Today, we conclude our look at when agents/brokers may be compelled to participate in mediation or arbitration. While generally, they must contractually agree to such, in some situations, the court has carved out exceptions to when a party may be required to participate in mediation/arbitration even though they contractually did not agree. It can happen! […]
A common topic that comes up with many sellers is how do I actually enforce my right to liquidated damages. The RPA contains a liquidated damage clause that most parties agree too. But in the event of a buyer breach — how do you actually enforce that remedy. Today we take a look at the […]
We routinely get questions from agents and brokers regarding whether they can be compelled to participate in mediation or arbitration. Today, we look at the leading case of Nguyen v. Tran and how the court resolved that initial issue. In the second installment on this topic we will look at the exceptions to contractual arbitration […]
Today, in part 8 of our Understanding the CAR Form Series we review the obligations of the agent in completing the AVID. This is always a hot topic with questions attempting to identify what does and does not need to be disclosed. The simple answer is when in doubt — Disclose. As always, if you […]
Today, in part 7 of our Understanding the CAR Form Series we review the obligations of the seller in completing the SPQ. This is always a hot topic with questions attempting to identify what does and does not need to be disclosed. The simple answer is when in doubt — Disclose. As always, if you […]
April 5, 2018 | Category:
News,
RPA
Today we continue our series on the CAR contracts and look at how to effectively cancel a contract and liquidated damages when the buyer breaches the agreement. The RPA has a very defined process that a seller must utilize before canceling a contract. Failure to properly use the contractual procedure can be troublesome for a […]
Today we continue our series on the CAR contracts and look at how contingencies work under the RPA. The contingency sections of the RPA provide both significant benefits and responsibilities for buyers and sellers and it is important to understand how they are applied. As always, if you have any questions about your real estate, […]