Many real estate contracts now contain a « mediation clause » in the agreement. This means that the parties, usually buyers and sellers, agree to mediate by the objective intervention of a neutral party, the « mediator », or to try to reach a peaceful solution or compromise between them. Given the high cost of litigation, mediation is often seen as an inexpensive way to resolve many real estate disputes. Mediation can cover common problems such as. B problems related to misrepresentation of the seller in the condition of the property or other violations of the interpretation of the clauses in the contract. For example, you may find that the roof leaked strongly after the first rain after the purchase and you get the impression that the seller misrepresented the house by not disclosing this defect. You can either hire a lawyer or contact the seller himself and indicate the intermediation clause in your contract, which required both parties to settle any disputes. Below is a mediation clause that can be used. Find out about your government and local laws before you put new clauses in your purchase or sale agreement. If you have any doubts, you have a lawyer who develops the agreement and verifies its provisions An inspection quota (also known as « emergency due diligence ») gives the buyer the right to have the house inspected within a specified time frame, such as five to seven days. It protects the buyer who can terminate the contract or negotiate repairs based on the findings of a professional inspector. An inspector examines the interior and exterior of the dwelling, including the condition of electrical, finishing, plumbing, structural and ventilation elements. The inspector reports to the buyer on the problems identified during the inspection.
Depending on the specific conditions of the inspection quota, the buyer can: emergency clauses « protect buyers and sellers by giving them the right to terminate a contract if the conditions are not met, » says Carlos Del Rio, a Chicago real estate lawyer. As a general rule, the emergency transaction clause prohibits the seller from accepting other home offers for a certain period of time.