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Escape Clause
Purchasing Columbia SC Real Estate

None of us can foretell the future, so when writing an offer for a Lake Murray real estate property or home in West Columbia, we always include contingency clauses to help protect our Buyer Clients against unforeseen circumstances. Insist on adding an 'escape clause' to your offer. This allows you to back out of an agreement without incurring any penalty or disadvantage. This clause should be already in the 'Offer and Acceptance' form supplied by your attorney or buyer's broker. If it isn't, ask him/her how to add it.

Such a clause might state you will go through with the deal, but only if certain other things happen. For example, you'll complete the purchase provided your partner or mortgage lender or attorney approves it.

The escape clause (often called a 'contingency' or 'contingency clause') in the Offer and Acceptance document serves only one purpose, to allow you the right to withdraw without any cost or further obligation to you. This is a matter you should cover in your preliminary talk with your attorney or buyer's broker. At the same time, seek advice on how to go about putting a deposit on the Columbia SC home you select. And keep in mind that an offer to purchase can be withdrawn at any time prior to acceptance, not closing, with or without an escape clause.

When it comes to handing over money, my own approach is one of caution. Even when protected by an escape clause, I believe it's wise to give the agent the smallest possible deposit (sometimes called an 'earnest money deposit' or a 'good faith' deposit). This is the money the agent looks for before he/she submits your offer. If you decide later to pull out of the deal, a properly worded contingency clause can guarantee you will get your money back. Without such a clause, you could forfeit your entire deposit.

This Home Buying Tip was excerpted from: Not One Dollar More!, by Joseph Eamon Cummins, Kells Media Group, 1995. ISBN# 0963821598

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