Contracts and Transactions

Attorneys with contract and pens in hand

Multiple Offers Gone Wrong: How the CRES Legal Hotline Prevented Multiple Claims Against One Agent

A listing received multiple offers.  The seller narrowed it down to two, and the agent sent out two counteroffers – but failed to specify which counter was back up. The only contingency was the seller’s ability to find a new home. Before the agent realized the mistake, both counters were accepted and returned within minutesRead More

man and woman sitting with laptop discussing contract

Are Oral Contracts Legal in Real Estate?

Sometimes it pays to review the basics: You need a written contract when selling property.   CRES ClaimPrevent Hotline was recently contacted by a client who wanted to know if an oral contract to sell land in California is enforceable. One of our attorneys noted that in theory the sale of land can be accomplished:Read More

duplex with gaarges in the middle

Representing Buyers of Income Property with Tenant Agreements

Buying a duplex can be appealing to clients for a number of reasons. Your buyers of multi-family homes need to know what happens to tenant agreements when property transfers to a new owner. CRES Risk Management recently heard from a client who was representing the buyer of a duplex. In this situation, one side ofRead More

man with blindfold on

Selling a Property Sight-Unseen

According to a survey commissioned by Redfin, around 35% of real estate buyers purchased a property sight-unseen last year. These buyers often purchase at the higher end of the market, in competitive real estate markets such as Los Angeles, San Diego, and San Francisco. Sight-unseen purchases are also common among investors who want to rentRead More

Older Victorian House sold As Is

Real Estate Buyer’s Agent Guide to Buying a Home As Is

Not every house is a dream home.   Properties offered for sale “as is”  indicate the seller plans to sell the home in its current condition, without any further repairs or renovations. Buying a home “as is” can be an attractive option for: investors who plan to renovate and “flip”  the home for profit, buyers whoRead More

male real estate agent giving thumbs up

9 Potential Real Estate Lawsuits and How to Avoid Them

From a presentation by Jim Meseck, White and Steele If there’s an unhappy seller or buyer, you can bet they’re going to find a way to blame their real estate broker or agent. We’ve seen potential real estate lawsuits occur when buyers’ and sellers’ expectations exceed what is reasonable. (Some of them would be laughable,Read More

man on phone texting

Can You Text Changes to a Lease Agreement?

A couple was selling one home and moving into another that needed work. They arranged to lease the house they sold, while a contractor did the work on the new house. At closing, the sellers had a written 7-month lease agreement with a specified move-out date. Before the lease was up, the buyer and sellerRead More

real estate agent writing contract

How to Ensure Offer Terms Survive the Real Estate Closing: the Doctrine of Merger

Errors and Omissions claims against real estate agents or brokers are often based  on the Purchase Agreement and Sales Disclosures. Clients who feel their interests were not adequately protected often turn to filing a claim against their agent or broker. Often, claims arising from the Purchase Agreement are based on a legal concept called theRead More

paper with withdrawn stamp

How to Withdraw Counteroffers to Prevent Real Estate Lawsuits

The good news is that you’ve gotten multiple offers on an open listing. The bad news, you accidentally sent out two counter-offers. What should you do? One of our clients faced that exact situation. Our client realized that this put the seller in a potential situation of being under contract to sell to two buyers,Read More

agent advising agent about firpta

How to Advise Buyers of FIRPTA When Purchasing from Foreign Sellers

Many real estate agents representing buyer clients have come across properties being sold by a foreign person — or someone who appears to be a foreigner. You may be unaware of the responsibility the buyer’s agent has in assisting buyer clients to evaluate and confirm the seller’s foreign status. The buyer also has a responsibilityRead More

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