The South Carolina Real Estate Contract 310 form is a critical document designed to outline the agreement between a buyer and seller in the transaction of residential property. It encompasses various important aspects such as the identification of the parties involved, property details, terms of sale, inspection rights, and closing conditions, ensuring that both parties are fully aware of their commitments and the property in question. For those looking to navigate the complexities of buying or selling residential real estate in South Carolina, understanding this form is essential. Ready to get started? Click the button below to fill out your Form 310.
The South Carolina Real Estate Contract 310 form is a comprehensive document designed to formalize the agreement between a buyer and seller for the purchase and sale of residential real estate. It provides a legally binding framework that outlines the details of the transaction, ensuring both parties understand their obligations and the terms of the deal. From identifying the parties involved to detailing the property's specifics, such as location, improvements, and fixtures, this form serves as the foundation for the transaction. It addresses a wide array of considerations including, but not limited to, the method of payment, earnest money deposit handling, the obligations for obtaining financing, and the responsibilities for closing costs. Additionally, it delves into the condition of the property, necessitating disclosures about its state, and outlines procedures for inspections, repairs, and adjustments in the purchase price based on appraisal values. Furthermore, the contract includes clauses on risk of loss or damage, default consequences, and mediation in the event of disputes, ensuring a comprehensive coverage of potential issues. The incorporation of provisions regarding the use of electronic means for communication and the handling of earnest money interest or contributions underscores the form's attention to modern transaction practices and legal considerations. This multifaceted document ultimately ensures that the sale proceeds in a clear, agreed-upon manner, protecting the interests of all parties involved.
AGREEMENT TO BUY AND SELL REAL ESTATE
RESIDENTIAL
1. PARTIES: This legally binding Agreement entered into on
,20
between, Buyer(s),
,(hereinafter called "BUYER"), and
Seller(s),
,(hereinafter called ”SELLER”). The
property shall be deeded in the name(s) of
2.PROPERTY TO BE SOLD: Subject to terms and conditions herein, Seller agrees to sell and Buyer agrees to buy the following described property with improvements and fixtures thereon:
Lot
Block
Section
Subdivision
Address
Tax Map #______________________________________________City
Zip
County of
, State of South Carolina.
public water or
Seller represents that the property is connected to [
]
public sewer system or to [
] septic tank or to
[ ]
.
to [
well system or to [
] other
No personal property will convey as a part of this sale, except as described:
3.CONVEYANCE SHALL BE MADE: Conveyance shall be made subject to all easements as well as covenants of record (provided they do not make the title unmarketable) and to all governmental statutes, ordinances, rules and regulations. Seller agrees to convey by marketable title and deliver a proper general warranty deed, if applicable, free of encumbrances, except as herein stated. Seller agrees to pay all statutory deed recording fees. The deed shall be delivered at the stipulated place
of closing, and transaction closed on or before, 20 , not later than 9:00 p.m. Time is of the
essence. Seller and Buyer authorize their respective attorneys and the settlement agent to furnish to Listing Broker and Selling Broker copies of the final HUD-1 settlement statement for the transaction for their review prior to closing.
4.POSSESSION: Possession of said property will be given to Buyer at the time of closing. Seller agrees to deliver property free of debris and in a clean condition. The property, including but not limited to, landscaping and lawn, shall be maintained in the same condition from the effective date of this agreement until possession is delivered, ordinary wear and tear excepted. Possession by Buyer before closing or by Seller after closing shall be subject to the terms and conditions of a separate agreement to be executed prior to closing or occupancy.
5. PURCHASE PRICE shall be
dollars, $
6. METHOD OF PAYMENT: Purchase price shall be paid as follows: [ ] Cash; or [
] Subject to Financing. Financing to
be obtained by [ ] Conventional [ ] Seller [ ] VA [ ] FHA [ ] Other terms:
7. EARNEST MONEY: This offer is accompanied by an earnest money deposit of $
Buyer and Seller authorize, as Escrow Agent, to hold and disburse earnest money according to the terms of this agreement. Earnest money paid by [] Cash, [] Check, or [] Other. Broker does not guarantee payment of a check or checks accepted as earnest money. All escrow money received shall be deposited as required by South Carolina law and South Carolina Real Estate Commission Rules and Regulations. At the consummation of this sale, the earnest money deposit shall be credited to the Buyer.
