Homepage Blank South Carolina Real Estate Contract 310 Form
Outline

The South Carolina Real Estate Contract 310 form serves as a comprehensive agreement between buyers and sellers in residential real estate transactions. This legally binding document outlines the essential details, including the identities of the parties involved, the specific property being sold, and the terms of the sale. Key components include the purchase price, methods of payment, and the earnest money deposit that secures the buyer's intent to purchase. The form also addresses conveyance of the property, ensuring that the seller agrees to deliver a marketable title free from encumbrances, along with a general warranty deed if applicable. Additionally, it stipulates the timeline for closing, possession of the property, and the allocation of closing costs between the buyer and seller. Provisions regarding inspections, repairs, and contingencies—such as loan approval and property condition—further protect both parties' interests. With its detailed clauses, the form not only facilitates a smooth transaction but also safeguards the rights and responsibilities of all involved, making it an indispensable tool in the South Carolina real estate market.

Sample - South Carolina Real Estate Contract 310 Form

AGREEMENT/CONTRACT: TO BUY AND SELL REAL ESTATE (RESIDENTIAL)

PARTIES ARE SOLELY RESPONSIBLE FOR OBTAINING LEGAL ADVICE PRIOR TO SIGNING THIS CONTRACT AND DURING THE TRANSACTION. REAL ESTATE LICENSEES RECOMMEND OBTAINING LEGAL COUNSEL.

1.PARTIES: This legally binding Agreement (“Contract”) To Buy and Sell Real Estate is entered into by: Buyer(s),

(“Buyer”), and

Seller(s),

(“Seller”).

(A)“Party” - defined as either Buyer or Seller, “Parties” defined as both Buyer and Seller.

(B)“Brokers” are licensed South Carolina brokers-in-charge, their associated real estate licensees, and their subagents.

(C)“Closing Attorney” - is the licensed South Carolina attorney selected by Buyer to coordinate the transaction and

Closing.

,

(D)“Effective Date” - the final date upon which a Party to the negotiation places the final and required signatures and/or initials and date on this Contract and Delivers Notice to initially cause this primary Contract to be binding on all Parties.

(E)“Good Funds” - is the transfer of the required amount of United States Dollars (USD) within any required timeframe.

(F)“Time” - all time stated shall be South Carolina local time. Time is of the essence with respect to all provisions of this Contract stipulating time, deadline, or performance periods.

BUYER SELLER IS A SOUTH CAROLINA REAL ESTATE LICENSEE

(initials) BUYER(s) acknowledges receipt of the SC Disclosure of Brokerage Relationships form and is receiving Client Customer service in this transaction.

(initials) SELLER(s) acknowledges receipt of the SC Disclosure of Brokerage Relationships form and is receiving Client Customer service in this transaction.

2. PURCHASE PRICE: $

 

 

 

 

 

 

 

Payable by transfer of Good Funds via Finance or a combination of Finance and Cash USD or Cash USD.

 

 

Verification of Cash available for Closing is

attached not attached to be Delivered before

 

 

 

.

This Contract is is not contingent upon the sale and closing of Buyer's real property and SCR504

is

is not

attached.

 

 

 

 

 

3.PROPERTY: Hereby acknowledging sufficient good Contract consideration (e.g. mutual promises herein), Seller will sell and convey and Buyer will buy for the Purchase Price any and all lot or parcel of land, appurtenant interests, improvements, landscape, systems, and fixtures if any thereon and further described below ("Property"). Seller agrees to maintain in operable condition the Property and any personal property conveying in same operable condition, including any landscaping, grounds and any agreed upon repairs or replacements, from the Effective Date through Closing subject to normal operable wear and tear. Buyer acknowledges opportunity to inquire about owners association issues, common area issues, condominium master deed issues, assigned parking/storage areas, memberships, lease issues and financed equipment prior to signing Contract. Leasing issues and items and financed equipment see Adjustments (e.g. tenants, leases, future vacation renters, SC vacation rental act reservations, rents, deposits, documents, solar panels, fuel tanks with fuel, alarm systems, satellite equipment, roll carts).

Address

 

 

 

 

 

 

 

 

 

 

 

 

Unit #

City

 

 

 

 

 

 

 

 

 

 

 

 

State of

South Carolina

 

Zip

 

 

 

 

 

 

County of

 

 

 

 

 

 

 

 

 

 

Lot

 

 

 

 

Block

 

 

Section/Phase

 

 

Subdivision

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

Tax Map

 

 

 

 

 

Parties

agree that no personal property will transfer as part of this sale, except described below and/or

in attachment(s):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Phone:Fax:

4.CONVEYANCE/CLOSING/POSSESSION: “Closing” occurs when Seller conveys Property to Buyer and occurs no

later than 5 PM on or before,(“Closing Date”). Conveyance shall be fee

simple made subject to all easements, reservations, rights of way, restrictive covenants of record (provided they do not make the title unmarketable or adversely affect the use/value of the Property in a material way) and to all government statutes, ordinances, rules, permits, and regulations. Seller agrees to convey marketable title with a properly recorded general warranty deed free of encumbrances and liens except as herein stated; and in name(s):

and ownership type determined by Buyer. The deed shall be delivered to the Closing Attorney's designated place on or before the Closing Date no later than 10 AM. Seller agrees to pay all statutory deed recording fees. Parties agree the Brokers shall have access to the closing and relevant documents; and the Brokers shall be given copies of the settlement statement prior to Closing for review. Parties agree to hire/use licensed Attorney(s). Seller shall convey possession of a vacant and reasonably clean Property, free of debris, along with all keys, codes, any remote controls, available documents (e.g. manuals, equipment warranties, service information) and similar ownership items to Buyer at Closing.

5. EARNEST MONEY: Total $

 

 

(USD) Earnest Money is paid as follows:

$

 

 

 

 

accompanies this offer and $

 

 

 

 

 

will be paid by 6 P.M. on

 

 

 

 

 

 

(date) and Earnest Money is in the form of

 

check

 

cash

other (e.g. wire)

 

 

 

to be a Credit to Buyer at Closing or disbursed only as

 

Parties agree in writing or by court

order or

by Contract or

as required for Closing

by Closing Attorney.

