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Want to lose a REO deal? Write the contract in legalese

Many contracts I receive from buyer’s agents are so full of unneccesary legalese that my clients feel like they have to hire a lawyer to interpret for them.  If you submit contracts with too much legal verbiage, it’s likely the an asset manager will just go to the next one.  With 400 – 500 files on an average manager’s desk, they don’t want to bring in their legal team to read your offer. 

But if you insist, here’s some language to help describe a very important home maintenance tip:

Such number as may be deemed necessary to perform the stated task in a timely and efficient manner within the strictures of the following agreement. Whereas the party of the first part, also known as ‘the brokers’ and the party of the second part, also known as ‘the light bulb’ do hereby agree to a transaction wherein the party of the second part (light bulb) shall be removed from the current position as a result of failure to perform previously agreed upon duties, i.e. the lighting, elucidation, and otherwise illumination ofthe area ranging from the front (North) door, through the entryway, terminating at an area just through the primary living area, demarcated by the beginning of the carpet, any spillover illumination being at the option of the party of the second part (light bulb) and not required by the aforementioned agreement between the parties. The aforementioned removal transaction shall include, but not be limited to, the following steps:

1. The party of the first part (broker) shall, with or without elevation at his option, by means of a chair, step stool, ladder or any other means of elevation, grasp the party of the second part (light bulb) and rotate the party of the second part (light bulb) in a counter clockwise direction, said direction being non-negotiable. Said grasping and rotation of the party of the second part (light bulb) shall be undertaken by the party of the first part (broker) to maintain the structural integrity of the party of the second part (light bulb), notwithstanding the aformentioned failure of the party of the second part (light bulb) to perform the customary and agreed upon duties. The foregoing notwithstanding, however, both parties stipulate that structural failure of the party of the second part (light bulb) may be incidental to the aforementioned failure to perform and in such case the party of the first part (broker) shall be held blameless for such structural failure insofar as the non-negotiable directional codicil (counter-clockwise) is observed by the party of the first part (broker) throughout.

2. Upon reaching a point where the party of the second part (light bulb) becomes seperated from the party of the third part (‘receptacle’), the party of the first part shall have the option of disposing of the party of the second part (light bulb) in a manner consistent with all applicable state, local, and federal statutes.

3. Once seperation and disposal have been achieved, the party of the first part (broker) shall have the option of beginning the installation of the party of the fourth part (‘new light bulb’). This installation shall occur in a manner consistent with the reverse procedures described in step one of this self same document, being careful to note that the rotation should occur in a clockwise direction, said direction also being non-negotiable and only until the party of the fourth part (new light bulb) becomes snug in the party of the third part (receptacle) and in fact becomes the party of the second part (light bulb).

Note: The above described steps may be performed, at the option of the party of the first part (broker), by said party of the first part (broker), or by his or her heirs and assigns, or by any and all persons authorized by him or her to do som the objective being to produce a level of illumination in the immediate vicinity of the aforementioned front (North) door consistent with maximisation of ingress and revenue for the party of the fifth part, also known as ‘The Real Estate Agency’.

The Arizona Residential Purchase Contract has been vetted by dozens of qualified real estate attorneys and hundreds of agents to include the right language to protect all parties in the transaction.  Adding your own terms is usually unnecessary and counterproductive, although it may impress your buyer client until they lose their deal.  KISS.

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