Kategorie: Wszystkie - performance - writing - contracts

przez Eloy Rodriguez 11 lat temu

456

Contracts

Contracts

Contracts; to do or not do something

Miscellaneous
Exclusive probate listing

not exceed 90 days

If a seller decides to return liquidated damages to defaulting buyer

Broker not entitled to a commission

Conservator

Court Order overseer of

Conservatee

lacks legal capacity to enter contract

Commissions

Are negotiable noted in listing contract

Company Dollar

Gross Income - sales persons commissions

Desk Cost

Total Operation expenses/ number of sales people

Option to Buy
Listing Agent's Option

must obtain the written seller's consent

must reveal any offers and the amount of profit

Does not give Right To Use
option clouds the title
optionee is under no obligation to buy
Deposit Receipt
Deposit

broker must give deposit to seller if requested to do so

Arbitration Clause not signed

file in court

Multiple Offers

must be presented to seller at the same time

General Information

Home Inspection

If seller quickly fixes a problem

Buyer still is still bound to the contract

Buyer must pay for damages caused by inspector

Vesting

Husband and wife

Community Property

Termination

Expiration

Death of the Buyer

prior to of acceptance of the offer

Rejection of Offer by seller

Withdraw

Must Return the Deposit

Contingencies
Listings
Nomenclature

Selling Agent or Office

Selling Broker

Listing Agent or Office

Listing Broker

General Listing Requirements

Cancellation

Seller may cancel listing anytime but may be liable for damages

Adequate description

Street address OK if only one property per street

Commission

Seller may turn-down an offer which does not meet exact terms without being liable for commission

Hold Harmless Clause

protect agent false information provided by seller

Broker Safety Clause

Receive Commission of introduced buyers after expiration date

Net Listing

Disclose selling price and commission to seller

Due Diligence

Exclusive Contracts

Termination Date

Exact terms the seller will accept
Breach of Contract
Liquidated Damages

Are divided equally between owner and broker

3% percent of purchase price or deposit

Sue for Specific performance

Court Orders seller to sign deed

Assignment if:
or not expressly prohibited
No personal quality to the promisor
Statute of Frauds
Not in writing

Seller may sue broker for broken oral promise

Brokers sharing commission

Sell Personal Property, e.g. Business opportunity

Lease for one year

In Writing

Another's DDebt

Listing

Lease for more then one year

Contract performed within one year

Valid Contracts
Consideration

adequate, good or sufficient

Lawful Object
Mutual Consent

Negated

Duress

Mistake

Fraud

Capable Parties
Non-illusory Contract
The offer must be “non-illusory” in character, that is it must actually bind the offer-or if it is accepted.
Unilateral Contract
Promise for an Act
Bilateral Contract
Promise for a Promise