So, the contract that we all have been using to buy and sell residential real estate in SC has changed as of June 13. The forms and contracts committee has been reviewing and revising the current contract that we have been using for the last several years. I’m also grateful to have one of the instrumental people on the forms committee as our CEO. This change is here, so we all need to be prepared to use it, and understand how it affects you as a buyer or seller.
The biggest change to note is the removal of the inspections and repair process, and changing it all to a due diligence process. A main idea behind it is that contracts should stay together more often than not with that process, and should not fall apart with negotiations on repairs, as it can/could with an inspection/repair process.
With due diligence, the buyer has at minimum a termination fee at stake if they decide to walk away before the end of the due diligence period. They can inspect as much or as little as they want in that period, make repair requests if they choose to, but the seller doesn’t have to do them if they don’t want to. They could take the termination fee and put their house right back on the market.
There is of course more to all of this, and the important take away is to be ready for it, and understand how it affects your strategy as a seller or as a buyer. The termination fee has existed for due diligence contracts now, so that part is not new. Really knowing what your offer says to the other side to land the contract is the crucial part. Feel free and reach out to me for more on it!
-Matt