What is a Contingency Clause?

Refers to the conditions attached to an offer to purchase property and included in real estate contract which must be met in order to make the purchase offer binding on the buyer.

  1. Inspection – Contingent upon ME physically inspecting the property for the next 30 days and for any reason within those 30 days I can cancel the contract.
  2. Financing – Me finding and getting approved for a satisfactory loan to purchase the property within 45 days or I can cancel the contract.
  3. Title – Me approving the chain of title that it must be delivered to me clear and free within 15 days or I can cancel the contract.
  4. Appraisal – The banks appraisal of the property to be equal to or greater than the contract purchase price or I can cancel the contract.

Some Sales Contract Clauses!

  1. Parties – Seller and Buyer
  2. Location – Street address, legal description of property.
  3. Sales Price – The amount you’re offering.
  4. Earnest Deposit – The amount of money you will deposit in escrow and who holds it.
  5. Finance Contingency – Offer subject to certain terms and days.
  6. Inspection – Contingency for physical inspection and approval.
  7. Closing – When and Where the closing will take place.
    There will be several more but you get the idea!

What Is A Contract In Real Estate?

A binding legal agreement that is enforceable in a court of law or by binding arbitration.

An exchange of promises with a specific remedy for breach.

Once the contract is signed by both seller and buyer, it becomes legally binding with action items both the seller and buyer promise to carry out.

A good contract should protect both buyer and seller as equally as possible.

4 Cycles Of Real Estate!

  1. Recovery – Occupancy rates have bottomed and the market is or has just experienced a state of over-supply from previous new construction or negative growth demand.
  2. Expansion – Rents rise quickly, which signal new construction to happen. A short supply will also cause a increase in rents.
  3. Hyper-supply – This is where new completions begin to compete for tenants in the marketplace.
  4. Recession – The difference between demand growth and growth in the market supply. In other words the “Market Access”

Let’s Talk Zoning!

In the commercial real estate world the slogan should be “Use” meaning how the property will be used.

Zoning and building codes are set by the local city government and is in constant change.

The way a parcel of land or property is used is a major element to understand when determining it’s value.

The highest and best use for a commercial property maximizes its value.

A Few Things To Consider When You Analyze A Property!

  1. Income and expense statements versus property tax returns – make sure the income amounts match.
  2. Proformas – Never buy according to brokers proformas!
  3. Operating expenses are always underestimated double check and verify them with a third party.
  4. Be wary of reassessing property tax bills, know when it happens and at what rate.
  5. And YES, location is always important, because no matter how good the deal you can’t fix the location.