Buyer

and

seller authorize

 

 

 

 

 

 

 

as Escrow Agent to deposit and hold and disburse earnest

money according to the terms of any separate escrow agreement, the law, and any regulations. Broker does not guarantee payment of a check or checks accepted as earnest money. Parties direct escrow agent to communicate reasonable information confirming receipt and status of earnest money upon a Broker request. If Earnest Money is not delivered by the agreed upon date above Seller may terminate the contract by delivering Notice of Termination to the Buyer.

THE PARTIES UNDERSTAND AND AGREE THAT UNDER ALL CIRCUMSTANCES INCLUDING DEFAULT, ESCROW AGENT WILL NOT DISBURSE EARNEST MONEY DEPOSIT TO EITHER PARTY UNTIL BOTH PARTIES HAVE EXECUTED AN AGREEMENT AUTHORIZING THE DISBURSEMENT (e.g. SCR518, SCR517, MEDIATION AGREEMENT) OR UNTIL A COURT OF COMPETENT JURISDICTION HAS DIRECTED A DISBURSEMENT. EARNEST MONEY WILL NOT BE DISBURSED UNTIL DETERMINED TO BE GOOD FUNDS. IF LEGAL ACTIONS OCCUR RELATED TO EARNEST MONEY, PARTY RECEIVING THE LEAST AMOUNT OF EARNEST MONEY IN THE COURT'S DISBURSEMENT ORDER AGREES TO INDEMNIFY ESCROW AGENT'S FEES, COURT COSTS AND ATTORNEY

FEES. IF INTERPLEADER IS TO BE UTILIZED, PARTIES AGREE THAT $SHALL BE PAID TO THE ESCROW AGENT BY THE PARTIES AS COMPENSATION BEFORE ESCROW AGENT INITIATES COURT OF COMPETENT JURISDICTION PROCEEDINGS ON EARNEST MONEY.

6.TRANSACTION COSTS: Buyer's transaction costs include all costs and closing costs resulting from selected financing, pre-paid recurring items, insurance (including but not limited to mortgage insurance, title insurance lender/owner, flood, insurance, and hazard insurance) discount points, interest, non-recurring closing costs, title exam, FHA/VA allowable costs, fees and expenses of Buyer's attorney, contractually required real estate broker compensation, and the cost of any inspector, appraiser, or surveyor. Seller's transaction costs include deed preparation, deed recording costs, deed stamps/tax/recording costs calculated based on the value of the Property, all costs necessary to deliver marketable title and payoffs, satisfactions of mortgages/liens and recording, property taxes prorated at Closing, contractually required real estate broker compensation, and fees and expenses of Seller's attorney.

All costs to obtain information from or pertaining to owners' association, private/public transfer fees, and any costs similar to transfer fees (e.g. certificate of assessment, capital contributions, working capital, estoppel fees or otherwise named but similar fees) are the Seller's or Buyer's transaction costs. If no box is checked these costs will be added to Seller's transaction costs.

At Closing, Seller will pay Buyer's transaction costs not to exceed $, which includes non-

allowable costs first and then allowable costs (FHA/VA). Buyer is responsible for any Buyer's transaction costs exceeding this amount. If the amount exceeds the actual amount of those costs or amount allowed by Lender, then any excess funds will revert to Seller. Seller will also provide or pay for all of Seller's transaction costs. If no Closing, Buyer is responsible for Buyer's transaction costs and Seller responsible for Seller's transaction costs.

Unless otherwise agreed upon in writing, Buyer will pay Buyer's transaction costs and Seller pay Seller's transaction costs.

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7. FINANCE: Buyer's obligation under this Contract

is is not contingent upon obtaining financing of a

30 year or

15 year or

other

 

purchase money loan at reasonable prevailing market terms with loan(s) equal

in amounts to a maximum

% of the Purchase Price or Appraised Value whichever is lower. ("Financing

Contingency"). Financing Contingency expires at Closing ("Financing Period"). Buyer must make timely good faith efforts to apply for and obtain financing while refraining from contrary actions ("Financing Effort"). In a timely manner, Buyer shall inform Seller and Brokers of pertinent financing issues and authorize Buyer's Lender to disclose pertinent loan information

to Seller and Brokers ("Financing Disclosure"). Buyer shall apply for financing by(date) and

shall Deliver Notice to Seller of reasonable pre-final loan approval (e.g. pre-approval letter, initial approval letter) that

contains no unreasonable credit, income, or asset conditions by(date) (no repairs required

prior to this Notice). Final loan approval occurs when Lender funds loan(s). If the Buyer changes their Lender during the

Financing Period they must notify the seller in writing within calendar days. Absent written approval by the Seller,

Buyer cannot change lender if the closing date agreed upon in Paragraph 4 will change as a direct result. If a Lender subsequently declines or fails to approve financing, the Buyer shall notify the Seller and Brokers as soon as possible. If the Seller and Brokers are notified of inability to obtain financing during the Financing Period, either Party may terminate

this Contract by Notice.

 

 

 

 

 

 

Lender (may change):

 

 

 

 

 

FHA VA Conventional Seller

Other

 

. An FHA VA Financing Addendum

 

is

 

 

is not attached. Additional financing terms

are

are not attached.

 

 

 

 

 

 

8. REPAIRS:

CHECK ONLY ONE OF THE FOLLOWING OPTIONS. IF NO BOXES ARE CHECKED THIS CONTRACT WILL BE AN AS-IS CONTRACT IN REGARDS TO REPAIRS. IF MULTIPLE BOXES ARE CHECKED THEN THE FIRST PARAGRAPH WITH A CHECKED BOX WILL DETERMINE REPAIRS.

REPAIR PROCEDURE:

All Repair Procedure Inspections and Requests shall be completed and delivered to the Seller by 6 P.M. on (date). Any and all requests necessary to place the heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems to be conveyed in operative

condition, to make the roof free of leaks, to address environmental concerns and to make the improvements structurally sound (Repair Requests) should be delivered by the deadline above. If the Buyer fails to notify the Seller within this timeframe, Buyer shall have waived any and all rights under terms of this section. If Lender's commitment requires any additional inspections or certifications, these are to be provided by the Buyer. Buyer at Buyer's expense shall have the privilege and responsibility of inspecting the structure, square footage, environmental concerns including but not limited to mold, radon gas, lead based hazards including lead based paints, wetlands study, appurtenant buildings, heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems, as well as, appurtenant equipment or appliances. Upon Seller's request the Buyer will provide with a copy of the Inspection Report.

