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by ME&W | Aug 28, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
by James L. Goldsmith, Esq. Mistakes happen. Consider the case of listing agent Robert. Robert happened to be on vacation when he received an offer at list price. He reviewed the standard form on his cell phone and reported to the sellers that it looked great. The agreement was executed electronically as was the sellers’ estimate of closing costs. At settlement the sellers and listing agent were surprised that the net proceeds were $9,000 less... by ME&W | Aug 8, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
The first question decided by the court was whether the seller was liable for failing to deliver a Property Disclosure Statement, where the agreement included an “as is” clause. The second question was what constitutes “actual damages” as the term is used in the Real Estate Seller Disclosure Law (RESDL) to define a buyer’s remedy for breach of the statute. The case involved the sale of a 165-year-old two-story, single-family home with barn, garage and... by ME&W | Jul 25, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By: James L. Goldsmith, Esq. My wife and I were recently sharing a farewell dinner with a couple moving from the mid-state. Their home was sold and packed. They were letting down their hair after a week that was particularly demanding, both physically and mentally. The wife of this couple, Betsy (not her real name) had called me a month earlier about their buyers’ demand to visit the house with a contractor to take measurements... by ME&W | Jul 16, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By James L. Goldsmith, Esq. In news and other articles, another’s profanity is frequently replaced with “expletive deleted.” Some use the term in self-censorship. More often, we just let the expletives fly. At that moment it might feel quite good to do so; upon reflection, not so good. Realtors® hold no ownership on profanity or expletives deleted, the inspiration for this article did, however, arise in the context of a Realtor®-related dispute. The matter involved... by ME&W | Jul 16, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By James L. Goldsmith, Esq. Does a listing agent have a right to see your buyer agency contract? At the moment, I can’t think of a good reason! It is not prerequisite to your being paid a cooperating commission. Your entitlement to that is wholly dependent upon whether you are the procuring cause of the sale. The terms of cooperation, established by your local MLS, make that clear. It is NAR’s policy, applicable to Realtor... by ME&W | May 22, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By: James L. Goldsmith, Esquire Many believe that an Agreement of Sale is effective the moment both parties sign it. It can be, when the parties are in the same room to witness the others’ signing. More often, however, the parties review agreements at separate locations and without knowing what the other side will do. Imagine that a buyer signs an agreement before bed and sets it on her nightstand, only to awaken at 3... « Older Entries