STANDARD CONTRACT APPROVED BY BUFFALO NIAGARA ASSOCIATION OF REALTORS® AND BAR ASSOCIATION OF ERIE COUNTY

FREQUENTLY ASKED QUESTIONS-SALE OF RESIDENTIAL REAL PROPERTY

BY
MICHAEL J. LOMBARDO, ESQ.

 

I signed the Contract, but didn’t read it carefully before I signed. After signing, I noticed that some of the terms discussed with me beforeI signed are not reflected in the Contract or are misstated.  Is it too late to make any corrections?
You need to carefully review the Contract and then promptly discuss it with your attorney.  For example, you should carefully review the items include in the sale as set forth in Paragraph 3(D) of the Contract.  If something was supposed to be excluded from the sale but was not, report it to your attorney immediately. You should also check dates, such as the closing date in Paragraph 14.  You should discuss with your attorney any concerns you have about meeting any deadlines provided in your Contract.  There is a limited amount of time after you sign the Contract within which your attorney will have an opportunity to negotiate to have any changes made to the Contract.  If you wait too long, it may be too late to make any corrections or changes.

 

The Contract has a date for closing.  Can I plan on my sale closing on that date?
Generally, the date specified in the Contract for closing is a target date, not a firm date.  We will keep you informed as to how your purchase is progressing and will let you know as early as possible when we expect you will be in a position to close.  If you do certain things, like arranging for your mover to be at the property on the date specified in the Contract as the closing date, before we let you know when you can expect to close, you could be compromising our ability to have title and other issues adequately addressed by the seller and seller’s attorney.

 

Now that I have signed the Contract, is there anything I need to do between now and the time of closing?
Yes.  As a seller, you have the responsibility to be sure that certain documents are delivered to the purchaser or purchaser’s attorney in a timely fashion.  Failure to timely deliver some of these documents may cause you to be in breach of the Contract.  For example, as a seller, you must order and pay for certain inspections and tests and obtain certain certificates/approvals for certain components of the property.  These include such things an inspection of the sump pump system required by some towns/villages, and septic/well inspections required by the Health Department.  You should ask your Attorney to review with you what is needed and when you should order and pay the fees for these items.

 

Now that I have sold my property, do I have any obligation to maintain the property?
Yes.  Although the standard form of Contract does not require that everything be in working order, the seller still has the obligation to maintain the property in substantially the same condition as it existed at the time of the property inspection (or as of the effective date of the Contract if there is no property inspection).  This includes the obligation for ordinary lawn and landscape maintenance and snow removal.  Also, all utilities must remain in service.  Please look at Paragraph 8 of the Contract to review your obligations for the maintenance and upkeep of the property until Closing. 

 

CAUTION:    THIS ARTICLE IS INTENDED TO PRESENT GENERAL INFORMATION AND IS NOT INTENDED TO BE A SUBSTITUTE FOR CONSULTATION WITH LEGAL COUNSEL.

 


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Last Update: March 27, 2011