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Who pays for de-winterizing and re-winterizing the pool?
QUESTION: I will be taking a listing on a property next month that has a swimming pool. The owner plans on having it winterized soon, which involves a fair amount of work, including lowering the water level, draining all the pipes and filling them with pool antifreeze, removing ladders and other non-permanent items, and putting…Seller Obligation to Pay Utility Connection Costs
QUESTION: I am listing a home for sale for a brother and sister. The home was previously owned by their parents, both of whom have passed away. My clients have told me that the home has not had power or water for over a year. If I list the home, will my clients be required…Legal Quiz: Top Ten Questions (November 2021)
Can you answer Will Martin’s all-time top 10 legal questions?
July 2022 – Summary of July 2022 Residential Forms Changes
The following residential forms have been revised effective July 1, 2022. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.July 2021 – Summary of July 2021 Residential Forms Changes
The following residential forms have been revised effective July 1, 2021. A summary of the significant changes to each form follows the list. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form immediately preceding the summary of the forms. Jointly-Approved Forms (approved by…Can a notice sent electronically be “legal notice” under the standard offer to purchase and contract?
QUESTION: My clients have a fully executed contract (Standard Form 2-T), but the buyers have not timely delivered the agreed upon earnest money deposit and due diligence fee. We know we can send a notice to the buyers demanding that they deliver the funds under paragraph 1(d) of the contract. Does the notice have to…Buyer’s Rights if Condition of Property Changes Between Offer and Closing
QUESTION: One of my listings was all set to close, but the buyer discovered during his final walk-through that the HVAC system wasn’t working properly. We had it checked out and unfortunately, it appears that one of the air conditioning units needs to be replaced to the tune of $6,000. The unit was working when…Which contractual obligations survive closing?
QUESTION: I have a question about paragraph 18 of Standard Form 2-T. Titled “Survival,” it states that if any provision of the contract is required to be “observed, kept or performed” after Closing, it shall survive Closing and remain binding on the parties until fully performed. That provision seems inconsistent with paragraph 4(h) of the…Is a free-standing stove a fixture that will convey with the property?
QUESTION: I represent buyers who have a property under contract. The parties used the standard Offer to Purchase and Contract (Standard Form 2-T). In paragraph 2(d), where the parties are given an opportunity to list any items that are not owned by the sellers, and therefore will not convey, the word "none" was inserted. In…“Fixtures” Paragraph and Garage Door Openers
QUESTION: I represent a buyer. Prior to submitting an offer on the Offer to Purchase and Contract (form 2-T), we wrote the words “NONE EXCEPTED” in the blank space in paragraph 2(e). When the seller returned the signed contract, he did not cross out any of the items listed in paragraph 2(b) or modify the…Legal Talk: Form 350-T
Forms Guy chats about the buyer’s right to terminate a contract if the condition of a property changes.