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 […]
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 […]
Today, in part 5 of our Understanding the CAR Form Series we examine the process to close escrow. The Pittman v. Canham case sets forth the legal precedent related to closing the transaction and what happens when the parties mutually fail to close on time as required by the contract. As always, if you have […]
Today, we continue our look at understanding the RPA. Several questions were received related to recovering the escrow deposit after a buyer’s breach. So we examine this important issue of how to compensate the seller when a buyer breaches and conversely the use of specific performance when a seller breaches the RPA. As always, if […]
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, […]