THE PARTIES UNDERSTAND THAT, UNDER ALL CIRCUMSTANCES, INCLUDING DEFAULT, THE ESCROW AGENT HOLDING THE EARNEST MONEY DEPOSIT WILL NOT DISBURSE IT TO EITHER PARTY UNTIL BOTH PARTIES HAVE EXECUTED AN AGREEMENT AUTHORIZING THE DISBURSEMENT OR UNTIL A COURT OF COMPETENT JURISDICTION HAS DIRECTED A DISBURSEMENT.
[_____] BUYER [_____] BUYER [_____] SELLER [_____] SELLER HAVE READ THIS PAGE
FORM 310 PAGE 1 of 6
8. LOAN PROCESSING AND APPLICATION: Buyer's obligation under this agreement is contingent on Buyer obtaining
said loan. Buyer shall apply for a
% loan (loan-to-value ratio) within
days from the execution of this
Agreement and shall provide Seller with satisfactory loan approval within
days. Time is of the essence. Should
the Buyer fail to make loan application or receive approval within said period, and to diligently pursue the application, the Seller shall have the option to terminate this Agreement, with written notice. Buyer also agrees to provide all documents or information requested by the lending company in a prompt and timely manner. Buyer will take any action that is needed or requested by Lender to process the loan application. Buyer further hereby gives permission to Lender to disclose pertinent information concerning the Buyer's credit-worthiness or any other information needed for the loan processing to the listing or cooperating broker(s) or agent(s). If Buyer fails to comply with these above conditions, Buyer shall be in default of this agreement subject to the terms of paragraph 16.
FHA Mortgage Insurance [] will [ ] will not be added to the mortgage. VA funding fee [ ] will [ ] will not be added to the mortgage.
9.CLOSING COSTS: Unless otherwise agreed, closing costs, including all loan charges and prepaid recurring items, shall be paid as follows:
(a) SELLER shall provide or pay for preparation of deed, any recording charge based on value of property, and all costs necessary to deliver a marketable title, including recording of satisfactions and property taxes to the day of closing.
(b) BUYER shall pay, unless otherwise agreed herein, the cost of the Buyer’s credit report, property insurance, appraisal, survey, cost of obtaining loan, discount points, title examination, escrow deposits, and prepaid expenses. The Buyer shall also pay, if applicable, interim interest and mortgage insurance premium or VA funding fee. Buyer’s hazard insurance policy shall provide coverage as required by lender. Other terms:
10.HOME PROTECTION PLAN COVERAGE: Both parties understand that a third party home warranty Plan [] will [] will not be issued at closing. If applicable, the warranty premium will be paid at closing by the [] Buyer or [] Seller not to
exceed $
11. EXPIRATION OF OFFER: The offer from Buyer shall be withdrawn at
o'clock
M.
on
unless accepted or countered by Seller in written form prior to such time. Time is of
the essence.
12.EXTENSION AGREEMENT: If the transaction has not closed within the stipulated time limit because a contingency has not been satisfied through no fault of either party, then both parties agree to extend this agreement for a period not to exceed consecutive days from the original closing date. Closing shall occur within this time extension, but in no
event shall closing occur later than the above extension date. Time is of the essence.
13.ADJUSTMENTS: Taxes, water, all sewer assessments, sewer charges, fuel oil, rents as when collected, insurance premiums, if applicable, and other assessments, including homeowner's association fees, shall be adjusted as of the date of closing. Tax prorations pursuant to this Agreement are to be based on the tax information available on the date of closing, and are to be prorated on that basis. BUYER TO BE RESPONSIBLE FOR APPLYING FOR ANY APPLICABLE TAX EXEMPTIONS. Property taxes and rent, as well as other expenses and income of the property, if applicable, shall be apportioned to the date of closing. Annual expenses or income shall be apportioned using 365 days. Monthly property expenses or income shall be apportioned by the number of days in month of closing. Prorations at closing shall be final.
14.NON-RESIDENT TAX: Seller covenants and agrees to comply with the provisions of South Carolina Code Section 12-8-
580(as amended) regarding withholding requirements of sellers who are not residents of South Carolina as defined in the said statute.
15.RISK OF LOSS OR DAMAGE: In case the property herein referred to is destroyed wholly or partially by fire or other casualty prior to delivery of deed, Buyer or Seller shall have the option for ten (10) days thereafter of proceeding hereunder, or of terminating this Agreement.
