Crazy Things About Real Estate: Unearthing the Strangest Clauses in Contracts

Real estate. The very words conjure images of picket fences, dream homes, and investment opportunities. But beneath the surface of this seemingly straightforward world lies a labyrinth of legal documents, filled with clauses and stipulations that can range from the mundane to the utterly bizarre. Buying or selling a property is a significant transaction, and the contract is the bedrock upon which the entire deal rests. That contract dictates the terms, conditions, and obligations of all parties involved. While many clauses are standard fare, some are downright strange. Let’s delve into the fascinating world of unusual clauses found in real estate contracts and uncover the secrets they hold.

The Importance of a Real Estate Contract

Before we dive into the weird and wonderful, let’s quickly recap why real estate contracts are so important. A real estate contract is a legally binding agreement that outlines the terms of a property transaction. It protects both the buyer and the seller by clearly defining their rights and responsibilities. Without a well-drafted contract, misunderstandings, disputes, and even legal battles can arise, potentially derailing the entire deal. The contract typically includes details such as the purchase price, closing date, property description, financing terms, and any contingencies that must be met before the sale can proceed. This document is the blueprint for the transaction and should be reviewed carefully by all parties involved, preferably with the help of a real estate attorney.

Contingencies: The Escape Hatches

Contingencies are conditions that must be satisfied for the contract to remain in effect. They are essentially escape hatches for buyers (and sometimes sellers) that allow them to back out of the deal without penalty if certain circumstances arise. Standard contingencies include financing contingencies (allowing the buyer to cancel if they cannot secure a mortgage), inspection contingencies (allowing the buyer to cancel if significant problems are found during a property inspection), and appraisal contingencies (allowing the buyer to cancel if the property appraises for less than the purchase price). However, some contingencies are far from standard.

The Quirky Contingencies: Where Things Get Interesting

This is where things start to get interesting. While standard contingencies protect against foreseeable risks, some buyers and sellers include clauses that are, shall we say, a little out of the ordinary. Here are a few examples of strange contingencies we’ve encountered:

• The “My Pet Approves” Clause: Believe it or not, some buyers have included clauses stipulating that their pet must approve of the property before the sale can proceed. This might involve bringing the pet to the property for a “sniff test” or ensuring that the property meets the pet’s specific needs, such as a large backyard or a sunny window for napping.
• The “Ghost-Free” Guarantee: In some regions, particularly those with a history of paranormal activity, buyers might include a clause guaranteeing that the property is free of ghosts or other supernatural entities. Of course, proving the existence (or non-existence) of ghosts can be tricky, and the enforceability of such a clause is questionable. However, it highlights the anxieties some buyers have about purchasing a property with a perceived history.
• The “Astrological Alignment” Clause: While less common, some buyers who are deeply invested in astrology might include a clause that allows them to back out of the deal if the closing date does not align favorably with their astrological chart. This type of clause is highly subjective and would likely be difficult to enforce.
• The “Seller Must Paint the Fence Pink” Clause: These clauses dictate aesthetic changes that the seller must make before the sale is finalized. While often negotiated upfront, sometimes a buyer sneaks in a clause requiring the seller to paint the fence a specific (and potentially outlandish) color. The details, like the specific shade of pink, are crucial here.
• The “Right of First Refusal for Seller’s Belongings” Clause: A buyer might include a clause granting them the right of first refusal on any personal property the seller intends to leave behind. This could include furniture, appliances, or even artwork.

