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materiality

“Substantially the Same Condition,” Defined (Sort of)

Standard for Buyer’s Walk-Through Inspection “Buyer has the right to a walk-through review of the property prior to closing to establish that the property is in substantially the same condition as of the date of this Purchase Agreement.” –Minnesota residential Purchase Agreement; lines 358. – 360. “I know it when I see it.” —United States...
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The Difference Between “Negotiating” and “Haggling”

Negotiating is a crucial part of any deal, and lays the foundation for a clear, enforceable contract. Haggling is . . . an annoying waste of time. What’s the difference? Exactly two decimals. $10,000 vs. $100 So, a $10,000 item on a $250,000 house is the stuff of negotiation. A $100 item (or less) is haggling. (Note:  accountants’...
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“Substantially the Same Condition”*

Standard for Buyer’s Walk-Through Inspection “I know it when I see it.” –United States Supreme Court Justice Potter Stewart’s threshold test for defining obscenity. What’s fair game for raising issues during the Buyer’s walk-through inspection? (typically, conducted within 48 hours of closing).  At least in Minnesota, any changes to the home since the Buyer’s inspection that substantially alter its...
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