16.DEFAULT: If Buyer or Seller fails to perform any covenant of this Agreement, the other may elect to seek any remedy provided by law, including but not limited to attorney fees and actual costs incurred (as defined in paragraph 17), or terminate this Agreement with a five day written notice. If terminated, both parties shall execute a written release of the other from this contract and both shall agree to hold the Escrow Agent harmless. If either Buyer or Seller refuses to execute release, Escrow Agent will hold the earnest money in trust until said releases are executed or until a court of competent jurisdiction dictates legal disposition.
FORM 310 PAGE 2 of 6
17.ACTUAL COST INCURRED shall include all costs and expenses incurred or obligated for by Buyer, Seller or Broker in an effort to consummate this sale. Such costs shall include, but are not limited to, cost of credit report, appraisal, survey, inspections and reports, title examination, and Broker's fee or commission for this sale.
18.SURVEY, TITLE EXAMINATION, AND INSURANCE: The Listing and Cooperating Broker(s) and their Agent(s) recommend that Buyer have a survey of the subject property made, have examination as to the title to the property, obtain owner's title insurance, and that Buyer obtain appropriate hazard insurance coverage effective with the time of closing. All hazard insurance to be canceled and new policies furnished by Buyer at closing unless otherwise stipulated in this Agreement. Flood insurance, if required by Lender, at Buyer's option shall be assigned to Buyer with permission of carrier, and premium prorated to date of closing.
19.CONDITION OF PROPERTY:
(A)Seller’s Property Condition Disclosure Statement: (check one)
[] Buyer and Seller agree that Seller will not complete nor provide Buyer a Seller’s Property Condition Disclosure statement in accordance with South Carolina Code of Laws, as amended, Section 27-50-30, Paragraph (13).
[] Buyer and Seller agree that a Seller’s Property Condition Disclosure statement, as required by South Carolina Code of Laws, as amended, Section 27-50-10, et.seq., has been provided to Buyer by Seller prior to the ratification of this agreement. If the Seller discovers, after his delivery of a disclosure statement to a Buyer, a material inaccuracy in the disclosure statement or the disclosure is rendered inaccurate in a material way by the occurrence of some event or circumstance, the Seller shall correct promptly the inaccuracy by delivering a corrected disclosure statement to the Buyer or make reasonable repairs necessitated by the occurrence before closing. Buyer understands that the Seller’s Property Condition Disclosure statement is not intended to replace a professional home inspection. Buyer understands and agrees that the Seller’s Property Condition Disclosure statement contains statements made solely by the Seller. The Buyer and Seller agree that the Listing and Selling Broker and all affiliated agents are not responsible for the accuracy of any information contained in the Seller’s Property Condition Disclosure statement. The Buyer and Seller understand and agree that the Listing and Selling Broker and all affiliated agents haVE fully met the requirements of Section 27-50-70 of the South Carolina Code of Laws, as amended.
(B)Inspection: Buyer at Buyer's expense shall have the privilege and responsibility of inspecting the structure, square footage, environmental concerns including but not limited to radon gas, lead-based paint and lead-based paint hazards, wetlands study, appurtenant buildings, heating, air conditioning, electrical and plumbing systems as well as built-in appurtenant equipment or appliances prior to the day of closing or possession. In the event repairs are necessary to place the heating system, air conditioning, plumbing, and electrical system to be conveyed in operative condition and to make the
roof free of leaks, and the dwelling structurally sound, the Seller shall be notified within consecutive days after both
parties have signed this Agreement. Time is of the essence. If Buyer fails to notify Seller within this time, Buyer shall have waived any and all rights under the terms of this paragraph. If Lender's commitment requires any additional inspections or certifications, these are to be provided by Buyer.
(C)Maintenance: After any inspection by Buyer and after repairs, if any, made as a result of any such inspection, the Seller agrees to maintain the heating, air conditioning, plumbing, and electrical systems, as well as all appliances to be conveyed in operative condition, normal wear and tear excepted, until the day of closing or the day possession is given, whichever occurs first. Seller agrees to maintain the property, including lawn, shrubbery and grounds until the day of closing or possession, whichever occurs first.
