Comments Off on Is a Florida real
estate contract enforceable where the contract allows the buyer to cancel without giving the same right to the seller?
on Is a Florida real
estate contract enforceable where the contract allows the buyer to cancel without giving the same right to the seller?
Not exact matches
If he failed to provide payment for her on his death, her right to that payment became
enforceable by a direct right of action for breach of
contract against his
estate.»
The real
estate attorneys at Miller & Steiert, P.C. take great care to ensure that your
contracts are
enforceable and your interests are protected.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real
estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally
enforceable sales
contract; seller could not utilize the provisions of a subsequently executed sales
contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the
contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase
contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission
Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)- broker entitled to real
estate commission where seller entered into a valid and
enforceable contract for sale of property and then willfully breached the agreement, causing the failure of the transfer of title to the property; agreement satisfies statute of frauds.
The «Statute of Frauds» in Ohio and most state requires that certain legal instruments of law such as deeds, real
estate sales
contracts, and leases of more than a year, to be in writing to be legally
enforceable.
Having found that a writing and a signature existed through the exchange of emails and text messages, the court then had to determine whether a real
estate broker has the authority to bind a client to a legally
enforceable contract.