No later than 6 P.M. on(date), Seller shall Deliver Notice agreeing or

not agreeing to make repairs in the Buyer's Repair Requests. The costs of all repairs to heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems making these systems operable, make roof free of leaks, address environmental concerns, and to make the improvements structurally sound to be paid by Seller ("Seller Paid Repairs"). Seller Paid Requests DO NOT include the following items: home maintenance, flooring, fogged windows, grandfathered code issues, landscaping, preventive maintenance, cosmetic changes, home improvement, and energy efficiency. If the Seller contractually agrees to make all the requested Seller Paid Repairs, the Parties agree to proceed under the amended Contract. The repairs to any other items are the sole responsibility of the Buyer.

If the Seller does not timely respond per above or does not agree to make all the Seller Paid Repairs, the Buyer shall within 2 Calendar Days choose any one of the following options (1) accept the Property in its present condition, (2) negotiate a new/amended Contract with the Seller for the payment of these repairs/price or (3) terminate this Contract by Delivered Notice. IF BUYER FAILS TO ACCEPT, RENEGOTIATE A NEW/AMENDED CONTRACT WITH SELLER, OR TERMINATE CONTRACT BY DELIVERED NOTICE WITHIN 2 CALENDAR DAYS: The Buyer agrees to buy and Seller agrees to sell the Property AS IS. Parties agree "As Is" means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear otherwise without repair or replacement and sells the Property for the Purchase Price unless otherwise agreed upon in writing by the Parties in this Contract. The obligations of the Seller for repairs terminate upon Closing.

DUE DILIGENCE:

The DUE DILIGENCE PERIOD begins upon the Effective Date and shall expire at 6 P.M. on (date). Any extension to this date must be made in writing and agreed to by both Parties.

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During the Due Diligence Period, Buyer may take timely/prudent steps to help Buyer/Inspectors, Seller/Estimators, and REALTORS® all have adequate time for: Buyer to coordinate Inspections and Repair Requests, Seller to obtain Repair estimates, Buyer and Seller to negotiate Repairs, and Buyer to potentially timely/properly Due Diligence terminate or buy.

During the Due Diligence Period, Seller agrees Buyer may rely on the following list of five items in accordance with Contract and laws. Buyer is solely responsible for Inspections. Buyer is not required to Inspect. Until Buyer timely/properly terminates the Contract or the Parties agree on an amended Contract, the Buyer can rely on #1, #2, #3, #4, and #5. TIME IS OF THE ESSENCE. Delivering a Repair Request does not extend the Due Diligence Period.

(1)Conduct/obtain Inspections [e.g. on site conditions, off site conditions]

(2)Deliver Repairs Requests Notice to Seller [e.g. SCR525 with all repair requests, all/portions of reports]

(3)Proceed under amended Contract [e.g. SCR310 and SCR525, SCR390, SCR391]

(4)Proceed under As Is Contract [e.g. Buyer desires to buy anyway, Buyer wants Property without Repair]

(5)Terminate Contract by timely/properly Delivering "Notice of Termination" and "Termination Fee" to Seller within the Due Diligence Period.

TERMINATION: During the Due Diligence Period, Buyer may unilaterally terminate this Contract only by

Delivering to the Seller both Notice of Termination and a Termination Fee of $USD Good Funds.

DURING THE DUE DILIGENCE PERIOD, SHOULD BUYER FAIL TO OBTAIN A NEW/AMENDED CONTRACT WITH THE SELLER OR BUYER FAIL TO TIMELY/PROPERLY DUE DILIGENCE TERMINATE THE CONTRACT DURING THE DUE DILIGENCE PERIOD: The Buyer agrees to buy and Seller agree to sell the Property AS IS. Parties agree "As Is" means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear otherwise without repair or replacement and sells the Property for the Purchase Price unless otherwise agreed in writing by the Parties in this Contract

AS-IS

All Parties agree that Property is being sold “As-Is”. "As Is" means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear without repair or replacement and sells the Property for the Purchase Price unless otherwise agreed upon in writing by the Parties in this

Contract. Buyer retains the right to inspect the Property by 6 P.M. on(date) for informational purposes only. The Seller is under no obligation to remedy any issues the Buyer discovers during their inspections, and the Buyer may not terminate the contract based on the results of any inspections conducted.

9.INSPECTION/REINSPECTION RIGHTS: Buyer and SC licensed and insured inspectors (“Inspectors”) reasonably perform any reasonable ultimately non-destructive examination and make reasonable record of the Property with reasonable Notice to Seller through Closing including investigations of off-site conditions and any issues related to the Property at Buyer Expense (“Inspections”). Buyer and persons they choose may make reasonable visual observations of Property.

Sellers will make the Property accessible for Inspection and not unreasonably withhold access, unless otherwise agreed in writing by the Parties. Seller will grant the Buyer the right to perform a final walkthrough inspection of the property within 48 hours prior to the closing date. Seller will keep all utilities operational through Closing unless otherwise agreed:

Seller grants Buyer permission to connect utilities, pay for utilities, and hire professionals (e.g. electricians, plumbers) to safely connect and operate the utilities during the Inspections

Other

see attached.

Buyer will hold harmless, indemnify, pay damages and attorneys fees to Seller and Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Seller will hold harmless, indemnify, pay damages and attorneys fees to Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Brokers recommend that Parties obtain all inspections as soon as possible. Brokers recommend that Parties and Inspectors use insurance to manage risk.

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10. APPRAISED VALUE:

This Contract is contingent upon the Property being valued according to the Lender's appraisal or other appraisal as agreed upon by the Parties (“Appraised Value”) for the Purchase Price or higher. If the Parties are made aware that the Appraised Value is less than the Purchase Price and the Seller Delivers Notice to the Buyer within 5 Calendar Days or Closing (whichever earliest) of an amendment to reduce the Purchase Price to the Appraised Value, the Parties agree to proceed to Closing under terms of this Contract with the Purchase Price amended to be the Appraised Value. If Seller is aware and refuses to reduce as stated above, Buyer may proceed to Closing or terminate this Contract by Delivering Notice of Termination to the Seller.

