Define: Guaranteed-Sale Contract

Guaranteed-Sale Contract
Guaranteed-Sale Contract
Quick Summary of Guaranteed-Sale Contract

A guaranteed-sale contract is a legally binding agreement between two or more parties, which can be in written or verbal form. This contract ensures that a particular item or property will be sold within a specified timeframe. In the event that the item or property is not sold, the seller is obligated to purchase it themselves. This type of contract is commonly utilised in real estate transactions.

Full Definition Of Guaranteed-Sale Contract

A guaranteed-sale contract is a legally binding agreement between two or more parties that outlines specific terms and conditions. For instance, a homeowner looking to sell their property quickly may enter into a guaranteed-sale contract with a real estate agent. This contract may include a guarantee from the agent to sell the property within a set timeframe, or else they will purchase the property themselves at a predetermined price. This type of contract exemplifies the concept of a contract as a legally enforceable agreement that creates obligations for all parties involved. Both the real estate agent and the homeowner are obligated to adhere to the terms of the contract and have legal recourse if the other party fails to fulfil their obligations.

Guaranteed-Sale Contract FAQ'S

A guaranteed-sale contract is a legally binding agreement between a seller and a buyer that guarantees the sale of a property within a specified period. If the property does not sell within that timeframe, the buyer is obligated to purchase it at an agreed-upon price.

Under a guaranteed-sale contract, the seller typically agrees to list their property exclusively with the buyer for a specific period. If the property does not sell within that time, the buyer is obligated to purchase it at a predetermined price, usually below market value.

Yes, guaranteed-sale contracts are generally enforceable as long as they meet the legal requirements of a valid contract, such as mutual consent, consideration, and lawful purpose. However, it is advisable to consult with a legal professional to ensure compliance with local laws and regulations.

In most cases, a seller cannot back out of a guaranteed-sale contract once it is signed, unless there are specific provisions allowing for termination or if both parties mutually agree to cancel the contract. Breaking the contract without a valid reason may result in legal consequences.

Typically, a buyer cannot back out of a guaranteed-sale contract unless there are specific provisions allowing for termination or if both parties mutually agree to cancel the contract. However, it is essential to review the contract terms and consult with a legal professional to understand the specific rights and obligations.

If the property sells before the guaranteed-sale contract expires, the contract is considered fulfilled, and the buyer is no longer obligated to purchase the property. The seller can proceed with the sale to the new buyer under the terms of the new agreement.

The price in a guaranteed-sale contract is typically predetermined and agreed upon by both parties before signing the contract. However, it is possible to negotiate the price if both parties are willing to make changes to the original agreement.

The financing options available to a buyer under a guaranteed-sale contract may vary depending on the terms agreed upon by both parties. It is essential to review the contract and consult with a financial advisor or lender to understand the financing options and requirements.

In most cases, a guaranteed-sale contract includes an exclusivity clause, which means the seller cannot list the property with other agents during the contract period. However, the specific terms may vary, so it is crucial to review the contract and consult with a legal professional for clarification.

If the buyer fails to purchase the property as agreed upon in the guaranteed-sale contract, the seller may have legal remedies available, such as seeking damages or specific performance. It is advisable to consult with a legal professional to understand the options and potential consequences in such situations.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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