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
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
Does a Sale Affect a Tenant’s Lease? 1/25/2016: When a tenant leases a property for a term, a tenant expects to have the right to use the space for the whole term. If the original landlord sells the building, does the new landlord have the right to terminate the lease? Learn the answer by watching … 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.
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
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.
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 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.
