All Questions
Tagged with contract-law real-estate
49
questions
0
votes
1
answer
90
views
What constitutes "fault of the buyer"? [closed]
I have a contract to sell my house that is contingent on the buyer selling their home. A common enough occurrence.
If Buyer does not close on the sale of Buyer’s property, through no
fault of Buyer, ...
- 261
0
votes
2
answers
111
views
Expected result of trying to buy a lot with a bad listing
I was looking at this listing in or near Dorris for reasons that don't really matter.
The listing says it's on Juniper Street; but there is no such lot on Juniper Street. I spent some time trying to ...
- 227
1
vote
0
answers
66
views
Would this be considered a break in the Title Chain? [closed]
I completed an application for a mortgage loan and was approved. My sibling and I both agreed to be listed on the Deed.
On the application: Borrower Information is just my name, The Title to the ...
- 11
-2
votes
1
answer
44
views
Does a real estate buyer have recourse to recover fees related to an offer due to seller not disclosing probate period? [closed]
I live in the state of Massachusetts and recently put in an offer for a home.
The seller is actually 4 owners for which one passed recently (last year).
During title search, it was found that there ...
- 1
4
votes
2
answers
2k
views
Does "agree to negotiate" mean it has to happen?
We are in the process of purchasing some land, and one of the requirements of the contract is
The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
- 51
23
votes
4
answers
9k
views
Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date
A house in California is for sale with asking price of X .
A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date.
A buyer submits a formal written ...
- 463
0
votes
2
answers
239
views
Is it legal for a professional ethics group to demand that I "respect" other agents' exclusive relationships with their clients?
I previously asked this question on the legality of anti-poaching agreements. If it's not illegal for two companies to enter into an agreement not to poach each others' talent, why is it legal for a ...
- 2,189
1
vote
1
answer
134
views
Are there jurisdictions in which it is illegal to presell a house (without the property being already finished)?
Are there jurisdictions (countries) in which it is illegal to presell a house (i.e. contractor selling a house without the property being already finished)?
The purpose should be to prevent contractor ...
- 11
1
vote
1
answer
416
views
Is it Legal Not to Disclose Problematic Neighbors When Selling a House?
In most places in Canada, there are certain things a home seller must disclose to potential buyers, such as known problems with the house, e.g. a leaky roof, mold, etc.
I'm in Nova Scotia, ...
- 282
1
vote
1
answer
77
views
If a stakeholder steals escrow/deposit in land sale contract, is the seller obligated to refund the deposit?
In a more drastic case, if in a Sale and Purchase Agreement, the vendor authorizes the purchaser's solicitor as the escrow/stakeholder to receive not just the deposit but the purchase price on his ...
- 13
1
vote
0
answers
58
views
Question about items left after a home sale
So I did a bit of research that anything that is stated in the contract are to be left to the buyer and that fixtures are also left to the buyer regardless of it being in the contract. My question is ...
- 49
0
votes
1
answer
291
views
Do I have to let Buyer in after disclosing new defects?
I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...
- 49
1
vote
2
answers
664
views
New defects after buyer removes inspection contingency
The buyer has removed all his contingencies and so he doesn't have any way to back out without losing his earnest deposit money. Unfortunately, I later found out that there are some defects such as a ...
- 49
0
votes
1
answer
51
views
Question about notice to perform (buyer/seller) [closed]
I've told my agent, who is a dual agent for me and the buyer, to send a 2-day notice to buyer to perform. My agent said it was delivered on Saturday. I believe this would mean that Monday night would ...
- 49
4
votes
2
answers
234
views
After exchange of contracts in property purchase, what happens if someone has COVID-19 on the completion date?
Say I am selling my home to a buyer and also purchasing a house from someone, and the chain of sales goes no further than this (for the sake of simplicity). All house sales are in the UK, where you ...
- 143
0
votes
1
answer
212
views
Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?
Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
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-1
votes
1
answer
129
views
Am I interpreting "Removal of Contingencies With Offer" clause properly?
C.A.R. purchase agreement has following paragraph that has a checkbox next to it:
C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the
contingencies specified in the attached Contingency Removal ...
- 384
0
votes
0
answers
134
views
Roommate/co-tenant said she would renew but lied after I sign lease - invalid lease?
