In real estate, "if it isn't in writing, it doesn't exist." Putting a deal on paper is the only way to turn a handshake into a legal obligation. Here is how it protects both parties:
1. Protecting Your Client
- Enforceability: It ensures the seller can’t just walk away if a higher offer comes in, and the buyer can’t back out without consequences.
- Clear Terms: It defines the "who, what, when, and how much”.
- Contingencies: Allows your client to cancel the deal and get their deposit back if something goes wrong.
2. Protecting Your Commission
- Proof of Procurement: This establishes that you were the one who brought the parties together. Without it, a client could bypass you at the last minute to avoid paying the fee.
- Defined Payday: The contract specifies exactly how much you get paid and under what conditions. It prevents delays in getting paid your commissions.
- Legal Recourse: It gives you the standing to file a lien or take legal action to recover your earnings if a client defaults on paying you commission.