This Contract is not contingent upon the Property being valued at an Appraised Value according to the Lender's appraisal or other appraisal as agreed upon by the Parties for the Purchase Price or more.

11.WOOD INFESTATION REPORT: If the Property to be sold has been previously occupied, this Contract is contingent not contingent upon the Buyer Seller having the Property inspected at their expense by a qualified/licensed/bonded pest control operator selected by the Buyer Seller. Buyer Seller shall deliver timely Notice of and shall deliver to Closing a CL100 Wood Infestation Report dated no earlier than 30 calendar days prior to

Closing and no later than calendar days prior to Closing. If the Buyer is responsible for having the Property

inspected as indicated above, but does not have the Property timely inspected for the report's required Delivery time frame, the Buyer waives any and all rights under the terms of this section. The Seller makes no warranties with regard to matters covered by such infestation report or any other improvement unless specifically stated in this Contract.

If the wood infestation report reveals the presence or indication of or damages by termite infestation or other wood destroying organisms, Seller shall remedy such deficiencies and shall furnish the Buyer with a CL100 wood infestation report by a qualified/licensed/bonded pest control operator (dated no earlier than 30 calendar days prior to Closing) that the Property is free from infestation or any damage herein mentioned; or documentation that the infestation has been treated and damage has been repaired as appropriate in a workmanlike manner on or before closing and reported by an appropriate licensee. State law and regulations control CL100 issues. If the Seller does not make the repairs and treatment, the Buyer shall have the option to

(1)accept the Property in its present condition, (2) negotiate with the Seller for the payment of these repairs and treatment, or

(3)terminate this Contract by Delivering Notice of Termination to the Seller. If the Property to be sold has not been previously occupied, Seller shall certify that the Dwelling has been treated by soil poisoning for the prevention of termites and other wood destroying organisms and shall provide at Closing to the Buyer a written certification from a qualified/licensed/bonded pest control operator. The obligations of the Seller under this Section terminate after the Closing.

12.SURVEY, TITLE EXAMINATION, ELEVATION, INSURANCE: Brokers recommend Buyer have Property surveyed, title examined, elevation/wetlands/beachfront determined, and appropriate insurance (e.g. flood, flood contents, hazard, liability, owner's title) effective at Closing. Unless otherwise agreed upon in writing by Parties, Buyer to obtain new insurance policies by Closing and Seller may cancel existing insurance after Closing. Flood Insurance, if required by Lender or at Buyer's option, shall be assigned to Buyer with permission of carrier and premium prorated to Closing. Buyers are solely responsible to investigate pricing, availability, coverage, and requirements of insurance (e.g. flood, flood contents, hazard, liability) for the property prior to signing Contract.

13.SURVIVAL: If any provision herein contained which by its nature or effect is required to be observed, kept, or performed after Closing, it will survive the Closing and remain binding upon for the parties hereto until fully observed, kept or performed.

14.HOME WARRANTY COMPANY OPTIONAL COVERAGE (“HWC”): Parties agree that a Home Warranty ordered by

 

 

with at least twelve months of coverage after Closing Date

will will not be provided by

Closing and $

 

 

will be paid by

 

to the Home Warranty Company.

Buyer to pay any deficit and surplus reverts to payor. Proposed HWC and type of HWC:

 

.

NOTICE: THIS IS TO GIVE YOU NOTICE THAT BROKERS HAVE/WILL/MAY RECEIVE COMPENSATION FROM HWC/OTHERS FOR REFERRAL/PROCESSING. YOU ARE NOT REQUIRED TO PURCHASE A HWC OR SIMILAR RESIDENTIAL SERVICE CONTRACT AND IF YOU CHOOSE TO PURCHASE SUCH COVERAGE YOU ARE FREE TO PURCHASE IT FROM ANOTHER PROVIDER.

15.FIRE OR CASUALTY OR INJURY: In case the Property is damaged wholly or partially by fire or other casualty prior to Closing, Parties will have the right for 5 Calendar Days after Notice of damage to Deliver Notice of Termination to other Party. If Party does not Deliver Notice of Termination, the Parties proceed according to the Contract and Seller is to be responsible to (1) repair all damage, (2) remit to Buyer an amount sufficient for repairs, or (3) assign to Buyer the right to all proceeds of insurance and remit any deductible amount applicable to such casualty. If Buyer or Inspections caused the damage, Buyer is responsible for indemnifying Seller for damages. Brokers and Parties should ensure that they are protected by appropriate risk management strategies such as insurance.

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16. SC RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT (“CDS”) [check one]:

Buyer and Seller agree that Seller has Delivered prior to this Contract, a CDS to Buyer, as required by SC Code of Laws Section 27-50-10 et seq. If after delivery, Seller discovers a CDS material inaccuracy or the CDS becomes materially inaccurate due to an occurrence or circumstance; the Seller shall promptly correct this inaccuracy (e.g. delivering a corrected CDS to the Buyer/making reasonable repairs prior to Closing). Buyer understands the CDS does not replace Inspections. Buyer understands and agrees the CDS contains only statements made by the Seller. Parties agree the Brokers have met requirements of SC Code 27-50-70 and Brokers are not responsible or liable for any information in the CDS. CDS is not a substitute for the Buyers and Inspectors inspecting the Property (related issues/onsite/offsite) "Property issues" for all needs.

Buyer and Seller agree that Seller will NOT complete nor provide a CDS to Buyer in accordance with SC Code of Law, as amended, Section 27-50-30, Paragraph (13). Buyers have sole responsibility to inspect Property Issues for all their needs.

17.LEAD BASED PAINT/LEAD HAZARDS: If Property was built or contains items created prior to 1978, it may contain lead based hazards and Parties agree to sign "Disclosure of Information of Lead Based Paint and/or Lead Hazards" forms (e.g. SCR315) and give copies to Brokers. Parties acknowledge receiving and understanding the EPA pamphlet "Protect Your Family From Lead in Your Home." For their protection, Buyers should conduct/obtain Inspections of all Property issues per their needs.