(D)Wood Infestation Report: If the property to be sold has been previously occupied, [ ] The Buyer [ ] The Seller shall, at their expense, have the property inspected and shall obtain a current Wood Infestation Report (CL100) from a licensed and
bonded pest control operator, on or before, 20 . Time is of the essence. If Buyer fails to have
the property inspected by this date, Buyer shall have waived any and all rights under the terms of this paragraph. The Seller makes no warranties with regard to matters covered by such report or any other improvement unless specifically stated in this agreement. If the infestation report reveals the presence of or damage by termite infestation or other wood destroying organisms, Seller shall remedy such deficiencies and shall furnish Buyer with a report of a qualified inspector that property is free from infestation or damage herein mentioned or that infestation or damage has been treated and/or repaired as appropriate in a workmanlike manner on or before closing.
If the property to be sold has not been previously occupied, Seller shall certify that the dwelling has been treated by soil poisoning for the prevention of termites and other wood destroying organisms and shall provide the Buyer, at closing, a written certification from a licensed pest control operator.
FORM 310 PAGE 3 of 6
(E)Repairs: The cost of all repairs to heating system, air conditioning, plumbing, and electrical system to be conveyed, and to make the roof free of leaks, and the dwelling structurally sound and wood infestation treatment, if any, required by section
(D)above, to be paid by Seller. If the Seller refuses to make these repairs and treatment, the Buyer shall have the option to
(1) accept the property in its present condition, (2) negotiate with the Seller for the payment of these repairs and treatment, or
(3) terminate this Agreement, subject to paragraph 7. The repairs to any other items are the sole responsibility of Buyer. The obligations of Seller under paragraph 19 terminate on the day of closing or on the day possession is given, whichever occurs first.
(F)Residential Dwellings Built before 1978: (check one of the following)
[] This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or lead-based paint hazards which shall be done, at the Buyer’s expense, by midnight on the tenth day after
ratification of this contract or by midnight on, 20 . (Intact lead-based paint that is in
good condition is not necessarily a hazard. See EPA pamphlet “Protect Your Family From Lead in Your Home” for more information). This contingency will terminate at the above predetermined deadline unless the Buyer (or Buyer’s agent) delivers to the Seller (or Seller’s agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment
report. The Seller may, at the Seller’s option, within days after Delivery of the addendum, elect in
writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs or if the Seller makes a
counter-offer, the Buyer shall have days to respond to the counter-offer or remove this contingency
and take the property in “as-is” condition or this contract shall become void. Upon such termination, the earnest money deposit of Buyer shall be returned to Buyer and neither party shall have any further rights hereunder. The Buyer may remove this contingency at any time without cause; or
[] Buyer waives the opportunity to conduct a risk assessment or inspection for lead-based paint and/or lead-based paint hazards.
(G)Megan’s Law: The Buyer and Seller agree that the Listing and Selling Broker and all affiliated agents are not responsible for obtaining or disclosing any information contained in the South Carolina Sex Offender Registry. The Buyer and Seller agree that no course of action may be brought against the Listing and Selling Broker and all affiliated agents for failure to obtain or disclose any information contained in the South Carolina Sex Offender Registry. The Buyer agrees that the Buyer has the sole responsibility to obtain any such information. The Buyer understands that Sex Offender Registry information may be obtained from the local sheriff’s department or other appropriate law enforcement officials.
(H)Disclaimer: The Buyer acknowledges the Seller, except as provided in subparagraphs (B), (C), (D), and (E) of this section, gives no guarantee or warranty of any kind, expressed or implied, as to the physical condition of the property or to the conditions of or existence of improvements, services, appliances or system thereto, or as to merchantability or fitness for a particular purpose as to the property or improvements thereof, and any implied warranty is hereby disclaimed by the Seller. Neither Buyer nor Seller will hold Cooperating or Listing Broker responsible for any act of negligence or intent by any inspection or repair company employed by Seller or Buyer for the purposes of this agreement. The Seller is not required to make any repairs under any circumstances until Purchaser’s financing has been approved.
20.APPRAISED VALUE: (check one)
[]
This agreement is not contingent on the lot or parcel with building and improvements thereon, if any, appraising, according to the lender's appraisal or other appraisal as agreed, for the selling price.
This agreement is contingent on the lot or parcel with building and improvements thereon, if any, appraising, according to the lender's appraisal or other appraisal as agreed, for the selling price or more; if the lot or parcel with building and improvements thereon appraises for less than the selling price, the seller may elect to sell for the appraised value. In such case, the Buyer agrees to proceed with the consummation of this sale at the reduced price. However, if Seller does not agree to sell at the appraised value, the Buyer shall have the option of proceeding with the consummation of the Agreement without regard to the amount of the appraised valuation, or terminate the agreement without penalty.
