What are contingencies? Contingencies are procedural measures taken during the contract drafting that aim to protect both the buyer and a seller of a home. When buying a home, buyers are exposed to several risks. Buying a house doesn’t come with a return period if you’re unhappy with the product, so to speak. It’s not online shopping. Once you commit and sign the final papers, you’re stuck with the house, whether you like it or not. Contingencies work for you, ensuring that you are safe from many issues, such as financial backing failures, and they work for both the buyer and the seller. How contingencies work? A house purchasing contract takes weeks, even months to perfect and have it reach a final version. Contingencies go into the contract over the course of these weeks, and they are often renegotiated or altered. This period of back-and-forth negotiating is referred to as “escrow”. During escrow, both parties strive to meet contingencies or have them completed and removed from the contract. You need to keep the other member(s) or the contract aware of any progress made, such as...
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
With that in mind, it is important to understand a couple of concepts before analyzing and determining the effectiveness of that document. Although people do not always realize it, the purchase of a home is one of the b...
Common law dictates that the acceptance must be a mirror image of the offer, regardless of what the difference may be. The Pride v Lewis case is an example of the mirror image rule in action. Pride owned a house which they listed for sale but found a renter in the meantime. Lewis made an offer on the house with a closing date of May 15th, and the Prides accepted but changed the closing date to June 1st and proceeded to evict their tenant and take the house off the market. When the Lewises never showed up to closing, the Prides relisted the house but were never able to find another tenant and ended up selling the house for $15,000 less than the Lewis’s had offered. The Prides sued the Lewises for breach of contract but lost due to the mirror image rule. The different closing date in the acceptance effectively rejected the Lewises offer and no contract was formed. The UCC is not as stringent on the acceptance, it utilizes a “battle of forms” as dictated in section 2-207 which checks for a substantive difference between the offer and the acceptance, such as price, goods ordered, delivery date, and other similar matters. It could also allow a term from the acceptance to be considered a valid part of the contract unless the offer expressly limited acceptance, the new terms would substantively alter the offer with differences such as price, or the offeror objects to the new terms within a reasonable time
In the 1992 Syracuse Law Review, Robert L. Sweeny explicates some of the various terms that are necessary for real estate contracts to include. The author writes that it is essential in many real estate contracts for the property to either have no impediments or to provide insurance on these impediments in the form of an insurable title. The writer cites Stambovsky v. Ackley as a case that lacked this type of contact, which resulted in
For the decades before the current housing crisis, buying homes and loaning money was a simple, but strict, affair and had had two outcomes. Either the borrower could pay back the money owed or they could not pay the money back. If the borrower could pay the money back, they could keep their house or whatever they took out the loan for. If they could not pay the money back, the lenders repossess the things that were not paid for. When this happens with a house, it is called foreclosure.
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
For example, a realtor signed a contract with a couple to sell the couple apartment in two months. The realtor was able to sell the couple house in two months.
comes to buying a home, whether you are a first time home buyer or venturing into buying your
In our society today, law enforcement have to follow certain rules and regulations in order to keep our society safe and to ensure that people's individual rights are not violated. However, there are some circumstances that allow law enforcement to interfere with these constitutional rights. For example, the exigent circumstance rule alters the general requirements of a warrant. This rule gives authority to law enforcement to make an imminent action based upon an emergency situation where physical harm is present or to forestall the imminent escape of a suspect or the destruction of evidence without a warrant. These are among the key factors that allow law enforcement to interfere, even if they do not have a warrant to do so. This rule was
Whether you are a first time home buyer or a seasoned home buyer, it is important to be aware of the requirements, policies and procedures that could potentially assist you with your home buying needs. As frequently evidenced, the housing rules keep changing. The government keeps proposing new funding programs and the stipulations that need to be met by buyers are ever changing. Staying abreast on these details will help ensure you have a smooth and valuable home buying experience.
When you apply to get home loans, you are required complete a lot of paperwork. When signing a mortgage contract, it is important that you understand the terms of the contract. Most contracts are for a period of 30
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
(Insert Citation p 305). Consideration refers to the attained good or service agreed upon by each party under a contract. Contractual Capacity is the legal ability to enter into a binding agreement. Some factors that affect contractual capacity are: age, mental health and agreements under alcohol intoxication. Last but not least is the legal object, which means that for a contract to be enforceable it must be of legal intent and comply with public policy. If all of these factors are present in a contract, we can conclude that a binding contractual agreement exists and it is enforceable by law.
The exclusion clause is an important device for allocating the risks between the contractual parties. However, the exclusion clauses could mostly be found in written contracts, especially standard form of contracts. Standard form contracts with consumers are often contained in some printed ticket, or delivery note, or receipt, or similar document. In practice, it is very common that if a person wants the product, he may have no alternative but to accept the terms drawn up by the other party even though such terms are disadvantage to him, or he may simply accept it regardless the possible unfavorable position because he does not trouble to read a long list of terms and conditions. Therefore, contracts are regularly signed, tickets are simply accepted, or a tick-box on a website is clicked, commonly between large companies and individual consumers.
The company’s liabilities and contingencies are recognized on a case-by-case basis. Contingencies could have a material contrary effect on the consolidated financial statements in a future fiscal period. The contingent liabilities include, legal proceedings, securities, and class action litigation 's . Antitrust, tax, contracts and intellectual property are other