Articles

Teacher, must a contract be signed and delivered in order to be binding? No, it must be signed, but it need not be delivered. But I am confused, I thought an offer could be withdrawn until the seller had delivered a signed contract. That is because you have lost your center and forgotten life is […]

YODA ON MEGAN’S LAW Just participated in a Night Court, I have. Much debate, dissension, and desire to kill to Jedi lawyers, there was. Good thing I had my light saber, it was. Anyway, compiled some of my wisdom for you, I have. From the Dark Side of the Force: SPRINGDALE, Ark. (AP)∙ A developer […]

Sales are subject to existing leases. And in fact, sales can be subject to oral leases. That is why a seller signs an affidavit at settlement saying there are no such leases and that no one else is in possession of the property at closing. It is also why the standard contract obligates the seller […]

Walking Away, or You Can Have My Deposit All too often, buyers think they can simply walk away from a contract and all they have at risk is their deposit; and, worse, real estate agents often think the same. Nothing could be more wrong. In a recent case a buyer looked for an out of […]

Vicarious liability may be defined as the liability one suffers for the act or acts of another. In the real estate agent context, vicarious liability concerns itself with whether a broker or firm is liable for the acts of its agents. And under traditional tort principles, as you were taught in your real estate class, […]

My favorite current urban legend is the one where it is said that Bill Gates has a chain e‐ mail tracing program, and if you forward the chain email Bill will pay you $1,000. Sorry folks, not true. There is one rule of your profession that has, in my opinion, reached near urban legend status, […]

A TALE OF TWO TERMITES It was the best of houses, it was the worst of houses. It was the age of disclosure, it was the age of seller diversion. It was the epoch of belief, it was the epoch of inspection incredulity it was the spring of a good market, coming from the winter […]

Title Problems 101 Simple Judgment Liens Seller has numerous judgments docketed as liens against his property. Seller filed bankruptcy and had the judgments discharged. Doesn’t the bankruptcy also discharge the judgment liens so that the property can be sold free and clear of them? No, not unless special attention was paid to them in the […]

A Real Estate Agent’s Guide To The Unauthorized Practice of Law Part 1, Background As I hang out on the legal corner I frequently hear agents, usually more experienced ones, chastise their younger colleagues not to give legal advice lest they find themselves pursued by the practice of law police. And as a member of […]

The Midnight Ride of Flood Zone Fear Listen my agents and you shall hear, Of the disclosure you must make before buyers are near; Virginia’s law on this is bright and clear Listing agents must disclose material adverse facts (front or rear) To what, you ask, do those facts appertain? Condition of the land says […]