18.SEX OFFENDER/CRIMINAL INFORMATION: Parties agree that Brokers are not responsible for obtaining or disclosing information in the SC Sex Offender Registry and no course of action may be brought against any Brokers for failure to obtain or disclose sex offender or criminal information. Buyer and Seller agree that they have sole responsibility to obtain their own sex offender, death, psychological stigma, clandestine laboratory, and crime information from sources (e.g. law enforcement, P.I., web). The Buyer may obtain information about the Sex Offender Registry and persons registered with the Registry by contacting the local county Sheriff or other appropriate law enforcement officials.

19.TRUST ACCOUNT INTEREST/CHARITABLE CONTRIBUTION: According to the South Carolina Real Estate Commission regulations and South Carolina laws, any interest earned from deposit to Closing on Buyer's earnest money deposit belongs to Buyer. It is understood that Broker may may not place deposited earnest monies into an interest bearing trust account. If Buyer's earnest money deposit is deposited into an interest bearing trust account, Parties agree that Broker will retain all interest earned in said account and may contribute some or all to a charitable enterprise.

20.SC INCOME TAX ON NON-RESIDENT GAIN AND COMPLIANCE AND USA FEDERAL INCOME TAX: Seller and Buyer will comply with the provisions of South Carolina laws [e.g. 12-8-580 (as amended)] regarding state income tax withholding requirements if the Seller is not a resident or has not filed South Carolina state income tax returns. Seller and Buyer will comply with United States of America federal income tax laws. Seller and Buyer should discuss tax laws and minimization actions with their qualified tax advisor. Parties will comply with all local, state, federal laws, and any rules.

21.ENTIRE AND BINDING AGREEMENT (MERGER CLAUSE): Parties agree that this Contract expresses the entire agreement between the parties, that there is no other agreement, oral/otherwise, modifying the terms; and this Contract is binding on Parties and principals, heirs, personal representatives, successors, and assigns. Illegal provisions are severable.

22.ADJUSTMENTS: Buyer and Seller agree to settle or prorate, annually or as appropriate; as of Closing Date: (A) utilities and waste fees issued after Closing which include service for time Property was owned/occupied by Seller (B) real estate taxes and owner association fees/assessments for the calendar year of Closing (C) any rents, deposits, fees associated with leasing (D) insurance, EMS service, fuel/consumables, and assessments. Closing Attorney shall make tax proration based on the available tax information deemed reliable by the Closing Attorney. Should the tax or tax estimate or proration later become inaccurate or change, Buyer and Seller shall make any financial adjustments between themselves once accurate tax information is available and Buyer takes timely reasonable steps to minimize taxes. This section survives Closing. Buyer is solely responsible for timely and reasonably minimizing the Buyer's taxes and obtaining tax minimization procedural information including related legal counsel and financial counsel. Special assessments approved prior to Closing shall be the responsibility of the Seller. Special Assessments approved after Closing shall be the responsibility of the Buyer.

23.DEFAULT:

(A)If Seller defaults in the performance of any of the Seller's obligations under this Contract (“Default”), Buyer may:

(i)Deliver Notice of Default to Seller and terminate Contract; and

(ii)Pursue any remedies available to Buyer at law or equity; and

(iii)Recover attorneys' fees and all other direct costs of litigation if Seller found in default/breach of Contract.

(B)If Buyer defaults in the performance of any of the Buyer's obligations under this Contract ("Default"), Seller may:

(i)Deliver Notice of Default to Buyer and terminate Contract; and

(ii)Pursue any remedies available to Seller at law or equity; and

(iii)Recover attorneys' fees and all other direct costs of litigation if Buyer found in default/breach of Contract.

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(C)If either/both Parties default, Parties agree to sign an escrow deposit disbursement agreement or release agreement.

(D)Parties may agree in writing to allow a Cure Period for a default. If within the Cure Period, either Party cures the Default and Delivers Notice, Parties shall proceed under the Contract.

24.MEDIATION: To potentially avoid expensive/lengthy/uncertain litigation, Parties may voluntarily/cooperatively decide which mediator to hire, how to pay the mediator, where to meet for mediation talks, and their own settlement agreement. Mediators do not decide settlement outcomes (Parties decide). Mediators merely facilitate the Parties reaching their own settlement and documenting settlement. Parties agree to attempt mediation for any dispute, claim, breach, representations made by any Party. Broker/other (e.g. concealment, misrepresentation, negligence, fraud) or service issues related to this Contract by using the National Association of REALTORS® Mediation Dispute Resolution System 803-772-5206 or www.NAR.REALTOR/policy/mediation or www.screaltors.org/mediation). Parties agree that the duty to attempt mediation survives closing and any signed mediation settlement agreement is binding. Parties agree some matters may proceed without mediation (e.g. foreclosure, action to enforce a mortgage or deed of trust or "rent to own" agreement, unlawful detainer action, file/enforce mechanic's lien, probate issues, interpleader action on earnest money). Parties agree some matters are not a waiver of mediation nor a breach of duty to attempt mediation (e.g. filing judicial action enabling recording notice of pending action, order for attachment/receivership/injunction or other provisional remedies).

25.NON-RELIANCE CLAUSE (NOT A MERGER CLAUSE NOR EXTENSION OF A MERGER CLAUSE): Parties execute this Contract freely and voluntarily without reliance upon any statements, representations, inducements, promises, or agreements by Brokers or Parties except as expressly stipulated or set forth in this Contract. If not contained herein, such statements, representations, inducements, promises, or agreements shall be of no force or effect. Parties acknowledge that Brokers are being retained solely as licensed real estate agents and not as any attorney, tax/financial advisor, appraiser, surveyor, engineer, mold or air quality expert, home inspector, or other professional service provider.

