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Purchase Agreement

“One Time Showing Contract” Confusion

Conspicuously Missing Term:  Asking Price One of the more confusing contracts in residential real estate is what’s called a “One Time Showing Contract.” As you might guess, unlike a Listing Contract, which allows the Realtor to market a home to the world, a One Time Showing Contract contemplates a deal with exactly one prospective Buyer. Key Terms In...
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Sneak Peek: 2018-2019 Minnesota Real Estate Contract Changes

Just a Little Fine-Tuning This Year [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] Unlike a year ago, when the standard Minnesota Purchase Agreement was totally revamped, there are...
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Remind Buyer to Do Their Walk-Thru Inspection? Depends Who You’re Representing

Dual Agency Dilemma #17 Never having represented both the Buyer and Seller in the same transaction (I consider it a classic conflict of interest), one of the questions I have for agents who do act as dual agents is, “how do you navigate things like the Buyer’s walk-thru inspection? Provided for in the standard Minnesota Purchase...
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“Accepted Offer” vs. “Fully Executed Purchase Agreement”

Real Estate Jargon 101 What’s the difference between an “accepted” offer and a “fully executed” one? Absolutely nothing. As a former corporate attorney, I actually prefer the latter term, because it’s just a tad more precise, descriptive, etc. However, it can also sound a bit . . . intimidating (especially the “executed” part). Which is why...
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How to Absolutely, Positively Tell If It’s a Lowball Offer

Tying Up Loose Ends & Open Offers Admittedly, there’s usually not much doubt. But if you want absolute, “case-closed” proof that a Buyer’s offer qualifies as a lowball, here it is:  when the Seller rebuffs it*, they never even bother to withdraw it. Either the offered price is so preposterously low they know the Seller will never...
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Purchase Agreements, Deadlines, and (Other) Ultimatums

“This Offer is Only Valid Until Noon, January 16” [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] At least in Minnesota, where I sell real estate, deadlines are incorporated...
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