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Updated about 15 hours ago on . Most recent reply

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Pramod Prasad
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Selling property - buyer's purchase agreement heavily skewed in favor of buyer

Pramod Prasad
Posted

Looking for advice from this forum. I got a good offer for the property I am selling but the buyer sent a purchase contract that appears to be heavily skewed in their favor. Some concerns I saw were: 

1) Buyer-Friendly Inspection Clause: The buyer can cancel unilaterally within the inspection window, and I must accept that without dispute. 

2) Assignment Without my Consent: The buyer can reassign the contract to a third party without additional approval from me. 

3) No Title Policy Requirement if Buyer Cancels Escrow: If the buyer chooses to not use the escrow agent, I am no longer required to provide a standard title policy. 

4) Memorandum Recording: The buyer may record a memorandum of the contract in the county records. Will this cloud title until the contract is formally canceled or closed?

5) One-Sided Remedies: If I breach, the buyer can sue me. But if the buyer breaches, I agree to keep the only EMD as my sole remedy.

Would appreciate help on any advice you have. In addition, are there recommendations for a lawyer who i can have to review this contract? 

I suppose walking away is an option if this is very concerning but as of now I am considering this offer because they bid the highest.

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283
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Ke Nan Wang
  • Developer
  • St. Augustine, FL
357
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283
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Ke Nan Wang
  • Developer
  • St. Augustine, FL
Replied

This reads like a typical corporation dealing. Usually they give the seller the price they want but want to dictate terms to minimize their risk and liabilities. Feel free to negotiate with them, see how open are they willing to have a dialogue. Some I found have an acquisition officer on their side so it's easier to have a conversation. If you feel like their offer is basically take it or leave it, then you'll have to make a decision whether you can afford to have the property locked in an uncertain contract for a period of time. If you can't and you can't negotiate with them, then walk away and hope to get a normal offer. Otherwise you can consider to take their offer and see where they leads. 

In my experience dealing with corporations have been favorable so far. Although the contract is very one sided but in reality they follow through and complete the transaction as intended. There are just lots of red tapes that their side has to go through to get the approval. 

The key is to keep the dialogue open and negotiate. Give and take and finally come to an agreement that both sides can accept. 

  • Ke Nan Wang
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