26.BROKER DISCLAIMER: Parties acknowledge that Brokers give no warranties or representations of any kind, expressed or implied as to: (1) condition of the Property, including but not limited to termites, radon, mold, asbestos, moisture, environmental issues, water, waste, air quality, HVAC, utilities, plumbing, electrical or structure, etc. (2) condition of the Property, survey or legal matters, square footage (3) off site conditions (4) schools (5) title including but not limited to easements, encroachments, projections, encumbrances, restrictions, covenants, setbacks, and the like (6) fitness for a particular purpose of the Property or the improvements (7) zoning ordinances and restrictions (8) projected income, value, marketability, taxes, insurance, or other possible benefits to Buyer. Parties consent that their Brokers may communicate with them via any means; and use or disclose information not made confidential by written instruction of Parties.

27.BROKERS COMPENSATION: Parties direct Closing Attorney to use settlement funds to collect and disburse Brokers Compensation to Brokers in accordance with agreements and document compensation on the settlement statement. If a Party disputes Brokers Compensation, that Party agrees to retain a South Carolina law firm to escrow only the disputed amount of Brokerage Compensation until the dispute is resolved by a written agreement signed by that Party and the Affected Broker, arbitration award, or court order. Party requesting the escrow shall pay all costs for escrow. If the dispute is not resolved within

180days of Closing, the escrow shall be disbursed to the Broker. Parties agree that Brokers are third party beneficiaries to this Contract and have standing to seek remedies at law and equity. Parties represent that their only enforceable agency and/or non-agency agreements are with the Brokers disclosed in this Contract. Parties consent to Brokers possibly receiving compensation from the HWC and/or others if compensation is paid in accordance with laws and REALTOR® ethics.

28.ATTACHMENTS, OTHER CONTINGENCIES, TERMS, AND/OR STIPULATIONS: There may be attachments to this Contract. The most recent changes, amendments, attachments, contingencies, stipulations, addendum, additions, exhibits, or writings, agreed to by the Parties; is evidence of the Parties' intent and agreement and shall control any Contract language conflicts. Parties shall initial and date Contract changes. If any documents are attached as addenda, amendments, attachments, or exhibits considered part of this Agreement, such documents can be further identified or described here (e.g. SCR 390, 391, 503, 504, 315, 320, 393, 370, 375, 513, 610):

29.NOTICE AND DELIVERY: Notice is any unilateral communication (e.g. offers, counteroffers, acceptance, termination, unilateral requests for better terms, and associated addenda/amendments) from one Party to the other. Notice to/from a Broker representing a Party is deemed Notice to/from the Party. All Notice, consents, approvals, counterparts, and similar actions required under Contract must be in paper or electronic writing and will only be effective as of delivery to the Notice address/email/fax written below and awareness of receipt by Broker (“Delivered”) unless Parties agree otherwise in writing.

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30.Acknowledgements: Due to potential criminal activity, parties are solely responsible to verify all wiring instructions with law firm/bank. Parties are also advised and understand that audio/visual surveillance may occur in the property and parties should plan accordingly and comply with all federal, state, and local laws. Parties acknowledge receiving, reading, reviewing, and understanding: this Contract, the SC Disclosure of Real Estate Brokerage Relationships form, any agency agreements, and copies of these documents. Parties acknowledge having time and opportunity to review all documents and receive legal counsel from their attorneys prior to signing Contract.

31.EXPIRATION OF OFFER: When signed by a Party and intended as an offer or counter offer, this document

represents an offer to the other Party that may be rescinded any time prior to or expires at

 

AM PM

on

,

unless accepted or counter-offered by the other

Party in written form Delivered

prior to such deadline. This offer will expire automatically if no action is taken by either party 30 calendar days after the offer's submittal.

IN WITNESS WHEREOF, this Contract has been duly executed by the Parties as true to the best of their knowledge/belief. If signee is not a Party, appropriate legal documents (e.g. Power of Attorney, Corporate Authorization)

are attached or to be Delivered to the other Party within

 

Calendar Days.

 

 

Parties shall initial and date all changes in this Contract and initial all pages.

 

 

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Buyer's Agent/Company

Buyer's Agent License #/LLR Office Code

 

 

Buyer's Agent's Email Address

Buyer's Agent Telephone Number

 

 

Seller's Agent/Company

Seller's Agent License #/LLR Office Code

 

 

Seller's Agent's Email Address

Seller's Agent Telephone Number

REALTOR® is the registered collective membership mark which may be used only by those real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its strict professional Code of Ethics. The South Carolina Association of REALTORS® (SCR) owns copyright to the content of this form and expressly prohibits the display, distribution, duplication, transmission, alteration, or reproduction of any part of SCR copyright content as well as the use of the name "South Carolina Association of REALTORS®" in connection with any written or electronic format without the prior written consent of SCR. SCR makes no representation as to the legal adequacy of this form or the information added for a specific transaction and recommends that Parties consult a SC attorney prior to signing to ensure the completed form meets your legal need.

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Form Information

Fact Name Details
Parties Involved The contract involves a Buyer and a Seller, both of whom must be identified in the agreement.
Property Description The contract requires a detailed description of the property, including the address and tax map number.
Possession Terms Possession of the property is given to the Buyer at closing, with conditions for maintaining the property's condition until that time.
Earnest Money An earnest money deposit is required, and the contract outlines how this deposit will be held and disbursed.
Closing Costs The contract specifies which party is responsible for various closing costs, such as title examination and recording fees.
Contingencies Buyer's obligation to purchase is contingent on obtaining financing and other specified conditions.
Governing Law This contract is governed by the laws of South Carolina, including specific provisions outlined in the South Carolina Code of Laws.
Dispute Resolution Any disputes arising from the agreement must be submitted to mediation, according to the National Association of Realtors' procedures.

Detailed Guide for Filling Out South Carolina Real Estate Contract 310

Completing the South Carolina Real Estate Contract 310 form is a crucial step in the real estate transaction process. This form serves as the foundation for the agreement between the buyer and seller, outlining the terms and conditions of the sale. It is essential to fill out the form accurately to avoid misunderstandings and ensure a smooth transaction. Below are the detailed steps to guide you through the process of filling out this important document.