Beyond Contingencies: Strange Obligations and Restrictions

It’s not just contingencies that can lead to unusual contract clauses. Sometimes, the strangeness lies in the obligations imposed on the buyer or seller after the sale is complete. These might include:

• Restrictions on Landscaping: Some contracts include clauses that dictate what type of landscaping the buyer can install on the property. This might be common in planned communities or homeowners associations, but occasionally, individual sellers will impose these restrictions to protect their aesthetic vision. This could include prohibiting certain types of trees, requiring specific types of grass, or limiting the height of fences.
• Obligations to Maintain a Historic Structure: If the property is a historic landmark, the buyer might be obligated to maintain its historical integrity. This could involve adhering to strict guidelines for renovations and repairs, and even seeking approval from historical preservation societies for any changes to the property. These obligations can significantly increase the cost of ownership and limit the buyer’s freedom to make changes.
• Restrictions on Future Use: A seller might include a clause restricting the buyer’s future use of the property. For example, the seller might prohibit the buyer from operating a certain type of business on the premises or subdividing the property into smaller lots. These restrictions are typically intended to protect the seller’s own interests or the character of the surrounding neighborhood.
• Maintaining the Seller’s Garden: A seller, particularly one with a prized garden, might insist on a clause that requires the buyer to maintain the garden for a certain period after the sale. This could involve regular watering, weeding, and pruning, and even following the seller’s specific instructions.

The Importance of Due Diligence and Legal Review

The existence of these strange clauses highlights the critical importance of due diligence and legal review when entering into a real estate contract. Never sign a contract without thoroughly reading and understanding every single clause. If anything seems unclear or unusual, seek the advice of a qualified real estate attorney. An attorney can help you identify potential risks and negotiate more favorable terms. They can also ensure that the contract accurately reflects your intentions and protects your interests.

Due diligence goes beyond just reading the contract. It also involves conducting thorough inspections of the property, reviewing title documents, and investigating any potential environmental hazards or legal issues. The more information you gather, the better equipped you will be to make informed decisions and avoid costly surprises down the road.

Enforceability: Will It Hold Up in Court?

The enforceability of unusual clauses can vary depending on the jurisdiction and the specific circumstances. Some clauses might be deemed unenforceable if they are overly broad, vague, or violate public policy. For example, a clause that restricts the buyer’s freedom of speech or religion would likely be considered unenforceable. Courts will also consider whether the clause was entered into voluntarily and whether there was any evidence of duress or undue influence.

It’s important to remember that just because a clause is included in a contract does not automatically mean that it is legally binding. A court might strike down a clause if it is deemed to be unconscionable or unfair. Therefore, it’s always best to consult with an attorney to determine the enforceability of any unusual clauses in your real estate contract.

Negotiating Unusual Clauses

If you encounter an unusual clause in a real estate contract, don’t panic. You have the right to negotiate the terms of the contract. You can ask the other party to remove the clause, modify it, or add additional provisions to protect your interests. Negotiation is a key part of the real estate transaction process, and it’s important to be prepared to advocate for yourself.

When negotiating unusual clauses, focus on the underlying concerns that the other party is trying to address. For example, if the seller is concerned about maintaining the aesthetic appearance of the property, you might be able to negotiate a compromise that addresses their concerns without unduly restricting your freedom. Be creative and willing to find mutually agreeable solutions.

Protecting Yourself from the Crazy

Navigating the world of real estate contracts can be daunting, especially when dealing with unusual clauses. Here are some tips to protect yourself:

• Hire a qualified real estate attorney: An attorney can review the contract, explain your rights and obligations, and negotiate on your behalf.
• Conduct thorough due diligence: Inspect the property, review title documents, and investigate any potential issues.
• Read the contract carefully: Don’t skim over the fine print. Make sure you understand every clause before signing.
• Ask questions: If anything is unclear, don’t hesitate to ask for clarification.
• Negotiate: Don’t be afraid to negotiate the terms of the contract to protect your interests.
• Document everything: Keep a record of all communications, inspections, and negotiations.

Conclusion: Embrace the Unusual, But Be Prepared

The world of real estate is full of surprises, and sometimes those surprises come in the form of strange and unusual clauses in contracts. While these clauses might seem amusing or even absurd, they serve as a reminder of the importance of due diligence, legal review, and careful negotiation. By understanding the potential risks and seeking professional advice, you can protect yourself from the crazy and ensure a smooth and successful real estate transaction. So, the next time you encounter a peculiar clause in a real estate contract, don’t be afraid to embrace the unusual, but be prepared to ask questions, negotiate, and protect your interests.