🧾 Three Little Contract Fillers That Can Kill Your Deal

In real estate, the smallest words can have the biggest consequences. A few harmless-looking phrases in a contract can open the door to confusion, disputes, and even deal-breaking surprises.

Here are three common contract fillers every agent should watch for — and how to replace them with language that protects your client and keeps your deal on track.

1️⃣ “TBD” — To Be Determined

It might seem convenient to leave a detail “TBD,” but that shorthand creates uncertainty. When something is “to be determined,” it means the parties haven’t actually determined anything. That gap can become a problem later when expectations differ.

✅ Better: Define the term clearly — include the who, what, when, and how before both sides sign.

2️⃣ “Any and All”

This phrase sounds thorough and professional, but it’s often too broad. By saying “any and all,” you might unintentionally create obligations your client can’t meet or take responsibility for matters that were never intended.

✅ Better: Narrow the scope. List a specific number, precise items, and so on to avoid overly broad language.

3️⃣ “Mutual Agreement”

“Mutual agreement” sounds collaborative, but it’s meaningless unless the agreement is defined. When will the agreement happen? Who decides? Under what conditions?

✅ Better: Spell out the process and specify who decides to prevent uncertainty and future disputes.

💡 The Fix: Write With Clarity and Confidence

A well-written contract leaves no room for interpretation. Avoid filler phrases that shift clarity to “later” — because “later” is when disputes begin.

Unless, of course, you love surprises. 😉

🏡 Master the Fine Print

At Endless Sommer Coaching, we help real estate professionals write cleaner contracts, communicate with confidence, and close with consistency.

Learn more about our Transaction Workshops, where we dive into real-world contract scenarios, language that wins, and strategies that keep your deals together:👉 Transaction Workshops