FORM 310 PAGE 4 of 6
21.DISCLAIMER BY BROKERS AND AGENTS: The parties acknowledge that the Listing and Cooperating Broker(s) and their Agent(s): (1) Give no guaranty or warranty of any kind, express or implied, as to the physical condition of the property or as to condition of or existence of improvement services or systems, thereto, included but not limited to termite damage, roof, basement, appliances, heating and air conditioning systems, plumbing, sewage, electric systems, and to the structure; (2) Give no warranty, express or implied, as to the merchantability or fitness for a particular purpose as to the property or such improvements thereto and any implied warranty hereby disclaimed; (3) Give no warranty as to title; (4) Give no guaranty on warranty concerning (a) any certification or inspection concerning the condition of the property, (b) any matters which would be reflected by current survey of the property, and (c) the accuracy of the published square footage of the property; (5) Buyer acknowledges that Seller and Seller's Agents have not made any oral or written commitments to Buyer regarding (a) projected income or economic benefit for Buyer from rentals; (b) rental arrangements except that Buyer may rent the unit if Buyer so desires or (c) other economic benefits to the Buyer.
22.COASTAL TIDELANDS & WETLANDS ACT: In the event the property is affected by the provisions of the South Carolina Coastal Tidelands & Wetlands Act (Section 48-39-10, et seq., South Carolina Code of Laws), an Addendum will be
attached to this Agreement incorporating the required disclosures at [ ] Buyer’s [ ] Seller’s expense.
23.MEDIATION CLAUSE. Any dispute or claim arising out of or relating to this Agreement, the breach of this Agreement or the services provided in relation to this Agreement, shall be submitted to mediation in accordance with the Rules and Procedures of the Dispute Resolution System of the NATIONAL ASSOCIATION OF REALTORS®. Disputes shall include representations made by the Buyer(s), Seller(s) or any real estate broker or other person or entity in connection with the sale, purchase, financing, condition or other aspect of the property to which this Agreement pertains, including without limitation allegations of concealment, misrepresentation, negligence and/or fraud. Any agreement signed by the parties pursuant to the mediation conference shall be binding.
This mediation clause shall survive for a period of 120 days after the date of the closing. The following matters are excluded from mediation hereunder: (a) judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or land contract; (b) an unlawful detainer action; (c) the filing or enforcement of a mechanic's lien; (d) any matter which is within the jurisdiction of a probate court; (e) the filing of a interpleader action to resolve earnest money disputes. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to mediate under this provision, nor shall it constitute a breach of the duty to mediate.
24. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.
25.ENTIRE BINDING AGREEMENT: This written instrument, including the additional terms and conditions set forth on the reverse, expresses the entire agreement and all promises, covenants, and warranties between the Buyer and Seller. It can be changed only by a subsequently written instrument signed by both parties. Both Buyer and Seller hereby acknowledge that they have not received or relied upon any statements or representations by either Broker or their agents which are not expressly stipulated herein. The benefits and obligations shall inure to and bind the parties hereto and their heirs, assigns, successors, executors, or administrators. Whenever used, singular includes plural, and use of any gender shall include all.
26.FACSIMILE AND OTHER ELECTRONIC MEANS: The parties agree that the offer, any counteroffer and/or acceptance of any offer or counteroffer may be communicated by use of a fax or other secure electronic means, including but not limited to electronic mail and the internet, and the signatures, initials and handwritten or typewritten modifications to any of the foregoing shall be deemed to be valid and binding upon the parties as if the original signatures, initials and handwritten or typewritten modifications were present on the documents in the handwriting of each party.
27.TRUST ACCOUNT INTEREST/CHARITABLE CONTRIBUTION: According to the rules and regulations of the South Carolina Real Estate Commission and the Code of Laws of South Carolina, 1976, as amended, any interest earned on Buyer’s earnest money deposit would belong to Buyer until the closing of the transaction referenced in this agreement. It is understood that Broker may place deposited earnest monies into an interest bearing trust account and that Broker will retain all interest incurred in said account in which case all interest earned on Broker’s interest bearing trust account shall be donated on a regular basis to a charity of Broker’s choice.
