Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition) delivers essential information and guidance to practitioners in the field of real estate conveyancing by helping readers to carefully consider all of the issues and options before finalizing a contract, handle unexpected problems and contingencies, factor in a relevant case law when structuring sound agreements, and avoid drafting ambiguous or incomplete contracts. This book explains common law principles, and thousands of statutes and court decisions, creating a road map for readers on what course of action to take and what to avoid at every stage of real estate conveyancing.
Providing more than 140 sample forms, sample clauses, and checklists that simplify and accelerate transactions, Friedman and Smith on Contracts is a comprehensive guide to every aspect of real estate contracts and conveyances.
The new release includes updates on the following topics:
- Statute of Frauds: New discussion covers the doctrine of ratification, which sometimes overcomes a violation of the statute of frauds (see section 5:13).
- Standard Clauses in Contracts of Sale: Covers attorney review clauses and provides a sample clause commonly used in New York (see section 6:27).
- Property Quality: Updated discussion of radon inspection clauses (see section 7:2.1) and express warranties of quality (see section 7:3).
- Marketable Title: Discussion of lapse of time updated to cover outstanding mineral rights (see section 14:7.3).
- Encumbrances: New discussion of federal tax liens, including which parties and what property are affected (see section 15:4.1).
- Risk of Loss and Condemnation: Discussion of con-tract provisions on risk of loss updated with review of Warner v. Estate of Allen, 776 N.E.2d 422 (Ind. Ct. App. 2002) (see section 18:1.5[B]).
- Deed Execution and Delivery: Updated introductory discussion of delivery of a deed (see section 27:2.1).
- Deed Covenants of Title: Updated discussion of estoppel by deed (doctrine of after-acquired title) (see section 28:5).
- Bona Fide Purchasers and Notice: Updated discussion of recitals of fact (see section 30:3.2).
- Title Products: Updated discussion of the measure of recovery under a title insurance policy (see section 31:3.4)
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