http://realblogging.com/archives/legal/ Real estate blog l Real estate blogs l Real estate blogging Wed, 16 May 2012 05:46:00 +0000 hourly 1 http://wordpress.org/?v=3.3.2 http://realblogging.com/archives/legal/comment-page-1/#comment-4164 Patte Schlamel Wed, 30 Nov -0001 00:00:00 +0000 http://realvlogging.com/?p=2421#comment-4164 My only comment is to add, that in 16 yrs, only 2 times did I feel I may get involved in some kind of suit. Both times, it was the seller. Both had changed their minds about selling, and came after me, looking for a way out of the contract. As they looked for misplaced initials, incorrect wording,and anything else they considered to "void" the contract, it came back with legal advice that "their intent" was there. Do you agree, that the intention of the parties when signing, may hold up? My only comment is to add, that in 16 yrs, only 2 times did I feel I may get involved in some kind of suit. Both times, it was the seller. Both had changed their minds about selling, and came after me, looking for a way out of the contract. As they looked for misplaced initials, incorrect wording,and anything else they considered to "void" the contract, it came back with legal advice that "their intent" was there. Do you agree, that the intention of the parties when signing, may hold up?

]]> http://realblogging.com/archives/legal/comment-page-1/#comment-4165 Philip G. Schoewe Wed, 30 Nov -0001 00:00:00 +0000 http://realvlogging.com/?p=2421#comment-4165 The intention of parties to a real estate contract is to be understood from the "4 corners" of the contract paperwork. When a party "wants out" of an otherwise effective contract, they will try to do it doing the "executory period", the time frame after signing the agreement to the time of fully executing or completing (closing) the contract. So, they will be trying to destroy the clarity in the areas of (1) Price (2) Terms and (3) Condition of the sales contract (PTC). The attorney that is hired will try to wear the other party down by spending time and money by claiming a lack of a "meeting of the minds" in the PTC areas and may even find something that is, in fact, not clear in the PTC. Having found an item lacking clarity, the contract then is declared lacking a "meeting of the minds" and so the arguement goes... or, the simple wearing down of the other party in time and money will cause, on occasion, the other party to cry "uncle", even when an otherwise well-written and valid contract exists. The intention of parties to a real estate contract is to be understood from the "4 corners" of the contract paperwork. When a party "wants out" of an otherwise effective contract, they will try to do it doing the "executory period", the time frame after signing the agreement to the time of fully executing or completing (closing) the contract. So, they will be trying to destroy the clarity in the areas of (1) Price (2) Terms and (3) Condition of the sales contract (PTC). The attorney that is hired will try to wear the other party down by spending time and money by claiming a lack of a "meeting of the minds" in the PTC areas and may even find something that is, in fact, not clear in the PTC. Having found an item lacking clarity, the contract then is declared lacking a "meeting of the minds" and so the arguement goes… or, the simple wearing down of the other party in time and money will cause, on occasion, the other party to cry "uncle", even when an otherwise well-written and valid contract exists.

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