So, my roommates and I planned to sign a lease renewal as co-tenants in NYC. While some of the roommates already signed it, the others changed their mind last minute. This unfortunately means the ...
1
vote
1
answer
87
views
HOAs and Personal Assistant
What can my personal assistant do when the HOA sends me a violation or other such letter? Can they research the CC&Rs, Bylaws or other such states, federal statues to help me better understand the ...
- 125
2
votes
1
answer
240
views
Buying a home from a 'sale by owner' that was previously listed by some agent and shown by my agent. My agent asking commission and raising price
The incident is based in Arizona.
An agent was assigned to us a part of our relocation. The agent showed some houses which I had done the research for. So I had found the house and asked them to show ...
- 121
1
vote
2
answers
129
views
Affidavit as an eviction notice
This is a question exploring a solution to this situation Curious case of real-estate transaction with predatory tenants
A seller has entered an agreement with a buyer in the jurisdiction of Nova ...
- 191
1
vote
2
answers
424
views
Should I sign apartment condition form before inspecting apartment?
I am in the process of signing a lease on an apartment. Included in the lease documents is the standard Boston, MA, USA apartment condition form.
https://www.lrgboston.com/pdfs/Apartment%20Condition%...
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6
votes
2
answers
1k
views
did you consent because you could have seen a poster?
Instead of a signed release, in recent years I'm seeing posters saying that if you walk in an area you consent to the commercial use of your likeness for unlimited purposes without payment. At least ...
- 337
-1
votes
2
answers
86
views
If a contract to purchase a home is modified after signing without a party's consent, will it be null and void?
My sister and I jointly submitted a bid to a house today for $580 000. After I signed the documents, she modified the bid to $600 000 without my knowledge.
Now, in this case, neither she nor myself ...
- 119
0
votes
2
answers
76
views
How can one try to leave a home rental lease
Person A cosigns a lease for Person B. The lease is for a house. The lease period is for one year.
The landlord agrees to allow the lease to be amended for another person, person C to be on the lease....
- 800
3
votes
1
answer
1k
views
What happens to a contract when company is disolved?
I have been renting a property (residential) for 10 months from a limited company.
I wanted to move out of the property recently, they informed me I still have two months left on my contract, i ...
- 131
0
votes
2
answers
323
views
What recourse do I have if I can't meet a tight deadline to complete on a house purchase?
I've recently put down a reservation to buy a new-build flat in London, UK. This is one of the last flats available in the block and the builder is in a rush to complete and get the money as soon as ...
0
votes
2
answers
519
views
Can a tenant be obligated to pay rent and be forced not to live in the unit?
I’m on a month to month lease. I gave my landlord 41 days notice of intent to vacate, but they are saying they need 45 days as in the lease. The lease says I am responsible for the rent for the month ...
- 151
2
votes
1
answer
298
views
What are the benefits of a cohabitation contract in US in no-common law marriage state?
After a number of years together, an unmarried couple in a no-common-law-marriage state decide to consolidate households. The apartment renter (say $1000/mo) will move into the other's mortgaged ...
- 25
2
votes
1
answer
205
views
Realtor broke contract without notifying
I have been in the process of buying a house for the last months and my realtor had been acting strange as she kept arguing for the Seller.
Now First off I live in PA so Dual Agency is allowed, ...
- 235
-1
votes
1
answer
122
views
Do I need to pay the real estate agency if the contract was signed after I moved in?
I have signed a very standard rental agreement with a landlord. I have contacted him through a real estate agency, because they were the ones who posted the ad on the Internet. They did not ...
- 1
-2
votes
2
answers
3k
views
Changes to contract after one party signs
This is regarding a real estate transaction.
Seller's atty submitted contract to buyers atty. Buyer signed contract and sent back to sellers. Seller received signed contract, made a change, then ...
- 97
4
votes
2
answers
2k
views
Buyers missed closing date due to delay in the sale of a contengency property -- What happens to the deposit?
This is a more focused, side-question based on some discussion in this post.
Our Contract Details:
Closing date of August 18th
The contract has a buyer contingency of them selling their condo
The ...
- 701
0
votes
1
answer
11k
views
Is the real estate contract still enforceable if ZERO Earnest Money Deposit is placed in Real Estate Purchase and Sale Agreement?
