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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

Partition Actions Between Property Co-owners

Partition Actions: Remedies for Sour Relationships Between Property Co-owners Question: I own a rental property with a friend, but we’re locked in disagreement on what to do with the property or whether to sell it. What legal remedies do I have? Answer: Many people acquire investment properties with friends with only the best intentions, but … Continue Reading

Escalation Clauses

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

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.

My Property Zoning is “Wrong”?

What If the Property I Own Has the “Wrong” Zoning? Question: I own a property.  The current zoning will not let me do what I want to do with it.  Is there any way of changing the property zoning? Answer: The short answer is, “Yes.”  Communities use zoning to promote harmonious development patterns and keep … Continue Reading

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