Typical Provisions in a Seller’s Real Estate Sales Contract The seller will want to be sure that the contract specifies that 1) s/he (the seller) is entitled to damages (usually the deposit) if the buyer does not fulfill his or her end of the contract; 2) all statements made about the property by the seller are accurate and 3) any of the buyer’s contingencies – like inspections or financing – will be taken care of in a reasonable amount of time. The question of whether or not it is in the home seller’s best interest to have an attorney’s fee clause in the purchase agrement is debatable. → Read More
Should I have a lawyer review the mortgage papers? Should I have a lawyer review the mortgage papers? → Read More
Refusing to Close Real Estate Deal When you enter into a purchase and sale agreement in a real estate transaction, that agreement is a binding contract. If one of the parties to a purchase and sale agreement or other agreement to buy/sell real estate refuses to close on the transaction according to the terms in the contract, the other party may seek damages for breach. → Read More
Can Sending a Text Bind You to a Contract? What makes a contract valid? In this case, the court needed to determine whether a text message can qualify as a “writing” under the statute of frauds and whether it was legally binding. → Read More
Does Your Landlord Have the Right to Evict You? If you’ve been served with an eviction notice, and you’re not ready to move out, you are probably asking yourself “Does the landlord have the right to evict me? What can I do to remain in place as a tenant? And for how long can I remain in place?” → Read More
What Can You Do if You Unknowingly Bought a Meth House? What if your dream house turned out to have been a meth house? Smoking meth can cause dangerous chemicals to be released into the air and absorbed into carpets, drapes and walls, potentially causing serious health problems. How can you find out if your house was a meth house? → Read More
Important Provisions for a Home Buyer in a Home Purchase Agreement Normally the most important provision in a real estate contract for the home buyer (as well as the seller) is the selling price of the property. The contract should also include a standard clause that enables the buyer to have an inspection made of the property within a certain period of time by third parties, to make sure there are no hidden problems affecting the integrity of the home. Another important provision is a loan contingency clause (purchase is conditioned on the buyer getting financing) to buy the property. → Read More
Buying a House: Why a Home Inspection Can Save You Money Repairs to a home can cost thousands of dollars and environmental hazards like mold, lead paint, or formaldehyde can cause serious health problems. You want to make sure you know what you’re getting before you spend thousands on a down payment and go into → Read More
Contingencies in a Home Real Estate Purchase Contract In order to protect buyers and sellers, a number of different clauses are usually included in an offer to purchase or in a purchase/sale agreement for residential real estate. These clauses are called contingencies. Most contingencies in residential real estate transactions are in place to protect buyers. → Read More
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