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A FSBO contract should contain a clear description of any homeowner's association restrictions on the property. Such restrictions might affect, for example, lawn maintenance or a fence that the buyer wishes to build on the property. Easements refer to another person or landowner's interest in the property or a portion of the property. One example of an easement is a driveway that two adjoining properties historically have shared. FSBO contracts regularly contain a provision stating that the Buyer is taking title to the property "subject to any zoning restrictions." A zoning law that affects a particular parcel of property typically restricts how the owner can use the property. In other words, if a property is zoned residential, the Buyer cannot expect to buy the property and turn it into a store. Another common easement provision includes utility easements. It is common for contracts to include a clause that, for example, "permits utility companies to continue using those portions of the property that are necessary for the existing utility services to remain operable." A contract provision relating to another type of easement might state as follows: "The property has a 'right of way' running through the southeast section of its grounds, which is clearly marked and allows the adjoining landowner to enter and exit his property as needed." Some disclosures about real estate are required by federal law, and some are required by state law. These disclosure requirements vary greatly from one state to the next. Some states require that you disclose only those defects of which you already have personal knowledge. Other states require a seller to actively search the property for any hidden defects so that they can be disclosed to the buyer. Common examples of defects that may be subject to disclosure are zoning issues, flooding, leaky pipes, and leaky roofs. Some sellers have an inspection done to make sure there are no problems or disclosures to make before putting the house up for sale. Probably the most common disclosure comes from the Residential Lead-Based Paint Hazard Reduction Act of 1992. This federal law applies only to houses being sold that were built prior to 1978. The seller must disclose to a buyer about the possibility of lead-based paint being used in the home. Most state laws provide for a specific standardized disclosure form to be filled out by the seller and given to the buyer. Both parties typically must sign and date the disclosure form. It is usually presented by the seller at the closing of the sale. The contract should contain detailed information about any contingency, or an event that can make the contract invalid if it occurs. The buyer would be free to walk away from the contract without penalty if the contingent event occurs. There are some common contingencies that many contracts contain. HSBO contracts are often contingent on the outcome of an inspection of the property. This type of contingency should outline the timeframe in which the inspection should occur. It also should set out which party is responsible for the costs of the inspection. This type of provision can refer to a general home inspection, or a specialized inspection, such as one that tests radon levels. An example of a contingency provision clause in a FSBO contract is as follows: "Buyer shall pay for a house inspection, to be conducted before closing. Renegotiation of the agreement will occur only if a major defect, which will cost more than $500.00 to remedy. If the defect would cost less than $500.00 to remedy, then the Buyer shall be responsible for the costs of remedying that defect." Another common contingency involves the ability of the buyer to get financing. Again, this type of contingency should describe the timeframe that the buyer has to find adequate financing. It may even give details such as the amount of financing that is needed and the name of the mortgage company or financial institution providing the financing. The contract also may contain a contingency based on the ability of the seller to obtain suitable housing. Sometimes, the seller wants to make sure that he or she has another place to live before the property is sold and possession given to the buyer. As a result, FSBO contracts may contain a contingency provision like this. The contract should contain information about what happens if either party terminates the contract, which might happen for a variety of reasons. For instance, the contract might provide that if the buyer terminates the contract, the seller will be entitled to receive the earnest money paid by the buyer. This provision might also detail the potential remedies for a party when the other party has defaulted on the contract, such as seeking relief through the court system. For instance, the contract might contain the following provision: "If Buyer breaches this Agreement or otherwise fails to purchase the property as agreed, Seller shall retain the earnest money paid by Buyer as liquidated damages or seek specific performance of the Agreement, at his discretion." This provision allows the Seller to either keep the earnest money paid and terminate the contract, or proceed to file a lawsuit against Buyer claiming a larger amount of damages than the earnest money that was paid. Likewise, a FSBO contract might contain the following clause in favor of the Buyer: "If Seller fails to deliver title to the property to Buyer at closing as contemplated by the Agreement, the Agreement shall terminate and the Buyer shall be entitled to a refund of any earnest money paid." This provision gives the Buyer a specific remedy if the Seller fails to perform the terms of the contract.
Describe any easements or restrictions on the property. Provide all required disclosures. Describe any contingencies. Give detailed information about the consequences of default.