Generally speaking, who creates the real estate contract of sale?

In real estate transactions, the contract of sale is typically drafted by the selling attorney. This process involves creating a legally binding agreement that reflects the terms negotiated between the buyer and the seller. The attorney ensures that the contract complies with applicable laws and protects the interests of their client, whether that is the seller or the buyer.

Having an attorney draft the contract also allows for a thorough examination of the legal implications and the inclusion of necessary clauses that may be specific to the transaction. Attorneys are well-versed in real estate law and can anticipate potential issues that may arise, contributing to a more secure and enforceable agreement.

While real estate agents may provide templates or guidance based on their experience and market knowledge, they typically do not have the legal authority to create contracts. Their role is to facilitate communication and negotiations between the parties involved. Similarly, a buyer's attorney may review the contract after it has been drafted, but the primary responsibility for its creation rests with the selling attorney.

Overall, the selling attorney's expertise helps ensure that the contract effectively represents the transaction's details, which is crucial in protecting the rights of all parties involved.