First, the contract controls
The purchase agreement should identify the buyer, purchase price, closing date, earnest money, inspection or due-diligence rights, costs and any assignment rights. Those terms matter more than verbal promises.
Then the buyer underwrites the property
That can include confirming value, repair estimates, rent, occupancy, title status, existing debt and local market conditions. Access to the property may be needed for inspections, contractors or financing.
Title and payoff work begins
A title company or closing attorney typically searches ownership, liens, judgments, taxes and other matters that could affect transfer. If there is a mortgage, a payoff statement may also be ordered.
Could another buyer be involved?
Possibly. Some purchase agreements permit the buyer to assign contractual rights to another qualified buyer. In other situations, the original buyer may close directly, use a partner, or complete a separate resale after closing. The documents and applicable law determine what is permitted.
What should a seller ask?
- Who is the contractual buyer?
- Is the purchase agreement assignable?
- How much earnest money is being deposited?
- What due-diligence or cancellation rights exist?
- Who is handling title and closing?
- What costs am I expected to pay?
- What happens if the buyer cannot close?
- When does the contract become non-cancellable, if at all?
Why assignments or partners are not automatically a problem
Real estate acquisitions are often completed with partners, lenders, funds or other end buyers. What matters to a seller is whether the contract accurately describes the parties' rights, whether required disclosures are made, and whether the agreed price and terms are acceptable.
Red flags to watch for
Be cautious if someone refuses to explain the contract, pressures you not to seek legal advice, hides the identity of the contractual buyer, changes material terms without explanation, or cannot explain how the closing will be funded.
Have a property you want evaluated? Send us the details or call 706-818-8831.