October 2020

Found 5 blog entries for October 2020.

What happens when a buyer or seller defaults on a real estate contract? Well in Georgia as of 8/1/2018, the earnest money (good faith money, deposit...) will be of great interest as the ability for the parties to sue is limited. Our friends at Campbell and Brannon, Attorneys at Law provide this concise overview.

When a Buyer Defaults on a Real Estate Contract

real estate lawyer atlantaIn the event this Agreement fails to close due to the default of Buyer, Seller’s sole remedy shall be to retain the earnest money as full liquidated damages. Seller expressly waives any right to assert a claim for specific performance. The parties expressly agree that the earnest money is a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to

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what is due diligenceWhat is the due diligence period? It's arguably the single most important part of a home sale. Of course everything matters but the due diligence period is essentially an “option period” for the buyer, the time where all of the critical research is to be completed. The buyer has virtually total control during this period. Emotions run especially high; buyers are presented with reports that often scare the hoohah out of them, sellers usually see inspection amendments as a money grab and their backs immediately rise.

Most drama and legal issues are tied to due diligence, seller disclosures and repair amendments. Seller's disclosures are not required in GA, many buyer's fail to understand this. On amendments that address inspection issues, everything has

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 Murder, violent crime, natural death, neighborhood sex offenders, meth labs... would these be things the average home buyer might be interested in learning about if they liked a particular home? If so, don't expect any help from a seller. These and a long list of other things, are not required to be disclosed in Georgia. Things required to be disclosed by home sellers in Georgia are puzzling, right down to the "must be disclosed only if asked" rule. This often surprises home buyers in Georgia. Those using an inexperienced or no agent rarely understand the importance of making good use of the due diligence period.

homesellers never lieMeth labs are scattered all across the country, including throughout metro Atlanta. Yet there is NO requirement to disclose that a home has

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The 2019 Southern Living Idea House has done it again! Located on Amelia Island, this fabulous beach house delights us with its' classic design and details.  Designed by architects from Historical Concepts and built by Riverside Homes, this pristine white and blue victorian style home reminds us of the old south. Benefiting the Amelia Island Museum of History, the home will be open to visitors until December 8th. The stunning and well thought out interiors were brought to life by Heather Chadduck Hillegas.  The use of white, blue and green brings a fresh, yet traditional look to this timeless home - a perfect combination of old and new.  Are you ready to be inspired?  Take a look at the 2019 Southern Living Idea House - Part 1

White coastal home with upper and lower front porch, blue door and lantern light

via Southern Living,

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waive the appraisalIs it wise for buyers to waive the appraisal contingency? Appraisals continue to cause agita among many in the home buying process. Is the answer to eliminate it? Current offers reflect the “current” market (listings/pendings) while appraisals reflect the “past” market (solds). This is an inherent conflict especially in a transitional market. When inventory is tight and seller markets exist, the "cleanest" contracts get the most attention. Cash buyers can obviously waive the appraisal contingency completely. Buyers with mortgages must have an appraisal, but there are ways to ease a seller's mind even when an appraisal is required.

Waiving the appraisal contingency is done to present a more streamlined and competitive offer. Completely eliminating the

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