9 October 2013 | 26 replies
In "modern" D-T practice, "When no sale has actually been held ... the trustee is entitled to such compensation..." by statute.
23 July 2013 | 7 replies
You can still get paid both sides as a listing broker even if dual agency is illegal in that state.You simply state in the contract you are representing the seller and that the buyer is a "customer" and not a "client" for which you will be providing "ministerial acts" only.Those ministerial acts are usually defined in that states statute codes and also through the local state real estate commission.No legal advice.
7 November 2013 | 11 replies
Attorneys' fees are generally not recoverable unless there is a statute that allows it or you put it in your contract.
5 May 2015 | 17 replies
Escrow has enough boilerplate CYA language to satisfy me, and title is basically selling me a policy with a whole lot of exceptions, however the effect if using the two, I believe, further insulates me from future claims by seller.I get any other docs, such as Equity Purchase compliance (CC 1695) statutes as separate addendums, keeping the basic "deal terms" in the single page format.
9 June 2016 | 9 replies
In a RE P&S contract the owner is favored over a buyer, some aspects of trying to control what is usual and customary or required by statute can become an issue, you may get into predatory type transactions with a lopsided contract, so be careful in what you write.
4 May 2014 | 16 replies
Understand state foreclosure laws, the process, the statutes are on line.There is some great info by topic in the Harvard Law Review, "J" USLAW has good stuff.Again, look to state statutes as to secured and unsecured debts, mortgage laws, filing requirements "perfection or perfecting of security interests".The Dodd Frank Act changed everything in collections and originations, almost.
26 May 2014 | 29 replies
Per NC statute (ref: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.27.html) "An upset bid is an advanced, increased, or raised bid whereby any person offers to purchase real property theretofore sold, for an amount exceeding the reported sale price or last upset bid by a minimum of five percent (5%) thereof, but in any event with a minimum increase of seven hundred fifty dollars ($750.00)."
4 June 2014 | 1 reply
Read your state's general statutes.
20 November 2014 | 0 replies
Does it rub anyone else the wrong way that state statute forces property managers to do these two tasks (forward property valuation & send CRP form).