State of the premises. It is likely that the buyer will have had the opportunity to inspect the premises prior to the occupancy of the property. From the seller`s point of view, the agreement should establish that the buyer has inspected the premises and agrees to accept the property in its current condition, except that the seller agrees to repair the specific items listed in the occupancy agreement, provided such exceptions are available. From the buyer`s point of view, the buyer does not wish to waive the seller`s guarantees in the sale contract on the condition of the premises at the time of closing (for example. B that the roof is waterproof, that the appliances are in order, etc.). The parties must agree on how to deal with this issue before the buyer receives the keys to the premises. It is intended for them, a home buyer and seller can allow the buyer to own the house before the registration deadline. However, a pre-detained agreement carries many risks that the parties should carefully consider. The Rules of the Commissioner of Real Estate contain the following warnings to holders of real estate licences regarding the so-called “pre-ownership” and “post-property” occupancy agreements: the agreement should take into account all the conditions that might be expected in a normal rental property contract. Parties should consider the application of the Arizona Residential Landlord Tenant Act, A.R.S.
No. 33-1301 and following, which, with some exceptions, generally applies to all leases. While exceptions include occupancy under a sales contract, this exemption does not apply because a “sales contract” (also known as a “sales contract”) is legally very different from a sales and sales contract. There may be many reasons and arguments for not applying the law to short-term pre-ownership agreements, but those reasons are not in the provisions of the act. Therefore, the sure way to expect the law to apply. Rent and security. If the buyer rents for use of the premises before closing, the exact amount must be indicated in the agreement (either as a daily, weekly or monthly basis, or a package). Sellers should receive a deposit as with any other type of rental.
First, they must decide whether they want a “pre-ownership contract” or a “lease” (leasing), which would be governed by the Arizona Residential Landlord and Tenant Act: Various provisions of the law that should be considered include restrictions on the previous rent, sureties and repayments (A.R.S. 33-1321), the lessor`s obligation (seller) to maintain the premises (A.R.S. 33-1324) and the landlord`s claims for trest by the tenant (buyer) A.R.S. No. 33-1361 Ff. The parties may consider that the reference to certain provisions of the law is not applicable, but with great caution. If the parties merely recite that the law is repealed, the waiver of the purchaser (tenant) is ineffective, as the law expressly prohibits any agreement under which the tenant renounces or renounces the rights or remedies provided by law. As a general rule, the greatest risk associated with a pre-possession agreement lies with the seller. If the buyer cannot close, there is still a tenant to the seller.