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. All negotiations appeared to be going The Mailbox Rule is an area of Utah state law that declares the contract to be effective once the person accepting terms of said contract delivers it to a mailbox. The buyers stated in Addendum No. 2 that if they had not heard back from the seller by 12 a.m. that day, they would consider their counteroffer accepted. The seller was aware of the Mailbox Rule and delivered the accepted contract to a mailbox at 10:15 p.m.. The seller then experienced a phenomenon known as seller’s remorse, and left a voice message for Jon and Marsha at 12:30 a.m., thirty minutes past the proposed
Our decision was based on determining if there was contract formed and if the terms of said contract were performed by both parties. We found that Abigail placed an advertisement with the intent to lead readers to believe that she was selling “purebred toy breed puppies” for $100, “quoted for immediate acceptance”. Alex responded to Abigail’s advertisement and accepted her offer by submitting the required $100 payment to the P.O. Box, as stipulated in the advertisement, and inquired about when he could pick up
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
Riley (2008), the New York Supreme Court was deciding the legality of terminating a contractual agreement purchasing an apartment. The apartment, owned by Riley, was sold to Shillington with the promise that a large wall would be removed upon purchase. After paying the down payment, Shillington was informed by a broker that the wall could not be legally removed from the home as it was previously promised to be. Shillington took action to terminate the contact and requested his down payment back from Ackley due to negligent misrepresentation of the property. The court cited Stambovsky v. Ackley in its decision that a contractual agreement may be terminated if the seller of a property leaves out information that can lessen the value of the property being sold. In this case, the wall took up 200 extra square feet of space and its existence decreased the value of the property. The court applied this information but the case was dismissed and a settlement between the parties was reached.
The real estate industry is thriving with approximately sixty-eight percent of all Americans being homeowners. With low interest rates, 1st time home buyer down payment assistance programs, and government funded educational opportunities (i.e. the Home Ownership Center of Greater Cincinnati), the real estate and mortgage lending industries will continue to flourish. However, there are some unethical lending practices that are threatening the housing industry as a whole.
...iven it to the seller’s agent, they have the right to come back with a counter offer to the agreement. On line 128 of the purchase agreement it says, “The offer to purchase is acceptable, provided the purchaser agrees to the following changes.” This is where the seller is able to make amendments to the buyers offer. After the seller has made the counter offer and the buyer has accepted, we prepare to close the transaction.
The courts stated that the statue of frauds purpose is to suppress fraud for instances cooked up claims of agreement, sometimes fathered by wish, imagined in the light of subsequent events and sometimes simply conjured up. In this case per the verbal contact that both parties had agreed to regarding that the Suttons could at any time during the first five years buy the property, but when the Werner’s reneged on the agreement, the Sutton’s sued and the Werner’s defended by alleging that the verbally agreement between both parties was not valid because there was not written contract. This was not ethical on the Werner’s behalf because the only reason that they reneged on the agreement was due to the increase value of the property, had the property depreciated or gone down in value the Werner’s would have acted or thought differently as this was not discussed in the beginning. In this case the doctrine of part performance, which states that if an oral contract for the sale of land or transfer another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice could be applied due to
A Theory of Justice is the magnum opus of 20th century social contract theorist and political philosopher, John Rawls. A bit of background into this work is that social contract theory had fallen out of favor with political scientists and philosophers since the last 18th century, with the success of the American Revolution and the apparent triumph of John Locke and Democracy. However, with the advent of modern globalization, the emergence of America as a superpower, but the growing concern of socio-economic disparity necessitated a revisiting of the social contract, what it means, how societies and governments were best constructed.
Real estate transactions can be complex, making it difficult to navigate without legal assistance. A real estate attorney can walk a home buyer or seller through the legal process for the transfer of ownership of property. The fees for real estate lawyers can be a set price, like $800, or a rate per hour spent on the deal, depending on the area. Real estate attorneys are overseers of the legal work involved in buying or selling property. They are very beneficial in ensuring the interests and rights of the client are preserved. Moreover, a buyer's attorney checks the sales contract, or the legal document committing the buyer to purchase the home, to make sure the buyer is protected. The attorney checks the title, or chain of ownership to the property, for any problems or liabilities, such as liens. All mortgage loan documents and legal papers for the purchase are verified and filed by the attorney. A seller's attorney will check the sales contract to protect the seller and address any title issues that arise, arrange for any final payoffs for existing loans and prepare the necessary documents to transfer ownership of the property. More importantly, real estate attorneys can protect a buyer or seller from financial loss. A sales contract that does not have a clause allowing termination for a failed inspection can cost a buyer hundreds of dollars to cancel if the home is found to have a major problem, such as mold. Loan
High economic growth and falling employment will result in a higher proportion of the population having higher incomes so demand for house purchases is likely to increase. Houses are normal goods with a high income elasticity of demand meaning that when incomes rise, the quantity demanded increases by a larger proportion than the change in income. Demand for house purchases is also likely to increase because people with higher incomes are likely to switch from renting to purchasing a house or may even invest in a second home.
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
As a result of our continued company’s growth, I am excited to see how we can expand our portfolio to invest in a company that would bring us a good rate of return. Our main business as you know is residential real estate, therefore, I propose investing in a strong commercial real estate company that would allow us to reap the benefits from the recent surge in the commercial market demand. My commercial real estate company of choice is CBRE Group, Inc. There US headquarters are located at 11150 Santa Monica Boulevard, Suite 1600, Los Angeles, California 90025. CBRE is one the largest commercial real estate service companies with an industry classification as real estate investment trusts. There fiscal year ends on December 31, 2013. The company is traded on the New York Stock Exchange under the symbol CBG.
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
S&L industry swelled, underwriting standards loosened, and uncertainty about the underlying value of real estate assets permeated (ring a bell?)
As Simister (2009, p. 3a-16) pointed out, the construction industry has a wide selection of standard forms of contract. To protect the client needs and fully address the project requirements, ATCO and Siemens formed a CCDC 5A - 2010 (a form of contract for construction management and services).
Occasionally there may be misunderstandings made by individuals/parties in differentiating between a simple contract and a speciality contract. From what is understood, a speciality contract may be; “illustrated by reference to gifts”, as stated by (Richards, 2009).