Tag

earnest money

The Best Way to Cure Breach of Contract (for a Late Written Statement)

Means to an End (“Eyes on the Prize”) [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway (“Berkshire”), or any other entity referenced. If you need legal advice, please consult an attorney.] What do you suppose is the best way for a home Buyer...
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Vetting Home Buyers’ Finances

Financial Due Diligence for Home Sellers (and Their Agents) As a former corporate attorney and CPA, one of my strengths selling real estate is helping Sellers “vet” the Buyer’s finances. Before they get to closing. In a nutshell, it comes down to this:  “Can the prospective Buyer financially perform?” (legalese for “can they afford the property...
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Purchase Agreement: “Buyer’s Earnest Money Due After Inspection Contingency Removed”

Is the Buyer Short of Cash?  Not Committed to Deal? [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] Normally in Minnesota, the Buyer’s earnest money is due to the...
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“Get Me Out of the Deal!”: Statutory Cancellation for Beginners

“Subject to” . .  “Statutory” . .  . “Cancellation” . . . Huh?!? [Editor’s Note:  In addition to “statutory cancellation,” there is another legal status called “subject to statutory Rescission.”  At least in Minnesota, purchasers of condo’s and townhomes have a 10 day right to rescind while they review the related Association disclosures.   While that 10-day...
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Real Estate Typos: What Do You Call the Check That Goes With the Purchase Agreement?

“Earnest Money” vs. “Ernest Money” If your first name is Ernest and you were buying a house, I suppose the check you wrote to go with the Purchase Agreement could be called “Ernest money.” However, for everyone else, the proper term is “earnest money.”  🙂 Definition For those not familiar with earnest money, think of...
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“In Buyer’s Sole Discretion”

Why Buyers Can Walk When the Home Doesn’t Appraise “Buyer agrees to pay in the following manner:  1) Cash of _____ percent (%) of the sale price, or more in Buyer’s sole discretion . . . “ –Excerpt, standard Minnesota Purchase Agreement (emphasis added). [Editor’s Note:  The views expressed here are solely those of Ross Kaplan,...
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