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
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.
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.
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.
Modified Appraisal Contingencies 4/20/2015: Modified Appraisal Contingencies – In hot markets, it is common for the parties to create appraisal contingencies contemplating that the house might appraise for less than the purchase price. Sometimes Buyer’s argue that these clauses create an obligation for the Seller to lower the price. Learn how to spot and avoid … Continue Reading
“Love Letters” and Fair Housing Laws 3/23/2015: “Love Letters” and Fair Housing Laws: When there is a drought of supply of residential real estate inventory, some buyers look for a competitive advantage by submitting letters with the offer that attempt to appeal to non-financial seller motivation. Without a conscious strategy of asking the seller to … Continue Reading
Buy “Tail Coverage” When you Retire 2/17/2015: After professionals retire, they may be sued for alleged wrongs that occurred before retirement. When you retire you need to buy insurance that covers you after you retire. This video explains the need for, and the path to acquire, “tail” insurance.
When NOT to Refer to the Best Attorneys in Town 1/26/2015: When Clients of Brokers have legal trouble, the natural instinct is for the Broker to refer to their own lawyer. After all, you know your lawyer is great at solving problems. However, there are times you want to be cautious of contaminating our ability … Continue Reading