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Real Estate Contracts >The Sales Price
After your search for a house and all the negotiations are over, you arrive at the the sales price. Finally, you feel some certainty about your bottom line. However, it is not unusual for there to be disagreements about what is included in the sales price. Careful drafting of the paperwork can help to avoid future disputes.
The following definitions may help. Real property is land and any permanent attachments, such as buildings, landscaping and fences. Personal property consists of movable possessions, such as furniture and clothing. A fixture is defined as an item of personal property which has become part of the real property by virtue of becoming permanently attached, such as a new sink, a Jacuzzi, or a chandelier.
The principal area of dispute about the sales price often relates to fixtures. Most preprinted real estate contracts will provide space for the fixtures to be listed. Whether you are selling or buying, you should make use of this space. Do not assume curtains, satellite discs, antennas or fireplace equipment come with the house. You should also make it very clear what you don't want left on the property. If you are specific about every item that may be questionable, you will greatly reduce the chances of a dispute after the closing.
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Nearly every state has a mandate for seller disclosure. What must a seller disclose?
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The seller must disclose any existing problems, defects or conditions that could affect the value of the house.
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Fidelity National Title Company
Fidelity National Title has escrow & title offices conveniently located throughout Bernalillo and Sandoval Counties.
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