I thought earnest money constitutes buyer's consideration. So, without earnest money, the seller can void the contract on the ground of Buyer's Lack of Consideration. Because of that, I occasionally ...
- 67
2
votes
1
answer
2k
views
Can a utility force a new owner to pay previous owner's debts?
My niece purchase a "fixer-upper" house that had been empty for we-don't-know-how-long. I haven't had much success in locating Oklahoma law for this:
She went to the water utility to get service. ...
- 814
0
votes
1
answer
125
views
Condo seller failed to disclose water damage which caused toxic mold that made family sick.
I bought a condo July '16 from out of state and could not be here for the inspection although my realtor was. In the disclosure statement the seller checked 'no' regarding moisture problems or water ...
- 1
-1
votes
1
answer
216
views
Promissory Note Versus Loan Agreement for Real Estate Investment
I have a friend that has been flipping houses for years and I have an opportunity to invest in one of her upcoming deals and would like to do so. However, I am not sure what the proper way for me to ...
0
votes
2
answers
83
views
Do certain laws result in a 'taking?'
Some time back the city of Denton Texas passed a law outright banning all fracking. I believe this law was passed by a referendum of voters who voted for it.
Some investors holding property and ...
- 800
2
votes
1
answer
152
views
Is a payment contract invalid if one party doesn't attempt to collect payment from other parties?
I live in a neighborhood with an HOA. Everyone had to sign a contract with them to buy a house here (the company that built the houses owns the HOA). I recently found out, that for the past 10 years,...
- 123
2
votes
1
answer
62
views
Are these the only types of residential Tenancy agreements allowed in the UK?
On the Government's website it lists the types of tenancies, which makes me think that by law one is constrained to choosing one of those tenancies only and not have the option to create your own or ...
- 123
0
votes
1
answer
60
views
(BC, Canada) Is a contract still enforceable with relation to a new foreign buyer's tax?
I live near Toronto, Canada, and the foreign buyer's 15% tax passed last week in British Columbia (only applicable to Vancouver) is generating very heated debate. Its effectiveness aside, I believe ...
- 119
4
votes
2
answers
1k
views
My co-borrower wants her name removed from a 5 year mortgage contract
Me and my sister in law bought a house. We asked her help to acquire the loan. She signed the mortgage loan for a 5 year contract, and we got the house. Me and my wife paid all the expenses and down ...
user44920
1
vote
2
answers
216
views
Contract alteration, what prevents it?
What's to stop counterparties to a contract from later marking up their copy with changes and forging initials, or swapping signature pages from one contract to another?
Context here is executing ...
- 133
1
vote
1
answer
54
views
How much do I have to repay on my shared equity loan?
I purchased my new build home in the UK 5 years ago on a shared equity scheme provided by the developer. The loan company has a 20% equity share in my property. I'm now in the process of part ...
- 11
1
vote
1
answer
171
views
Can the details of Estate-ownership be Protected by Attorney-Client Privilege?
Title says it all.
I am curious about whether properties (physical as well as "virtual estates" i.e. domain-names) in the name of one's lawyer would be a viable alternative to "proxy services" who, ...
- 11
1
vote
1
answer
88
views
What guarantees that my conveyancing solicitors are doing their job properly?
I am in the process of buying a property in the UK, and using a solicitor for the conveyancing. So I am placing a great amount of trust in the solicitors and effectively assuming that they have ...
- 151
1
vote
2
answers
261
views
In Australia you can return/refund goods that were sold "not fit for purpose", is there an equivalent law covering leases?
I was offered a lease on a commercial property by an agent that promoted it for retail use. When I asked to use the building commercially they claimed I was on a residential contract and they had ...
- 51
4
votes
1
answer
3k
views
Can leasehold contracts be amended, and is this a common practice in UK?
I have recently asked following question around leasehold contract in property I am in the process of buying. It states that I am not allowed to sublet parts of building I can only sublet it as a ...
- 434
4
votes
1
answer
627
views
Assignment and subletting of leasehold in UK
I am planning on buying a worn down property that has 4 big rooms to fix it up, and then rent out 2 out of 4 rooms - room by room. I would live with my family in the other two (at least for the ...
- 434