Essential contract terms, such as price, describe the basic business deal. But "everything else" in the contract defines the parties' relationship and can prevent misunderstandings and later disputes.
Read MoreIt isn't sufficient for a purchaser to only obtain title insurance because the insurance policy excludes certain losses. Buyers should conduct their own due diligence to ensure they are aware of all liens on the property.
Read MoreFinCEN regulation of all-cash real estate transactions appears likely. Are you prepared?
Read MoreA sources and uses budget at the beginning of a transaction can help a buyer determine the amount of equity it needs at the closing table.
Read MoreTo understand the difference between appraisals, BOVs, and CMAs, real estate owners should understand the difference between the professionals that issue them.
Read MoreBefore the coronavirus pandemic, only a handful of states allowed remote online notarization. Now, most states allow remote notaries.
Read MoreMany contracts have material adverse change provisions, even if those words aren't used. Parties should examine contract material adverse change and related provisions to ensure they address the parties’ needs in light of the COVID-19 pandemic.
Read MoreAlthough title companies, lenders, and contracting parties may be able to continue business by telecommuting during the coronavirus pandemic, they still may need to adapt and change their closing checklists to assure that closings go forward as planned.
Read MoreMarket changes and governmental requirments due to coronavirus may trigger contract force majeure provisions and excuse parties from contract performance.
Read MoreThe implied covenant of good faith and fair dealing exists, at least to some extent, in every state's law. Yet, parties often do not consider the implied covenant's impact when negotiating and performing contracts.
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