Contracts and Transactions

house with auction gavel in front of it

How To Manage Client Expectations About Real Estate Auctions

A real estate auction can be a highly effective way to sell a property. It’s an accelerated and intense process which can reduce the length of time a property sits on the market. It can also reduce costs and effort (on both the part of the agent and sellers) associated with ongoing marketing and multipleRead 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

tiny house in garden

Tiny House, Big Problem – Understanding the legal risks of building, buying and selling tiny homes

With the current affordable housing shortage in many areas of the United States, it’s no surprise that buyers are looking for low-cost alternatives to traditional housing options. Trendy tiny homes are the new flavor of the month — from home living magazines to lifestyle channels on television and stories of low-impact and affordable housing.  Everywhere,Read More

tract home neighborhood

How to Avoid 3 E&O Claims Against Real Estate Agents Representing Tract Home Buyers

Tract homes and communities often appeal to first-time homebuyers.  Buyers like the idea of selecting a floor plan, exterior design, interior finishes, and color palette in a brand-new home. The risk lies with the first-time buyers’ inexperience in the home buying and negotiating process. They are often unaware of the extra diligence required in aRead 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

piles of money

Money Laundering in Real Estate: How it works, how to identify it, and how to report it

Real estate money laundering is not a new problem in the United States. According to the Financial Action Task Force on Money Laundering (FATF), the real estate industry is particularly vulnerable. The US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) agrees. Various programs and crackdowns aimed at identifying the true origins of funds areRead More

neighbors shaking hands on verbal easement

How to Keep a Verbal Easement from Turning into a Lawsuit

Have you represented a property with a verbal easement? If so, did the buyer or seller get an Improvement Location Certificate (ILC)? If not, you could end up with a headache – or a lawsuit. We’ll share an agent’s actual experience and show you the best way to handle past and future sales. Recently, CRESRead 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

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