent? YesNo

        What Our Clients Have To Say

        181-Close-Now makes selling your house fast and easy. Don’ t take our word for it. Check out our Client Testimonials. Here’s what one of our past clients had to say about their experience selling a house to 181-Close-Now:

        Sell My House Fast Oklahoma City Client Review

        As Featured On

        181CloseNow We Buy Houses For Cash As-Is Fast
        181CloseNow As Featured On NBC Fox CW ABC News We Buy Houses For Cash As-Is Fast

        When you sell your house to 181-Close-Now you are working with the most experienced home buying team in Oklahoma. We’ve been featured on NBC NewsFoxThe CWABC News and many more! Our team has the experience to make selling your house fast for cash as-is easy and stress free!

        Get In Touch

        Even if you aren’t ready to sell your house you can still get in touch. Questions or concerns? Our team is here to help! You can use our Contact Us page, call us at 1(812)567-3669 or email Support@181closenow.com Or just send us a quick message:

          Name (required)

          Phone Number (required)

          Email (required)

          Question or Concern

          Sources:

          Investopedia

          Everything You Need To Know About A Real Estate Abstract of Title

          Abstract of Title

          This post was last updated on July 12th, 2021 at 08:24 pm

          An Abstract of Title is important if you want to sell a house! Often it’s just referred to as an Abstract or a Title Abstract. You may have it if you own an older house. If your house is newer you probably don’t have it.

          What Is An Abstract of Title?

          The Abstract of Title is a collection of all the documents related to a house. Typically they are bound at the top. Usually they have a thicker front and rear cover to protect the documents.

          Inside the Abstract is a copy of all of the deeds, mortgages, liens, releases and court documents related to a specific piece of property. Think of it as a complete set of documents related to ownership of a house.

          What Does An Abstract Do?

          The purpose of an Abstract is to keep all of the documents related to a property in one place. Once a Purchase Agreement has been signed by a buyer and seller the Title Company will have the Abstract updated and certified.

          The Abstract needs to have all of the documents related to the house. When the Abstract is updated any documents that are missing are added. This makes sure that anything that’s happened recently is accounted for.

          Once the Abstract is updated it can be certified. When an Abstract gets certified it is a complete history of the property through that date. Now the Abstract can now be used to complete a Title Exam.

          What Kinds Of Documents Are In An Abstract?

          An Abstract will contain any recorded documents related to a piece of property. The most common documents you will find in an Abstract are:

          • Deeds: The Abstract should contain any Deeds that have been used to transfer ownership of the property. Since Deeds are recorded they are added to the Abstract. This means that there should be a complete set of Deeds showing all of the property’s ownership transfers.
          • Mortgages: Any Mortgages that have ever been taken out against the property. When a Mortgage is created it’s filed and becomes part of the history for that piece of property. Since Mortgages are included in the Abstract it makes it difficult to sell a property without paying off the Mortgage.
          • Releases: A Release is filed when a Mortgage, a Lien or a Judgment is released. The Release will become part of the Abstract. This let’s the Title Attorney know that those items are no longer encumbering the property.
          • Court Documents: There are numerous court documents which may be found in an Abstract. Court Documents related to Probates, Divorce, Quiet Title, Judgments and other court proceedings will be included in an Abstract. This makes it easy to understand how court proceedings may effect of property.
          • Other Documents: Any document that is related to a piece of property may be included in the Abstract. You will  find Treaties, Surveys and other historical documents. This helps make sure that the Abstract contains a complete history of the property.

          What Happens After An Abstract Is Updated?

          After being updated the Abstract then goes to a Title Attorney. Now The Title Attorney knows that the Abstract has each and every document related to the property.

          Now the Title Attorney can go through the Abstract and make sure everything was done correctly. One document at a time. They check to be sure each transfer was correctly executed. Each lien properly released. This is called a Title Exam. The Abstract provides all of the documents needed for the Title Exam.

          This is why an Abstract is one of the most important parts of selling a house. Without an Abstract of Title it would be impossible for a Title Attorney to perform a Title Exam.

          Without a Title Exam it would be difficult to determine who owns a property. It would also be hard to find out if a house has title issues. Abstracts are what make buying and selling houses fast and safe.

          Next time you buy or sell a house be sure and ask your Title Company if you can see your Abstract. It’s worth taking a few minutes to look through. You’ll really appreciate all the hard work the Title Attorneys do afterward!

          Want To Sell Your House Fast?

          If you want to sell your house fast the Abstract will play an important role. We buy houses in Oklahoma and we are usually able to close quickly. Our team works closely with the Title Company to be sure your file is put at the front of the line. We pay cash so there are never any inspections and you never need to make repairs.

          If you’re considering selling your house we’d like to make you a cash offer. You can give us a call at 181-Close-Now or you can simply fill out the form below. Your privacy is always protected and there is no obligation.

            Name (required)

            Phone Number (required)

            Email (required)

            Address (required)

            City (required)

            Zip Code

            Reason for selling

            Sq. Feet

            Asking price

            Mortgage balance

            Condition

            How did you hear about us?

            Listed with a real estate agent? YesNo

            As Featured On

            181CloseNow We Buy Houses For Cash As-Is Fast
            181CloseNow As Featured On NBC Fox CW ABC News We Buy Houses For Cash As-Is Fast

            When you sell your house to 181-Close-Now you are working with the most experienced home buying team in Oklahoma. We’ve been featured on NBC NewsFoxThe CWABC News and many more! Our team has the experience to make selling your house fast for cash as-is easy and stress free!

            Get In Touch

            Even if you aren’t ready to sell your house you can still get in touch. Questions or concerns? Our team is here to help! You can use our Contact Us page, call us at 1(812)567-3669 or email Support@181closenow.com Or just send us a quick message:

              Name (required)

              Phone Number (required)

              Email (required)

              Question or Concern