In this video, our Bettendorf contract attorneys will talk about seven clauses of particular importance when reviewing the contract.

1. Description and Purchase Price: These items may be self-explanatory, but it’s important to note under “description” anything other than the address of the house. Also, you’ll want to make sure what is legally described in the title document matches up with the contract. Under purchase price, you will have the agreed-upon purchase price (this may be different from the original after negotiations) and the Iowa Real Estate Contracts Explained amount of earnest money that will be deposited upon agreement of the contract.

2. Real Estate Taxes and Special Assessment: Normally, the sellers must pay the real estate taxes attributed to the property for the year it was sold in, prorated to the date of the closing. So if you sell your house in April, you’ll be paying less in real estate taxes then if you sold your house in August. However, be sure to check the contract as sometimes there is the option for the seller to pay no taxes on the house during the transaction and instead transfer that burden to the buyer.

3. Time is of the Essence and Fixtures Clause: It’s important to note if “Time is of the Essence” is indicated on a contract because if certain deadlines are not met on the buyers or sellers end it could be considered a breach of contract and a reason for either party to back out without repercussions. The Fixtures clause indicates anything other than the walls, doors, winders, floor, etc that are not part of the overall structure, that would be included in the sale of the house. This may include items like window treatments, a pool table, a piece of furniture, etc.

4. Condition of the Property: This clause may include a number of sub-clauses, all centered around the condition of the property. The primary “condition of property” clause explains that—unless specified otherwise—the property will be kept in its current state until possession by the buyers and that all items will be in good working condition at the time of possession.

5. Remedies of the Parties: This clause usually contains stipulations explaining what happens in the case that the buyers or sellers fail to perform their contractual obligations in a timely manner and to what degree the opposite party can respond.

6. Residential Property Discloser Statement: Iowa law requires the sellers to fill out a form disclosing the conditions of the various parts and systems of the house, such as HVAC, plumbing, previous water damage, etc to their best of their knowledge. This protects the buyers from coming into a house and suddenly finding something that the sellers most likely knew about, but didn’t disclose, and it wasn’t found on the inspection report.

7. Optional Provisions: Most real estate contracts in Iowa contain a number of optional provisions, which only apply if initialed by both parties. These include items such as purchase contingent on the sale of another property, buying the property “as is,” the seller’s right to continue to show the property while under contract, etc.

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The question of whether or not all property is subject to probate is often asked once someone has passed away. In this article, we explain what probate is, when probate is required in Bettendorf, what it means for an asset to be subject to probate, and what types of property do not need to go through probate in Illinois when their owner passes away.

In this article, we discuss questions pertaining to property probate including:

• What Does it Mean for an Asset to be Subject to Probate?
• What Types of Assets Do Not Have to Go Through Probate?
• Does Property Held in Trust Go Through Probate?
• Does Jointly Titled Property Go Through Probate in Illinois?
• Do Payable on Death Accounts Go Through Probate in Illinois?
• Transfer on Death Deeds and Illinois Probate
  

Read the full article by our Bettendorf real estate closing lawyers regarding how to appeal your property tax assessment.

A probate court is appointed a guardian in the absence of a will or trust, for when the decedent's estate will go through probate. The guardian of the minor child is responsible for managing the inherited assets of the minor until the minor reaches age 18, at which point the remaining assets will be paid out to the child. The guardian of the estate will have the duty to preserve as much of the inheritance as possible for distribution to the child when the child reaches the age of majority.  

This can occur under various circumstances including: 

• Decedent dies intestate (without a will or trust)
• Decedent has a will in place, but not a trust
• Decedent has a trust in place 
  

Read the full article by our Bettendorf real estate closings attorneys regarding a minor inheriting property.