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Old 07-29-2012, 03:38 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 18,528,984 times
Reputation: 6356

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Quote:
Originally Posted by Motion View Post
What about the forms offered by US legal forms? They seem to offer forms specific for different states.


Real Estate Contract Forms Real Estate Purchase Agreements
I just looked at the sample of the CA version of their contract. I'm sure it's good enough to complete a real estate transaction, but I found a few things that made no sense to me at all. It was OK, but not very thorough.

As an example, they have a laundry list of things they refer to as "personal property included". Amongst them were wall to wall carpeting, air conditioning and heating systems, the hot water heater and a few others.

In CA all of the above are considered fixtures and therefore no longer personal property which could be separated from the real estate.

Go for it, it will probably be OK.
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Old 07-29-2012, 05:44 PM
 
Location: DFW - Coppell / Las Colinas
29,920 posts, read 34,517,946 times
Reputation: 35917
Quote:
Originally Posted by DMenscha View Post
As an example, they have a laundry list of things they refer to as "personal property included". Amongst them were wall to wall carpeting, air conditioning and heating systems, the hot water heater and a few others.

In CA all of the above are considered fixtures and therefore no longer personal property which could be separated from the real estate.

Go for it, it will probably be OK.
And most lenders do not want to see personal property addressed in real estate contracts today.

Another factor is what the lender and title company will think about using a nonstandard contract.
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Old 07-30-2012, 06:42 AM
 
61 posts, read 124,815 times
Reputation: 82
You're better off hiring an attorney to prepare the contract. You should be able to find one who will only write the contract (if that's all you need) for a reasonable price. Also, depending on your state laws, a RA could do it as well.

Real estate is a major purchase/sale. The couple of bucks you save on the contract could be the most expensive money you ever saved.

As mentioned in almost all the previous posts, there are numerous possibilities that should be addressed in a contract to save problems down the line.
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Old 07-30-2012, 01:24 PM
 
4,919 posts, read 19,120,969 times
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To the OP, the "form" is just one part of the complex transaction. Having the right blank form will help you a whole lot over some generic office supply form. BUT, knowing what to fill in, what to check, what to cross out, how to initial, etc., etc., is even more important than just having the right piece of paper. If you ever get a chance to sit through some civil court cases, you will learn real quick that a word, a comma, or a strike through can make or break a contract. This is not the type of transaction you want to skimp on.
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Old 07-30-2012, 05:25 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,554,091 times
Reputation: 2179
Quote:
Originally Posted by MikeJaquish View Post
Ours are not. One can see samples on the NCAR site, but they are private forms, and the State offers no standard forms....
Ditto in AZ. Sample forms on our AAR site.
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Old 08-02-2012, 09:35 PM
 
Location: SF Bay Area
3 posts, read 2,714 times
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I've never used or seen those forms. The issues I would have with them is if they can stand up in court. The forms we use are CAR (California Association of Realtors) forms which have been court tested. I would consult a lawyer before using them.
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Old 08-04-2012, 10:14 AM
 
6,314 posts, read 8,639,160 times
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I talked to a lawyer about this yesterday and she actually recommended that if I wanted to save some money that I could use those Staple forms. She did point out that they were very general. If I decide to save some money by getting my own paperwork I think I'll go with the forms from US Legal forms instead. They at least have forms specific for each state.
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Old 08-04-2012, 12:38 PM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 12,670,408 times
Reputation: 3809
Quote:
Originally Posted by jghorton View Post
These are the same, state-legal forms used by realtors and lawyers. The trick is knowing what to put in the blanks in order to best protect your own interests.
The real estate forms drafted by the Association of Realtors are copyrighted, so the Staples forms would not be the same.

If not using an agent, then it is probably best to have a real estate attorney provide the forms.

In Arizona, the contract is designed to provide equal protection to buyer and seller. However, as has been mentioned, knowing what language to insert into the terms is crucial.
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Old 08-04-2012, 03:19 PM
 
397 posts, read 491,297 times
Reputation: 210
Quote:
Originally Posted by Motion View Post
I talked to a lawyer about this yesterday and she actually recommended that if I wanted to save some money that I could use those Staple forms. She did point out that they were very general. If I decide to save some money by getting my own paperwork I think I'll go with the forms from US Legal forms instead. They at least have forms specific for each state.
Assuming you are submitting an offer w/out an agent. Why don't you ask the listing agent to email you a PDF of the "standard" contract used in your state/region? I recently put in an offer, without an agent. The listing agent was more than happy to email me a copy. Any agent that refuses to send you a contract is not looking out for their sellers best interest.

Agree with other posts that, all things equal, the "standard" contract is the best option for all parties. If you are coming in unrepresented, you already stand out as an outlier, don't want to look even more unconventional with a different contract.
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Old 08-04-2012, 05:13 PM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 12,670,408 times
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If an unrepresented buyer presented me with a non-standard contract, I would advise my seller to either reject the contract or hire an attorney to interpret it for him before responding.

Realtors take a lot of classes and continuing education on the standard contract. We understand this contract, and we are allowed to write clauses for any contract we are working on. But when one is presented to us from Staples or drawn up by an attorney, I'm not going to risk making a wrong interpretation of a clause and costing my buyer money, and possibly costing me my license. It will be up to the seller to determine if they want to interpret it themselves, against my advice, or hire an attorney for advice.
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