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General Warranty Deed vs. Special Warranty Deed

General Warranty Deed vs. Special Warranty Deed for Re-Sale Sellers. A general warranty deed creates liability for a seller beyond the warranties of a special warranty deed. 8/1/16: General Warranty Deed vs. Special Warranty Deed for Re-Sale Sellers. The market place expects residential re-sale sellers (not builders) to convey title using a general warranty deed. … Continue Reading

Coming Soon Listing

Coming Soon Listings – Learn how to manage the conflicts of interest associated with the “Coming Soon” phenomenon. 5/26/16: Coming Soon Listings. In a tight inventory market, listing brokers are tempted to sell listed property to their own sphere of influence before exposing the property to the whole market. Yet without exposing the property to … Continue Reading

Builder Contracts in an Appreciating Market

Builder Contracts in an Appreciating Market 3/30/16: Builder Contracts in an Appreciating Market. Inventory is extremely low in some markets and demand is returning for new homes. Learn (1) how the contracts from production builders don’t provide a meaningful remedy for builder defaults in an appreciating market; (2) what you can do about it; and … Continue Reading

Buyer Defaults Just Before Closing

Buyer Defaults Just Before Closing 11/30/2015: Even when a contract clearly spells out the consequences of a buyer defaulting on a contract, it may not be practical for the seller to enforce the consequence. Consider the seller whose buyer needs a week extension to get the loan to close. If the contract does not have … Continue Reading

TRID Patches for Buyers

TRID Disclosures 11/28/2015: The conventional wisdom is that the new TRID regulations will make buyer loan approvals more precarious. Additions to contract language which call for an automatic one-time extension for TRID motivated problems are a partial solution. Learn about the options and how to effectively use them.

2014 CREC Approved Forms & Seller Carry Financing.

CREC Approved Forms & Seller Carry Financing. 7/27/2015: The 2014 CREC approved forms essentially eliminate the Seller Carry Financing provisions. Yet, in the right circumstances, Seller Carry Financing might be the best available option for both the seller and the buyer. Understand the options for advancing Seller Carry deals in the coming new era. More … Continue Reading

Replacement Home Contingencies

Replacement Home Contingencies 6/22/2015: Replacement Home Contingencies – One of the ways that Buyers try to make their offers attractive is to give the Seller flexibility. Often the fear of not finding a replacement property inhibits Sellers from going under contract with Buyers. Some Buyers offer the Seller a Replacement Home Contingency making the Seller’s … Continue Reading

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