| Disclosure of Material Facts and Hidden Defects |
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| When a buyer is looking for a dream home, the last thing he or she expects to find is a material defect that will change the dream into a nightmare. To avoid that scenario, a real estate agent has an obligation to make a full and timely disclosure of all known facts that are relevant or material to the condition and characteristics of the property under consideration. More... |
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| Self-Help Remedy for Encroaching Branches or Roots |
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| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's land. The right of self-help, as it is called, is not found in state law, however; it derives from the common law. More... |
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| Preparation for Construction Claims |
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| Construction claims are so prevalent and diverse that preparation for the inevitable should be a part of each contractor's normal business routine. Though the source and nature of each claim is not known, contractors do know when the performance of their work is impacted or when events, circumstances, or situations arise that are outside the realm of the contractual provisions contemplated by the parties. In these instances, the contractor should collect any pertinent information and documentation that would support its actions or assist in the defense of any potential claims. More... |
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| Contingency Clauses in Real Estate Contracts |
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| In the context of real estate transactions, buyers and sellers agree to contingencies. A contingency is a clause in a contract that allows a party to escape his or her obligations under the contract in the event that certain conditions are not met. More... |
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| Breach of Contract |
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| A breach of contract occurs in the event one of the parties to a contract fails to fulfill his or her part of the deal. More... |
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