28.CONTINGENCIES: These stipulations shall preempt printed matter herein: (attach and reference addendum if necessary)
FORM 310 PAGE 5 of 6
THIS IS A LEGALLY BINDING AGREEMENT. BOTH BUYER AND SELLER SHALL SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. BOTH BUYER AND SELLER ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. ALL TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT SURVIVE CLOSING UNLESS OTHERWISE SPECIFIED.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties.
BUYER:
Date
Time
WITNESS:
SELLER:
LISTING AGENT AND COMPANY
SELLING AGENT AND COMPANY
ESCROW AGENT ACKNOWLEDGMENT
The foregoing form is available for use by the entire real estate industry. The use of the form is not intended to identify the user as a REALTOR®. REALTOR® is the registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. Expressly prohibited is the duplication or reproduction of such form or the use of the name "South Carolina Association of REALTORS®" in connection with any written form without the prior written consent of the South Carolina Association of REALTORS®. The foregoing form may not be edited, revised, or changed without the prior written
consent of the South Carolina Association of REALTORS®.
© 2003 South Carolina Association of REALTORS®. 1/03
THIS FORM HAS BEEN BEEN DOWNLOADED FROM CHARLESTON REAL ESTATE GUIDE.COM.
FORM 310 PAGE 6 of 6
Filling out the South Carolina Real Estate Contract 310 form is a crucial step in the process of buying or selling residential property. It outlines the terms and conditions under which the property will change hands. To ensure this form is completed accurately, follow these detailed instructions. This will help both parties to avoid misunderstandings and facilitate a smoother transaction.
Upon successful completion and signatures from all parties involved, the South Carolina Real Estate Contract 310 form will set the legal framework for the transaction. Remember, this form is just one step in the process. Following its execution, further actions such as inspections, appraisals, and fulfilling financial stipulations will need to be taken to bring the transaction to a successful close. It's highly recommended to consult with a real estate professional or legal advisor to ensure all steps are properly completed and understood.
The South Carolina Real Estate Contract 310 form is a standardized agreement designed for transactions involving the buying and selling of residential real estate in South Carolina. It outlines the terms and conditions agreed upon by the buyer(s) and seller(s), including details about the property, sale price, payment method, and closing details. This document serves as a legally binding contract once it's signed by all parties involved.
Each party involved in the real estate transaction, including all buyers and sellers named in the agreement, must sign the Contract 310 form. Their signatures indicate understanding and acceptance of the contract's terms and conditions. It's not just a formality; these signatures legally bind the parties to the contract's stipulations.
Yes, the Contract 310 explicitly provides the buyer with the privilege and responsibility of conducting inspections on various aspects of the property, such as structure, environmental concerns, and built-in appliances, among others. Inspections must be completed at the buyer's expense by a specified date mentioned in the agreement. Should any necessary repairs be identified, the seller must be notified within a designated time frame, allowing the buyer to request repairs, accept the property as is, or negotiate further.
Yes, the Contract 310 form includes provisions for adjusting the sale price if the appraised value is lower than the agreed sale price. Should the appraisal come in lower, the seller has the option to sell at the appraised value. The buyer can then proceed with the purchase at the reduced price or choose to terminate the agreement without penalty if the seller does not agree to adjust the price. This clause ensures that both buyer and seller have options if the appraised value doesn't meet expectations.
If either the buyer or seller fails to fulfill their obligations under the Contract 310, the non-defaulting party has the right to seek legal remedies, including attorney fees and actual costs incurred. The contract allows for termination with a five-day written notice. Upon termination, both parties must execute a written release, absolving each other and the escrow agent from further liability under this contract. If a release is not mutually agreed upon, the earnest money will be held in trust until an agreement is reached or a court makes a legal decision regarding its disposition.
Filling out the South Carolina Real Estate Contract 310 form requires attention to detail and a clear understanding of the agreement's terms and conditions. Here are five common mistakes people make when completing this form:
Not specifying the correct property details: The form requires detailed information about the property, including the lot, block, section, subdivision, address, tax map number, city, zip, and county. Overlooking any of these details or providing inaccurate information can lead to significant misunderstandings or legal disputes down the line.
Failure to accurately describe the property to be conveyed: Any personal property intended to convey as part of the sale must be listed explicitly. Omissions or assumptions about what is included can result in disagreements between the buyer and seller.
