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What Does The Contract Say?

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Real Estate Agent with Online Real Estate Agent Training

What Does The Contract Say - Real Estate Agent Training TipsDepending on how long you have been selling real estate, you may remember a time when contracts were only a few pages in length.

Real Estate Contracts Are Thick

Today, real estate contracts destroy more trees than the law allows! By the time you include all of the Disclosures, a contract can easily be 60 pages or more. So naturally you would think that with a contract of that size, everything under the sun is covered. Right?

Virtually Everything Is Covered

Well, for the most part you would be correct. Real estate contracts have increased in length due to the numerous law suits associated with this industry. It seems as though when enough cases go to court, the real estate associations decide the issue should be addressed in the contract. Which in theory, makes sense. Better for it to be addressed in the contract than having a real estate agent writing the legal language! So why is it that agents are constantly calling and emailing with their current real estate crisis asking me, "what should I do"?

Refer To The Contract

My response is always the same, "what does the contract say"? The contract addresses virtually every scenario imaginable. The contract should be the first document you review when an issue arises. Nine times out of ten, the answer will be there. But I believe that most agents already know the answer to their question before they make the phone call.

My Answer Will Not Be Different

What they are looking for is either confirmation that they are doing the right thing or hoping and praying that I will give them a different answer than the one in the contract. Perhaps they made an error, didn't keep track of the contingency time frames or told their client the wrong thing and are now trying to save face. We've all been there! But regardless of the reason, the terms of the contract remain the same.

So when you find yourself wondering what to do, simply ask yourself, "What does the contract say"?

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Posted by

Candy Miles-Crocker

Real-Life Real Estate Training

Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

You are so right - I am constantly telling my agents - go to the contract, it will tell you what you need to know.  A contract it the Bible for Realtors. 

Jul 26, 2012 11:31 AM
Brian Rugg
Rugg Realty LLC Sun City Texas 512-818-6700 - Georgetown, TX
Sun City TX Real Estate - Georgetown, TX Real Est

Hello Candy:

 

We write contracts and commit thing to wiring for a reason. It is the guiding document for all parties who have an interest in the transaction.

Jul 26, 2012 11:34 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County
Each and every time I read a contract from start to finish, I discover something else. You give such great advice in this post--a well-deserved feature!
Jul 26, 2012 12:07 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Candy, I pulled rank on an REO company today that is requesting me to get a listing agreement signed.  I refused because it is a contract, and it says things I'm not willing to do.  They said I have to, and I sad no.  They relented and changed the contract to meet my requirements.  I don't want to end up in court with a judge saying, "But, Mr Cooper, what does the contract say?"  8=)

Jul 26, 2012 12:27 PM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Candy, the contract is the agrement between the parties - questions? Look at the contract. And you can never know all of it, each time it needs to be reviewd for an issue.

Sharon

Jul 26, 2012 02:05 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

There is a section in the California Association of Realtors California Residential Purchase Agreement that actually says “All understandings between the parties are incorporated in this Agreement.”

I believe that means you need to look to the contract for the answers to most common questions.

Jul 26, 2012 02:14 PM
Pat Mistretta
PalmerHouse Properties & Associates - Atlanta, GA
Atlanta Lofts and City Living

Candy - you are exactly right!  Just the other day, I had a lender call and ask about seller's contributions.  I answered the question, but added "all of the terms are in the contract."

Jul 26, 2012 07:50 PM
Marcus Rice
Equity First Realty - Richmond, VA
Richmond, NOVA, Virginia Beach Area Realtor/Broker

Great Blog, Great information for Realtors, buyers and sellers. Thanks for sharing this detailed information about how real estate should be handled. The Marcus Rice Team with RE/MAX Allegiance in Richmond Va agree with this blog.

Jul 26, 2012 08:31 PM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Candy,

Good blog.

When I started the Purchase and Sale Agreement was one page long!

Phil

Jul 26, 2012 08:32 PM
Captain Wayne - Rowlett Real Estate School
Rowlett Real Estate School - Panama City, FL
Rowlett Real Estate School / Owner and Instructor


Good Morning,

Thank you for the Great Blog Candy, the contract says it all!

Jul 26, 2012 08:41 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

I thought the contracts in my state were long.  Mine usually average about 20 pages with addendums.  With 60 pages your signings must take a long time.

Jul 26, 2012 09:02 PM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

It's all in the contract!  Great post.                                                                                                                  

Jul 26, 2012 10:47 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Candy, everything is in the contract, but it surprises me how many people don't read it. I see the same thing in lease agreements. Good advice!

Jul 26, 2012 10:57 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

I agree with Michael above, lease agreements seem to be the worst.  However, I also notice most people do not read the contract but lean on their agent to know what is involved in the contract.  You can tell when someone has not read the contract-- they always call you with a question that has explicitly been placed (and addressed) in the contract.

Jul 27, 2012 01:38 AM
Adrian Willanger
206 909-7536 AdrianWillanger-broker.com - Seattle, WA
Profit from my two decades of experience

Amen Candy, the longer I'm in this business the more time I spend studying the contracts. LOL. 

Jul 27, 2012 02:33 AM
Toby Barnett
KW North Sound - Marysville, WA
Toby Barnett

LOL "Our contracts kill more trees than the law allows". That is too true. I didn't get into real estate industry when contracts where short, however, my mother and business partner did. When I entered the biz contracts virtually consisted of state generated forms and now we have to deal with every entities generated forms and damn near be an expert in contract law. UGH :D

Jul 27, 2012 02:42 AM
Glenn Freezman
Family Abstract, Inc. - Horsham, PA

When I started doing title insurance the closing package was 9 pages, all in.  1983.  Now the new proposed hud-1 is up to 8 pages.  Thanks God Trees can't vote or talk!!  When did we become a paperlessindustry exactly?

Jul 27, 2012 05:14 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

But we are becoming a paperless society with esignatures, texting, cloud storage, digital everything, but yet, paper contracts keep getting longer, printers and ink are still being manufactured and selling like hotcakes. NVAR isn't even posting all of the new disclosure forms on their site since agents will rarely use many of them. Some things just don't make sense.

Jul 27, 2012 08:57 PM
Anonymous
Training Agreements

This training agreement made when the trainee agrees to get training under the trainer for a certain period of time.This agreement must be formal.

 

 

 

 

<a href="http://www.sampleagreements.net/training-agreements.html">Training Agreements</a>

 

 

 

Jul 29, 2012 02:37 PM
#32
Frank Harris
Keller Williams Realty Centre - Columbia, MD

Yes,

It is very important to state what is agreed upon in your contract.

It has to be in the contract,  for your clients protection as well as you own.

Note, it would be nice it contracts were not as long.

Aug 13, 2012 10:51 PM