Learn how the buyer is exposed to claims that the buyer has breached the contract if the buyer applies for a lower LTV loan that the one reflected in the §4 chart in the contract.
The sale of an interest in real property within the United States by a “foreign person” is subject to tax liability under Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. Generally, any buyer of real property from … Continue Reading
A Counter Proposal Destroys the Offeree’s Power to Accept the Initial Offer.
How to Draft Better Additional Provisions in the Colorado Contract to Buy and Sell Real Estate: Parts I – IV. 8/2/17: How to Draft Better Additional Provisions – Part IV. The A, B, C’s of writing additional provisions with examples. 7/12/17: How to Draft Better Additional Provisions – Part III. Recognizing the difference between an … Continue Reading
How do Buyer’s Enforce Contracts against Balking Sellers? Colorado Contract to Buy and Sell Real Estate. 4/24/17: How do Buyer’s Enforce Contracts against Balking Sellers? Learn what buyers can do when sellers want to breach the buyer’s contract and move on to a better buyer. Related Video: 10/26/15: Seller Defaults Just Before Closing.
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.
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