Real Estate Contract Tips from Attorney Paul Garver

How to avoid three common mistakes on the 7.0 contract

Paul Garver, a well-known local real estate attorney and member of the 7.0 Contract Drafting Committee, weighs in on three common mistakes and how to avoid them.

1. Paragraph 3: Fixtures and Personal Property at No Added Value 

The language at line 18 states “Check or Enumerate”.  We often see controversies at closing about the extra refrigerator being taken, then look at line 19 of the contract where it says “Refrigerator” to find that it is checked.  If there are three refrigerators (kitchen, basement and garage) put the number 3 at that spot on line 19. It can avoid a dispute. Also please note that “Water Heater” and “Hardscape” were added at line 28 and these should be checked off on every contract.

2. Not Initialing a Financing Term for Paragraph 7

Many contracts have been coming in without one of the following being initialed:  7 a) Loan Contingency, 7 b) Cash Transaction with No Mortgage, or 7 c) Cash Transaction, Mortgage Allowed. Often the loan contingency specs have been filled in, but the paragraph itself is not initialed. It is an easy solution to initial the appropriate paragraph, but one that is being missed.

3. Home Warranty, Line 35

If a home warranty is included, check the box on line 35 in addition to filling out Optional Paragraph 32 on page eleven. That gives the seller a tidy place to look at to see what is affecting their net sales price.

If you are in need of real estate legal advice, please feel free to email Paul at paul@hglegal.com.

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