The vendor and vendee often find cause for differences at the time of closing, on the following apparently simple matters; all of which, where the facts warrant, should be dealt with by the preliminary agreement.

(a) As to the nature of the title or interest which the vendor sells-whether he is the owner in fee of the property or derives his interest therein through a first, second, or third land contract (sub-contracts so called)-if such an interest in property is not, in the opinion of the vendee or his attorney, safe to acquire, the time to determine it is when the agreement for its purchase is drafted and not at the closing.

(b) If the vendee is satisfied with an interest of that character, in what manner shall he be protected in case of default in the land contract under which the vendor is acquiring his interest. Provision for this should be made in the preliminary agreement and should be incorporated in the final land contract.

(c) Who shall pay the taxes which accrue and become payable between the time of executing the preliminary agreement and the time of closing the sale.

(d) Who shall pay those installments of assessments which are payable subsequent to the execution of the final contract between the parties, but which are due in advance.

(e) Who shall pay unpaid assessments, such as paving, sidewalk, street opening and sewer.

(f) Shall the vendor or vendee pay for the water charges which are due and unpaid at the time of closing or shall it be apportioned between them.

(g) If the same attorney represents and acts for both parties, who shall pay the cost of his services.

(h) Who shall pay the cost of examining the abstract of title.

(i) Who shall pay the cost of certifying the abstract of title, and what company shall certify the same.

(j) Who shall pay the mortgage tax on the land contract and is it to be paid before, at the time of, or after default.

(k) Who shall pay the cost of recording necessary instruments and incidental disbursements therefor.

(1) Shall the vendee refund to the vendor at the time of closing the unused portion of the insurance premium advanced by the vendor.

(m) If it is not intended that the vendor deliver possession of all or part of the property at the time of closing, shall the vendee pay interest on the full balance due from the vendee for the time the vendee is not enjoying the full use of all or part of this property, from what date shall payment of interest be computed.

(n) When shall possession of all or part of premises be delivered to the vendee by the vendor or his tenants or lessees.

(o) Shall the vendor or his tenants or lessees pay any rent for the period of his or their occupancy for all or part of the premises; if so, how much.

(p) What form land contract shall be furnished by the vendor, and what provisions shall such land contract contain other than those already printed therein, or what shall be eliminated therefrom.

(q) Shall the vendor furnish the vendee with a copy of his own land contract (in case he is selling on a second land contract or sub-land contract), so that the vendee may be certain that he will secure, when he has fully paid, the equity or interest of his vendor.

(r) What kind of leases or other agreements exist and what are the rights and obligations which the vendee is expected to assume thereunder.

(s) A date should be specified prior to which the vendor shall deliver the vendee's abstract of title to the vendee for examination. A date should be also named prior to which the vendee should examine the title and signify either his acceptance or rejection thereof. It should also be specified that in the event title should be found to be clouded or encumbered which defects can be remedied by an action to quiet title or otherwise, the length of time the vendor will be given to remedy such defects.

Most of the subjects above referred to are controlled to some extent by the law, but our purpose here is to suggest the necessity for setting forth as clearly as possible the respective rights and obligations of the parties at the time of drawing the preliminary agreement. Very often when provision for some necessary detail is not made in the preliminary agreement, the layman will follow his own misconception as to what he deems the law to be; especially is this true when the true conception of the law will injure him financially.