Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Real Estate Contract Preparation & Negotiation 101

Author: Scarinci Hollenbeck, LLC

Date: April 13, 2016

Key Contacts

Back

Buying, selling or leasing real estate in Monmouth County requires a written contract. While the agreement may seem like a formality, the real estate contract is often the most essential part of the transaction.

Real estate contracts establish the financial obligations of each party, describe the property to be transferred, dictate the timing of the transaction and outline other key terms of the deal. Most importantly, contracts provide legal recourse should one party fail to uphold its part of the bargain. As a result, it is important to carefully draft and negotiate all real estate contracts.

Contract law largely governs real estate agreements. Under New Jersey’s Statute of Frauds, real estate contracts must be signed and in writing to be enforceable. This includes purchase and sale agreements and property leases. The law does not specify the contents of the agreement, but an enforceable contract must generally identify the parties, describe the subject property and establish the essential terms of the agreement (e.g., price). The rest is up to the parties.

As a result, parties often memorialize purchase agreements or leases using pre-printed forms that include the basic elements required to formalize an agreement. While these agreements may save time and money, they are not tailored to reflect the specific circumstances of the parties or the property. Therefore, they may not adequately protect the parties’ legal rights.  While a pre-printed form is often used by brokers in connection with residential sales such forms lack the detail and sophistication generally necessary in a commercial setting.  In addition, commercial sales require attention to a variety of tax, transfer and cancellation rights and options that vary substantially from the basic pre-printed forms.

Common contract provisions not found in most standard agreements include contingencies and inspections. For instance, residential buyers may want to include a contingency relieving performance if they are unable to secure financing. In commercial transactions, buyers may want to investigate the zoning of the property or potential environmental liabilities prior to closing the deal. 

Negotiating a real estate agreement 

The terms of a real estate agreement can always be negotiated, even if you are presented with a “standard” contract form. While the best option is to consult with an experienced Monmouth County real estate attorney, buyers and sellers can take steps to protect their best interests. Below are a few tips:

  • Don’t assume the contact is fair: If the other party drafted the agreement, don’t assume that the terms are fair. Instead, the rights and obligations of the parties will generally favor the drafter. The negotiation process is the opportunity for the other party to protect its interests.
  • Conduct due diligence: It is difficult to assess your negotiating leverage without conducting some research. For instance, when the Myrtle Beach real estate market is flooded with inventory, the buyer may have the power to negotiate concessions from the seller.
  • Understand the terms: It is impossible to successfully negotiate an agreement without fully understanding the terms. While most agreements contain a substantial amount of “legalese,” it is important to read the real estate contract in its entirety and understand how each provision may impact your rights.
  • Legal vs. business:  The legal and business terms of leases and purchase and sale agreements often overlap; it is important that these overlaps be recognized and the solutions be properly blended.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!