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Alabama Residential Purchase and Sale Agreement

The Alabama residential purchase and sale agreement is a form used for making an offer on an Alabama-based home. Once completed by the hopeful buyer, it is delivered to the seller, who will either approve (and sign the contract), reject, or attempt to negotiate one (1) or more of the listed conditions in the contract.


Required Disclosures

Lead-based Paint – a Federal law that requires sellers of homes built prior to 1978 to provide an EPA handbook to home buyers, among any other state or county mandated disclosures.

 

 

Buyer Beware (§ 6-9-142) – Alabama is one of the few states that use a rule known as “caveat emptor”, which translates to “let the buyer beware”. This means the responsibility of discovering issues/problems with the property is on the buyer. In other words, the seller is not legally required to disclose issues with the property. Having said, there are three (3) exceptions to this rule, which are:

  1. The seller is required to disclose matters if the buyer specifically references them (the seller can’t purposely lie about a question);
  2. If there is an aspect of the property that could jeopardize the health of the buyer, the seller is required to inform them; and
  3. If a fiduciary relationship exists among the buyer and seller, the seller is required to make any and all possible disclosures.

Realtor Version (Official)

Birmingham Association of Realtors Version.pdf – The official sales contract used by the Birmingham Association of Realtors in Alabama. It can be used for other cities/towns in Alabama with slight modifications to the contract.