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Updated over 6 years ago,

User Stats

1,305
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525
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Mark S.
Pro Member
  • Rental Property Investor
  • Kentucky
525
Votes |
1,305
Posts

Is This Normal Language in Sales Contract?

Mark S.
Pro Member
  • Rental Property Investor
  • Kentucky
Posted

After attending a webinar last night with Maverick Investor Group, I was connected with a company called America's Housing Alliance out of Utah.  There was a property I'm interested in in St. Louis, MO, so I placed a reservation through Maverick's website and was immediately connected with the seller, America's Housing Alliance.  Someone from their organization promptly sent me several emails including wiring instructions for a $5,000 earnest money deposit and a link to DocuSign the Sales Contract.  Upon reviewing the contract, I am quite uncomfortable and noted the following points of concern:

1.) 3 calendar day inspection period - I feel this is far too short.

2.) $5,000 earnest money release clause: after inspection review period (currently at 3 calendar days), both parties need to sign a release to return funds to buyer if deal does not go through.  To me, this seems very one-sided and not in my favor.

3.) Property Condition: This is supposed to be a turnkey type of model, yet there is a clause in there that states:

“It is further agreed that the Seller has not warranted, and does not hereby warrant, that the Property or any improvements located thereon now or in the future will meet or comply with the requirements of any safety code or regulation of the state, city, county, or any other applicable jurisdiction or authority in which the Property is located or having authority over the Property.”

4.) Waivers:  It says that: "Buyer waives the following: (i) all rights to and obligations on the part of the Seller to provide to Buyer any and all disclosures, including any and all formal disclosure documents required by applicable state or federal law."  This just seems like me agreeing ahead of time to let the seller get away with things they otherwise wouldn't/shouldn't be able to.

5.) Risk of Loss: Pretty much says that buyer assumes all risk of loss after inspection period and this isn't a reason to back out of deal later.

Are these standard items/clauses in a sales contract?  Should I be concerned?  Part of me is thinking RUN now while I can, don't sign anything, and don't wire money.  The other part of me is wondering if I'm being too paranoid.  I've read mixed reviews about Maverick, haven't really had much time yet to research America's Housing Alliance, and cannot find any information about the property management company they're currently using, Vaughn Investments & Property Management, which is concerning.

Thanks in advance for your opinions.  I take what most BP members have to say quite seriously.

  • Mark S.
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