  1. Enter the Date: Fill in the date when the agreement is being executed at the top of the form.
  2. Identify the Parties: Clearly state the names of the Buyer(s) and Seller(s) in the designated spaces. Include any necessary titles or identifiers.
  3. Describe the Property: Provide a detailed description of the property being sold. Include the lot, block, section, subdivision, address, tax map number, city, zip code, and county.
  4. Specify Utilities: Indicate the type of water and sewer systems connected to the property by checking the appropriate boxes.
  5. Conveyance Details: Outline the terms of conveyance, including the type of title and any encumbrances. Specify the closing date and time.
  6. Possession Information: State when possession of the property will be given to the Buyer and any conditions regarding the property's condition at that time.
  7. Purchase Price: Clearly state the total purchase price of the property in both words and numbers.
  8. Method of Payment: Indicate how the purchase price will be paid by checking the appropriate options and providing details about financing if applicable.
  9. Earnest Money: Specify the amount of earnest money being deposited and how it will be paid. Designate the escrow agent responsible for holding the funds.
  10. Loan Processing: Detail the conditions regarding the Buyer obtaining financing, including the loan-to-value ratio and deadlines for application and approval.
  11. Closing Costs: Outline who will be responsible for various closing costs, specifying what the Seller and Buyer will cover.
  12. Home Protection Plan: Indicate whether a home warranty plan will be issued and who will pay for it.
  13. Expiration of Offer: State the time by which the offer must be accepted or countered by the Seller.
  14. Extension Agreement: Include terms for extending the agreement if contingencies are not satisfied.
  15. Adjustments: Specify how taxes and other assessments will be adjusted as of the closing date.
  16. Risk of Loss: Describe the responsibilities of the Buyer and Seller in the event of property damage before closing.
  17. Default Terms: Outline the consequences of default by either party.
  18. Inspection and Maintenance: Detail the responsibilities for property inspections and maintenance prior to closing.
  19. Lead-Based Paint Disclosure: If applicable, check the appropriate box regarding lead-based paint inspections.
  20. Broker Disclaimer: Acknowledge that brokers give no warranties regarding the condition of the property.
  21. Signatures: Ensure that all parties sign and date the agreement in the designated spaces.

Obtain Answers on South Carolina Real Estate Contract 310

  1. What is the South Carolina Real Estate Contract 310 form?

    The South Carolina Real Estate Contract 310 form is a legally binding agreement used for the purchase and sale of residential real estate in South Carolina. It outlines the terms and conditions under which a buyer agrees to purchase property from a seller. This form includes essential details such as the parties involved, property description, purchase price, payment method, and closing details.

  2. Who are the parties involved in this contract?

    The contract identifies two primary parties: the Buyer(s) and the Seller(s). The Buyer is the individual or entity purchasing the property, while the Seller is the individual or entity selling the property. Both parties must sign the contract for it to be valid.

  3. What information is required about the property being sold?

    The form requires detailed information about the property, including:

    • Lot number, block, section, and subdivision
    • Property address
    • Tax map number
    • Details about utilities, such as water and sewer connections

    This information helps to clearly identify the property involved in the transaction.

  4. What is the earnest money deposit?

    The earnest money deposit is a sum of money submitted by the Buyer to demonstrate their commitment to purchasing the property. This deposit is held by an escrow agent and is credited towards the purchase price at closing. The form specifies the amount of earnest money and the method of payment, such as cash or check.

  5. What happens if the Buyer fails to obtain financing?

    The contract includes a contingency for financing, meaning that the Buyer’s obligation to complete the purchase is dependent on securing a loan. If the Buyer fails to apply for or obtain loan approval within the specified timeframe, the Seller has the right to terminate the agreement with written notice.

  6. What are the closing costs, and who is responsible for them?

    Closing costs can include various fees associated with finalizing the sale, such as title insurance, appraisal fees, and recording fees. Typically, the Seller pays for costs related to the deed and title transfer, while the Buyer covers costs associated with obtaining financing and other related expenses. The contract outlines these responsibilities clearly.

  7. What should a Buyer know about the condition of the property?

    The contract emphasizes the importance of property inspections. Buyers have the right to inspect the property before closing and must notify the Seller of any necessary repairs within a specific timeframe. The Seller is responsible for maintaining the property's condition until the closing date and may be required to address certain issues identified during inspections.

Common mistakes

Filling out the South Carolina Real Estate Contract 310 form can be a daunting task. Many individuals make common mistakes that can lead to complications down the line. One major error is failing to provide complete and accurate information about the parties involved. The form requires full names and contact details for both the buyer and seller. Incomplete or incorrect information can cause delays or disputes during the transaction.

Another frequent mistake is neglecting to specify the property details. This includes the lot number, subdivision, and tax map number. Omitting these details can lead to confusion about which property is being sold. Buyers and sellers should ensure that all property information is precise and clearly stated.

Many also overlook the importance of the earnest money section. Buyers often forget to indicate the amount of the earnest money deposit or how it will be paid. This section is crucial as it demonstrates the buyer's commitment to the purchase. Without this information, the offer may be considered incomplete or unprofessional.

Additionally, failing to check the appropriate boxes regarding financing options is a common issue. Buyers must clearly indicate whether they plan to pay cash or seek financing. If financing is needed, specifying the type of loan is essential. Incomplete financing information can lead to misunderstandings and potential delays in closing.

Timeframes are another critical aspect that often gets overlooked. The form requires buyers to apply for a loan within a specified number of days. Missing this deadline can result in the seller terminating the agreement. Buyers must be diligent in adhering to these timelines to avoid complications.

Another mistake is neglecting to review the closing costs section. Buyers and sellers should clearly outline who is responsible for which costs. Misunderstandings about closing costs can lead to disputes at closing, so clarity is essential.

Lastly, many people fail to read the entire contract thoroughly before signing. Each section contains important stipulations that could affect the transaction. Taking the time to understand the terms and conditions can prevent future disputes and ensure a smoother transaction process.

Documents used along the form

When engaging in a real estate transaction in South Carolina, several important documents accompany the South Carolina Real Estate Contract 310 form. Each of these documents serves a specific purpose in ensuring that both buyers and sellers understand their rights and obligations. Below is a list of these essential forms and a brief description of each.

