Not exact matches
Assigning Real
Estate Contracts Hi, My question is
when assigning contracts, after the buyer and I sign the
agreement do me and the seller sign a
purchase agreement to?
For example, the Ontario Real
Estate Association (OREA) precedent agreement of purchase and sale (I wonder how much easier real estate transactions became when the industry settled on a particular agree
Estate Association (OREA) precedent
agreement of
purchase and sale (I wonder how much easier real
estate transactions became when the industry settled on a particular agree
estate transactions became
when the industry settled on a particular
agreement?)
When it comes to effective real
estate negotiations, prompt and accurate communication is just as important as what's contained in the
purchase and sale
agreements.
Three of the deals came to lawyers through real
estate agents they were familiar with, and in all cases
agreements of
purchase and sale had already been signed
when the deal came to the lawyer.
I also think it gives us the ability to have a really good relationship with the real -
estate attorneys
when it comes time to explain some of the things that we negotiated or that we want to make sure are in the
purchase - and - sale
agreement going forward.
A Missouri appeals court has ruled that a real
estate brokerage was entitled to a commission
when a buyer it had represented
purchased a home the brokerage had previously shown her, even though the buyer's rep
agreement had expired.
This is a very significant decision and obviously lawyers should be vigilant (as well as real
estate agents) to see what the declarant
agreement is
when warning any purchasers of limitations in their
purchase of a condominium unit.
A Manitoba «Master» of the court held that
when an
Agreement of
Purchase and Sale contained a condition precedent for solicitor's approval, a defendant's solicitor could advise real
estate agents that he would not approve going through with the sale.
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
American Corporate Real
Estate v. Lifetime Hoan Corp. (233 A.D. 2d 413)- broker not entitled to commission where building ultimately
purchased by buyer was not available for
purchase when broker introduced buyer to building; under facts of the case, broker's allegation of oral exclusive broker's
agreement is insufficient to warrant denial of buyer's motion for summary judgment.
Assignment of Real
Estate Purchase & Sale
Agreement —
When flipping, you can assign your contract with this form or get another investor's contract assigned to you.
Namazi Real
Estate Corp. v. Johnson (243 A.D. 2d 396)-- broker's motion for summary judgment denied and defendant's cross-motion for summary judgment dismissing the complaint affirmed; broker failed to establish they produced a buyer ready, willing and able to
purchase the property at terms set by sellers; parties were not in
agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date
when the defendants would vacate the premises; broker failed to establish that sellers wrongfully or arbitrarily prevented completion of a deal.
Escrow opens
when the buyer and seller sign a sales contract, commonly called a Real
Estate Purchase Agreement and a deposit is paid.
When writing a Purchase and Sale Agreement, here are some guidelines for deciding when to seek the advice of a competent real estate attor
When writing a
Purchase and Sale
Agreement, here are some guidelines for deciding
when to seek the advice of a competent real estate attor
when to seek the advice of a competent real
estate attorney.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing
agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing
agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers
when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing
agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit
when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for
purchase and sale of real
estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real
estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing
agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend
purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating
purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to
purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained