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 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
Q: I’m a homeowner. I want to list my Colorado property for sale. Can I do it by myself (For Sale By Owner)? When a homeowner considers listing their property for sale, one of the first questions they typically ask themselves is: “Should I list the property through a real estate broker?” Experienced real estate … Continue Reading
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
2/21/16: Escalation Clauses – A Lawyer’s Dream. In markets with shortages of inventory, buyers know that they must aggressively compete for the right properties. Yet purchasers do not want to pay any more than is absolutely necessary to buy the property. Purchasers sometimes submit “escalation” clauses in an attempt to tie up the property without … Continue Reading
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 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.
Updates to CP-46: Disclosure of Adverse Material facts 8/24/2015: The Real Estate Commission adopted Commission Position 46, regarding brokers disclosure of adverse material facts, Jon Goodman discusses the commission’s new position.
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
Specific Performance 5/26/2015: Specific Performance: Why it Works for Buyers Against Sellers and Not Sellers Versus Buyers. Learn why sellers should generally use their bargaining clout to get things other than a specific performance remedy versus a buyer.
