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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…

COVID-19 Q&A

Answers to questions from members across the state regarding the COVID-19 pandemic.

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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…

Do all owners need to sign my Property Management Agreement?

QUESTION: My firm handles both sales and property management. We have recently been in discussions with a prospective client about listing his residential property for rent. He told us that he has been divorced for several years. However, when we checked the Register of Deeds records online, we discovered that his ex-wife is still on…

July 2023 – Summary of July 2023 Residential Forms Changes

The following residential forms have been revised effective July 1, 2023. 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.

Do all title holders need to sign the listing agreement?

QUESTION: We have a client who would like our firm to list her house. The title has her name and another person’s name. The client is telling us that this other person doesn’t even know he is on the title. She put him on the title years ago in case something happened to her. Now…

Legal Quiz: Top Ten Questions (November 2021)

Can you answer Will Martin’s all-time top 10 legal questions?

Can I stop a former client from using my photos?

QUESTION: A former client has advertised their home as For Sale by Owner on a website, and the FSBO advertisement uses all the pictures that I took of the client’s home when I was their listing agent last year. The listing agreement has expired, and the former client has not asked my permission to use…

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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…

Legal Talk: Form 350-T

Forms Guy chats about the buyer’s right to terminate a contract if the condition of a property changes.

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…

May the seller remove the contents of a fuel tank after going under contract?

QUESTION: I am about to list a property that has a large propane tank on it that the seller leases from her propane fuel provider. It has just been filled. I anticipate that the property will sell quickly. I have been reviewing the newly-released version of the Offer to Purchase and Contract (Form 2-T), and…

Which party gets to select the warranty company?

QUESTION: I represent a buyer. We found a house that my client liked and submitted an Offer to Purchase and Contract. In paragraph 10, the "Home Warranty" paragraph, we checked the second box which reads: "Buyer may obtain a one-year home warranty at a cost not to exceed $______ and Seller agrees to pay for…

What are a buyer’s rights under Form 2-T if they can’t close on their existing property?

QUESTION: If a buyer indicates in paragraph 5(b) of the Offer to Purchase and Contract (Form 2-T) that they have to sell other property in order to qualify for a new loan or to complete the transaction with the seller, does that create a contingency that would allow the buyer to terminate the contract and…

Can sellers wait until the closing documents are signed before removing their personal property?

QUESTION: I am the listing agent on a property that is under contract. Closing is scheduled for next week. My sellers are concerned that the buyers might not go through with the purchase, and they don’t want to move all of their furniture and other possessions until they know that the buyers have actually signed…

Should all offers include a specific end date for the “Due Diligence Period”?

QUESTION: From time to time, I receive offers in which the buyer's agent has not inserted a date in the blank in paragraph 1(j) of Standard Form 2-T. That blank is used to specify the expiration of the "Due Diligence Period." Instead, these agents insert the words: "30 days after the Effective Date." Should I…

When does the Due Diligence Period end if nothing is written in the “date” blank?

QUESTION: Don’t be mad at me, but my buyer made an offer with no date specified in the blank of paragraph 1(j) of the Offer to Purchase and Contract (Form 2-T), and the seller accepted the offer as written. I thought that if no date was inserted in this particular blank, then the Due Diligence…

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