What is this topic about?
Writing the Deal is about contracts. Contracts are the glue that holds real estate deals together. Contracts hold deals together because they are enforceable in a court of law. The coercive power of the state lies just below the surface in every real estate transaction. It makes the process of buying and selling real property more formal and more stressful.
This topic begins with Understanding Contracts. The Understanding Contracts section covers the common law of contracts from formation of the contract to its enforcement including, along the way, everything from the necessary legal elements of a contract to dealing with multiple offers. Also included in the topic is the subject of Standardized Sale Forms. Addendums, a ubiquitous partner of sales forms, are covered in the Addendums section of this subject.
Writing the Deal is about more than just form contracts and addendums, it is also about the performance of contracts. This important subject is explained in the Aiding Contract Performance section. A big part of aiding contract performance is what to do if one party or the other threatens to, or actually does, breach the contract. When that happens, the agent can benefit from the Handling Client Disputes section of this topic.
- Understanding Contracts
- Statute of Frauds
- Earnest Money
- Statutory Provisions Involved
- Administrative Rules Affecting Earnest Money
- Understanding Earnest Money
- Addendums
- Formation Addendums
- Mutual Agreement Addendums
- Single Party Addendums
- Disclosure Addendums or Do Nothing Addendums
- Multiple Offers
- Statutory Provisions Affecting Multiple Offers
- Administrative Rules Affecting Multiple Offers
- Explanation of Administrative Rules Involved
- Multiple Offers and Single Agency
- Multiple Offers and Dual Agency
- Handling Multiple Offers
- Standardized Sale Forms
- Aiding Contract Performance
- Agent’s Role in Contract Performance
- The Client’s Contract Performance
- Good Faith Performance of Contracts
- Short Sales
- Do the Numbers
- Talk to the Client
- Contact the Lender
- Market the Property
- Write the Deal
- Getting Paid
- Dealing with Foreclosure Consultants
- Multiple Offers and Escalator Clauses in Short Sales
- Understanding the Short Sale Market
- Dealing with Short Sales in the New Short Sale Market
- Handling Multiple Offers in Short Sales
- Escalator Clauses in Short Sales
- Understanding Multiple Offers in Short Sales
- Developing Practices for Dealing with Multiple Offers
- Dealing with REOs
- Foreclosure
- Statutory Provisions Involved
- Judicial Foreclosure
- Non-Judicial Foreclosure
- Marketing Property in the Face of Foreclosure
- Homebuyer Protection Act