Why Your Real Estate Contract Choice Matters in Silicon Valley
In most of California, the purchase agreement form used when writing an offer to buy residential real estate is the California Association of Realtors form, the Residential Purchase Agreement. Along the San Francisco Peninsula and in Silicon Valley, though, often we use another form, the Peninsula Regional Data Service purchase agreement (PRDS contract).
Does it matter which one you use? It certainly does!
While anything in the boilerplate can be modified (deleted or added to), the basic text is not identical from one to the next, and neither are the ramifications to buyer and seller. Here are a few examples:
- Property condition: one is an “as is” contract and the other requires that the property be delivered with a warrantee of condition (no leaks, no cracked glass, no structural defects in chimneys, all systems operational, etc.)
- Repairs in escrow: one says that repairs must be by a licensed contractor, the other that repairs must be done in workmanlike manner (can be done by anyone)
- Defaulting: one contract has more “teeth” with buyer or seller defaults than the other
There are pros and cons to each of these two forms. A skilled agent is “bilingual” in both, understands the strengths and weaknesses of each one, and can modify as needed the form to benefit the client. Let’s look at some examples of why it matters.
Apr.02.2008 [ Filed under: Home Buyers, Home Owners ] 9 Comments »