  • Seller’s Property Condition Disclosure Statement: This document provides details about the condition of the property being sold. It outlines any known issues or defects, allowing the buyer to make an informed decision.
  • Earnest Money Agreement: This agreement outlines the terms regarding the earnest money deposit made by the buyer. It specifies how the deposit will be held and under what conditions it may be returned or forfeited.
  • Closing Disclosure: This document provides a detailed account of all closing costs associated with the transaction. It includes fees for the buyer and seller, ensuring transparency before the closing date.
  • Title Insurance Policy: This policy protects the buyer against any claims or disputes regarding ownership of the property. It ensures that the title is clear and that the buyer has legal ownership.
  • Property Survey: A survey outlines the boundaries of the property and identifies any encroachments or easements. This is crucial for clarifying the exact dimensions and legal description of the property.
  • Home Warranty Agreement: This optional agreement provides coverage for certain repairs or replacements of home systems and appliances. It can give buyers peace of mind regarding potential future expenses.
  • Loan Application and Approval Documents: These documents are necessary if the buyer is financing the purchase. They include the loan application, approval letter, and any conditions set by the lender.

Each of these documents plays a vital role in the real estate transaction process. Understanding their purposes can help both buyers and sellers navigate the complexities of purchasing or selling a property in South Carolina.

Similar forms

  • Residential Purchase Agreement: Similar to the South Carolina Real Estate Contract 310, this document outlines the terms and conditions of a residential property sale, including details about the buyer, seller, and property description.
  • Offer to Purchase Real Estate: This document serves as a formal proposal from the buyer to the seller, similar to the 310 form, detailing the proposed purchase price and terms.
  • Real Estate Listing Agreement: This agreement establishes the relationship between the seller and the real estate agent, mirroring the 310 form's emphasis on the roles of the parties involved in the transaction.
  • Lease Purchase Agreement: Like the 310 form, this document outlines terms for a property transaction, specifically focusing on leasing with an option to buy, emphasizing the buyer's rights and obligations.
  • Counteroffer Form: This document allows the seller to respond to a buyer's offer with changes, reflecting the negotiation process similar to what is outlined in the South Carolina Real Estate Contract 310.
  • Real Estate Purchase and Sale Agreement: This comprehensive agreement, much like the 310 form, details the conditions of the sale, including financing and contingencies.
  • Home Inspection Agreement: This document, while focusing on the inspection process, shares similarities with the 310 form in that it protects the buyer's interests before finalizing the sale.
  • Title Insurance Policy: This document ensures that the buyer receives a clear title to the property, paralleling the 310 form's provisions for marketable title and seller obligations.
  • Disclosure Statement: Similar to the Seller’s Property Condition Disclosure referenced in the 310 form, this document informs the buyer of any known issues with the property before the sale.
  • Closing Statement: This document summarizes the financial transactions involved in the sale, akin to the closing costs section of the 310 form, ensuring transparency and accountability for both parties.

Dos and Don'ts

Things You Should Do:

  • Read the entire contract thoroughly before signing.
  • Fill out all required fields completely and accurately.
  • Ensure both Buyer and Seller information is correct.
  • Consult a real estate attorney if unsure about any section.
  • Provide the necessary earnest money deposit as specified.
  • Keep a copy of the signed contract for your records.
  • Communicate promptly with the other party regarding any changes.
  • Follow up on loan approval and provide documentation timely.
  • Understand the closing costs and who is responsible for them.
  • Review all disclosures and inspections carefully.

Things You Shouldn't Do:

  • Do not leave any sections blank unless instructed.
  • Avoid making changes to the contract without mutual consent.
  • Do not ignore deadlines for loan applications or inspections.
  • Refrain from assuming verbal agreements are binding.
  • Do not overlook the importance of a home inspection.
  • Do not forget to check for lead-based paint disclosures if applicable.
  • Do not neglect to clarify any unclear terms with your agent.
  • Do not fail to disclose any known issues with the property.
  • Do not disregard the importance of obtaining title insurance.
  • Never assume all repairs will be made without written agreement.

Misconceptions

  • Misconception 1: The South Carolina Real Estate Contract 310 form is just a standard template.
  • This form is legally binding and has specific provisions tailored to South Carolina laws. It is important to understand its nuances rather than treating it as a generic document.

  • Misconception 2: The earnest money deposit is fully refundable at any time.
  • While earnest money is meant to show commitment, it can be forfeited if the buyer defaults. Both parties must agree on its disbursement.

  • Misconception 3: Buyers can occupy the property before closing without any agreements.
  • Possession before closing is not automatic. It requires a separate agreement between the buyer and seller.

  • Misconception 4: Sellers are responsible for all repairs before closing.
  • Repairs are often negotiable. Buyers may need to accept the property "as-is" or negotiate specific repairs.

  • Misconception 5: The form guarantees that the property is free of defects.
  • The contract includes disclaimers regarding the property's condition. Buyers should conduct their own inspections.

  • Misconception 6: Closing costs are always split evenly between the buyer and seller.
  • Closing costs can be negotiated. Each party may be responsible for different fees, depending on the agreement.

  • Misconception 7: The seller has unlimited time to provide disclosures.
  • There are specific timelines for sellers to provide necessary disclosures, and failing to do so can impact the sale.

  • Misconception 8: The contract does not allow for extensions.
  • The contract includes provisions for extensions if contingencies are not met, but they must be agreed upon by both parties.

  • Misconception 9: Buyers do not need to worry about property taxes until after closing.
  • Buyers are responsible for applying for any tax exemptions and understanding tax proration at closing.

  • Misconception 10: The contract is the final step in the buying process.
  • The contract is just one part of the transaction. Many other steps, including inspections and financing, are critical before closing.

Key takeaways

  • Understand the Parties Involved: The form requires clear identification of the Buyer(s) and Seller(s). Ensure all names are accurately filled in to avoid disputes later.

  • Property Description: Accurately describe the property being sold, including its address and any pertinent details like tax map numbers. This information is crucial for legal clarity.

  • Earnest Money Deposit: Include a specified amount for earnest money, which shows the Buyer’s commitment. This deposit is held in escrow and credited to the Buyer at closing.

  • Loan Contingency: The Buyer’s obligation to purchase is often contingent on obtaining financing. Specify the type of loan and timeline for approval to protect both parties.

  • Closing Costs: Clearly outline who is responsible for various closing costs. This includes deed preparation, recording fees, and other necessary expenses to ensure a smooth transaction.