Found 6 blog entries tagged as contracts.

Atlanta home buyers and sellers know the chess game that the '20-'21 real estate market has been and continues to be. The shortage of housing inventory around the greater Atlanta market is well known; there's no cavalry on the horizon. Buyers are bruised and beaten, just about all having lost more than once during multiple offer situations. The idea of offers over list moved from "only if we need to" to "how much over". Sellers should be loving it, but there's one catch; appraisals. If the appraisal comes in low, that big seller payday may not materialize. Sellers have to nail that back door shut and keep buyers from playing games.

Under List? Surely You Jest

Let's all acknowledge that the greater Atlanta real estate market (2021) is about as strong…

324 Views, 0 Comments

In the very competitive Atlanta area market, some buyers are resorting to whatever means necessary to get homes under contract. The most frequent move is to simply try and outbid the competition; appeal to the seller’s bottom line and justify over paying by talking about the low rates and tight market. Others are getting creative with contracts, waiving certain contingencies and trying to appeal to sellers in other ways. The due diligence period, the most important safety net the home buyer has, is being modified and in some cases, eliminated. This is especially risky and many buyers don’t fully understand the pit falls they are exposed to. Below are three due diligence contract mistakes that can wreck home buyers. For additional clarity and…

1512 Views, 0 Comments

If a buyer or seller defaults of a real estate contract, can you sue? The answer is of course, it depends. The typical Georgia purchase and sale agreement has a number of standard contingencies; buyer financing and inspection the more obvious. There are also any number of specific contingencies that might be written into an agreement. But what happens if after everything is completed, the buyer or seller just doesn't want to close? In Georgia options are very limited, other states may be different but here the reflex answer of "we'll sue" doesn't broadly apply. buyer defaults on real estate contract

If a Buyer Defaults on a Real Estate Contract

There are many possible reasons that a buyer might not close, contracts can contain different clauses and stipulations. Properly written…

399 Views, 0 Comments

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…

924 Views, 0 Comments

 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…

1196 Views, 0 Comments

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…

146 Views, 0 Comments