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The Real Estate Purchase Agreement
Buying any piece of real estate property whether it be a home, condominium or building requires a written agreement. This is known as the real estate purchase agreement or a sales contract. It is called for in the U.S. Statute of Frauds that all financial transactions involving real estate be put in writing to be enforceable.
A purchase agreement is entered into by two parties the buyer and the seller. Being the principals in the transaction, both of their names and signatures should appear on the document.
Other important details that need to be specified in the contract include the following:
* Legal description and address of the property. This should state the physical condition of the home and its specific location.
* The purchase price the buyer is offering.
* The amount of down payment also referred to as earnest money or deposit and who will keep it during the transaction. Usually, a lawyer acts as the escrow agent. A condition may be included as well stipulating the return of the deposit if the sale does not push through due to the buyers failure to secure a loan.
* The time frame needed to respond to the offer such as 24 hours or 48 hours. The buyer may specify this to keep the seller from accepting additional bids from other buyers.
* The party in charge to keep the deposit and to close the transaction. The closing may be handled by either the attorney or the real estate agent whichever may be agreed upon by the two parties.
* Items included or excluded in the sale. These refer to the appliances and furniture that the buyer may want to keep or discard in the property concerned such as carpeting and lighting fixtures.
* Home warranty. This guarantees the buyer that the seller will provide a clear title to the property at the time of closing. The document may either be an abstract of title, certificate of title or a title insurance policy.
* The party to pay for the closing costs. Many sellers shoulder the closing costs as an incentive to buyers. Depending on both parties, though, the costs can also be split.
* Clause for inspection and appraisal. Buyers normally ask for a home inspection to ensure that the property they are buying is in good condition. The inspection also aims to find out defects and the presence of pests, if any. The appraisal, meanwhile, is meant to determine the actual market value of the residential property.
* Mortgage contingency. This may be specified by the buyer as a guarantee that the buyer obtains a mortgage loan before closing. This may also release the buyer from the offer in the event he or she fails to get a loan.
The real estate purchase agreement is initiated by the buyer. However, its not all the time that the seller accepts the offer in its totality right away. What usually happens is that a seller will respond by submitting a counter offer that proposes some changes to the buyers conditions. Negotiations will begin only after the buyer and seller agree to the contracts terms and conditions.
What Is Mineral Rights Leasing?
The importance of energy, oil, coal, and other minerals and natural resources is very evident throughout the world. The demand for commodities such as oil and gas is increasing and many energy and mining companies are on the lookout for land and properties rich with minerals. With energy and mining companies looking and mineral rights owners possessing the potential to get a big profit, mineral rights leasing is undeniably a growing trend in the real estate market and energy/mining industry.
But what is mineral rights leasing all about?
A mineral rights lease is a formal agreement between two or more parties where one party gives the other the right to make use of the minerals in the property involved. In a situation between a mineral rights owner and an energy and mining company, a mineral rights lease is where the owner of the land and/or mineral rights gives the energy and mining company to drill or mine away the minerals underneath the ground.
The mineral rights owner gets benefits in return, of course. The mineral rights owner can get a bonus payment, royalties for every product (that resulted with the minerals) sold, and any other conditions that both parties have agreed to in the contract.
Mineral rights leasing is a complicated matter. This is because it doesn’t just concern the mineral rights owner and the energy/mining company. In some cases, it concerns the surface rights owner who may not be necessarily be the mineral rights owner.
The mineral rights owner may not necessarily be the surface rights owner for the particular reason that mineral rights are not the same as surface rights. Both are different from each other. While surface rights refer to the rights to work and operate on and above the surface, mineral rights pertain to the rights used to explore and produce the minerals below the surface.
In cases wherein the surface rights owner isn’t the mineral rights owner, one would have to speak to both the owners to get permission to operate on the property for the minerals. While the surface rights owner may not have any say in the operations to extract the minerals, it is still his/her property that will be involved. It is his/her property that will be bombarded with big machines and workers. Disagreements and disputes may erupt before and during the mining operations so all parties should be accounted for. It is wise to be specific of every detail involving all parties’ conditions in the mineral rights lease to prevent future problems.
As implied by the definition of mineral rights leasing, this is no simple matter. Mineral rights leasing is complicated from the start to the end of the operations. The contract is a very big deal, and legalities have to be satisfactory for all parties to be in agreement. When problem comes before the parties about the rights of each one of them, it’ll be the contract or lease agreement that’ll steer them all clear. Make sure to consult lawyers regarding mineral rights leasing. Asking for help from geology surveyors and real estate agents is also recommended.