Once an offer is made, a contract is drafted. This is a legally binding document sealed with a deposit saying you will buy the property. There is no standard sales contract and much of the detail is negotiable during the contract phase.

Contracts contain the property address and names of the buyer and seller. They list the sales price and the type of loan the buyer intends to acquire. Contracts also note the real estate agent's fee, if any, and sets the deposit amount. Certain requirements, such as termite inspections, settlement date, condition and title are fairly standard. So is a section that lists appliances and other moveable items that will convey to the new owner.

Contracts are negotiable, and it's during this time that buyers and sellers should decide who pays what. Buyers can ask that certain items be repaired or replaced before closing. They can ask the seller to pay points or a certain amount of the closing costs. They can seek a home warranty or ask that some things, such as fireplace inserts or ceiling fans, be left. Sellers also can be specific. They can, in a contract, state that they will not pay closing costs or will not convey certain appliances. They can stipulate when the house will be vacated and when settlement should occur.

The U.S. Department of Housing and Urban Development recommends buyers consider including the following clauses in the contracts:

That the seller provides title free-and-clear of all liens and encumbrances except those that you agree to in the contract;

That a refund of your deposit shall be made if the sale is canceled because you are unable to secure a first mortgage from a lender, or if the seller is unable to satisfy any other contract conditions;

That the seller provide a certificate at closing stating that the plumbing, heating, electrical systems and appliances are in working order and that the home is structurally sound; and

That an agreement is reached on how taxes, water and sewer charges, condominium fees, mortgage interest and premiums on existing transferable insurance policies will be paid until settlement.

Before you sign, make sure the contract says what you want, especially in the areas of sales price, payment methods, possession dates and closing costs. Before you sign, have an attorney review it. Once it is signed, it legally binds both the buyer and the seller.