Overlooking required disclosures: Sellers are obligated to make certain disclosures about the property's condition, such as the Seller’s Property Condition Disclosure Statement. Buyers and sellers sometimes neglect to provide or correctly complete these disclosures, risking future disputes and potential deal breakdowns.
Incorrect handling of earnest money: The form outlines the handling of earnest money deposits, including the amount and method of payment. Errors in this section, such as not following South Carolina law for depositing and disbursing earnest money, can complicate transactions and lead to legal challenges.
Not adhering to timelines for loan application and approval: The contract specifies deadlines for applying for and obtaining loan approval. Failure to accurately track and meet these deadlines can result in the buyer being in default of the agreement, potentially leading to the forfeiture of the earnest money deposit or the collapse of the sale itself.
Avoiding these mistakes requires both parties to review the contract carefully, ensure all information is accurate, and comply with all specified deadlines and legal requirements. Engaging a real estate attorney to review the contract can also help prevent these common errors.
When navigating the complex journey of buying or selling real estate in South Carolina, particularly with the South Carolina Real Estate Contract 310 form, several additional documents and forms often play crucial roles. These documents ensure a smooth transaction, protect the interests of both parties, and comply with legal requirements. The following list details some of these critical documents, offering a brief description of each:
Each of these documents serves a distinct and valuable purpose, contributing to the transparent, fair, and smooth execution of real estate transactions in South Carolina. Whether you are a buyer or a seller, understanding these forms and ensuring their accurate and timely completion can significantly enhance the security and efficiency of your real estate experience.
The Bilateral Real Estate Sales Agreement is similar because it also outlines the terms and conditions between a buyer and seller for the transfer of real estate property.
The Residential Lease Agreement, while primarily for renting properties, shares similarities with Form 310, such as maintenance obligations and conditions for the property, but it differs in its focus on leasing rather than selling.
The Property Disclosure Statement is akin to the Form 310 sections requiring the seller to disclose the condition of the property. Both documents ensure the buyer is fully informed about the property's state before purchasing.
The Deed of Trust or Mortgage Agreement complements Form 310 by detailing the financing terms under which the buyer will pay the seller (or lender), outlining the legal ramifications of failing to make those payments.
The Home Inspection Report is closely related to the inspection clauses in Form 310, which allow the buyer to inspect the property. Both documents play critical roles in assessing the property’s condition.
The Amendment to Real Estate Contract is similar to extensions or modifications agreed upon in Form 310, allowing both parties to modify the terms of the agreement before closing.
The Title Insurance Policy parallels Form 310’s sections on marketable title, guaranteeing the property is free of liens or claims, and ensuring the buyer receives a clear title.
The Loan Application Form ties into the financing contingency section of Form 310, detailing the buyer's financial information and the loan they are seeking to fulfill the purchase price obligation.
The Settlement Statement (HUD-1) closely relates to the closing process outlined in Form 310, itemizing the financial transactions completed during closing, including loan fees, property taxes, and other charges.
The Non-Resident Tax Withholding Form is relevant to the section of Form 310 that mentions compliance with South Carolina Code regarding non-resident sellers, ensuring proper taxes are withheld and remitted.
When completing the South Carolina Real Estate Contract 310 form, it's crucial to navigate the process accurately to ensure a smooth property transaction. Here are six things you should do:
Conversely, here are six things you should avoid doing:
Adhering to these guidelines can help in avoiding common pitfalls and ensuring that the real estate transaction proceeds as smoothly as possible.
When navigating the complexities of the South Carolina Real Estate Contract 310 form, a number of misconceptions can arise, leading to confusion and potential disputes between buyers and sellers. Understanding the truth behind these common misunderstandings is crucial for a smooth real estate transaction.
Misconceptions and their Clarifications:
Clearing up these misconceptions is vital for anyone involved in a real estate transaction in South Carolina. Both buyers and sellers should thoroughly review and understand the South Carolina Real Estate Contract 310 form to ensure their rights are protected and the transaction proceeds smoothly.
Filling out and using the South Carolina Real Estate Contract 310 form is a critical step in a residential property transaction. Below are key takeaways designed to guide both buyers and sellers through this process:
Thorough understanding and careful completion of the South Carolina Real Estate Contract 310 form can significantly contribute to protecting the rights and interests of both buyers and sellers in real estate transactions.
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