As far as the contract, I've heard great points on both sides of the coin. Sure it may be nuts in a legal sense, but from a business perspective I really don't see how I could disagree with Vikram's post. I'm not saying the short contract will increase the bottom line, because I wouldn't know without having tried it, but from those who do say they are using the contract, it does seem to be working... which is probably why they use them. I will probably start off with the standard one then make the decision later on if I would be better off by switching.
Bob,
You will definitely want to get advice from people who actually know what they're talking about, but first off I want to clarify what you are saying. At first you say your attorney gave you a purchase contract and then later on you say he gave you an option to purchase contract. It sounds like your attorney wants you to first put an option on the property to tie it up, then use a full purchase contract if you find a buyer and decide to exercise the option.
Assuming that is the case, I believe that using an option rather than a straight PSA might show that you are less serious about the deal in the eyes of the seller. With the purchase contract, the seller is expecting their property to be sold at the end of the contract period so long as contingencies don't become an issue. With an option, there's no knowing whether or not you will exercise it, so the seller may want more earnest money or else they may think you're wasting their time. For $10, I think it would be crazy to let someone control your property for 30+ days which at the end of, they can simply say they're not interested. At least if you sign a purchase contract, the seller will think that you have fully committed to them and may be willing to accept $10 because they will assume you intend to close. Also, as I've said earlier, I think that at the end of the day the purchase contract really isn't much more than an option in disguise, in favor of the buyer. With so many different contingencies or weasel clauses that could be used, a purchase contract can basically guarantee a buyer an out if they so choose. This way, the seller THINKS you are fully obligated, when in reality, you aren't much more committed than you were with the option (unless you've waived the contingencies in the PSA)