Friedman and Smith on Contracts and Conveyances of Real Property (Eighth Edition) delivers coverage and analysis of the most current developments in real estate conveyancing to assist attorneys representing parties in the sale of real property in drafting sound agreements. This treatise contains sample forms, clauses, and checklists that simplify and accelerate transactions.
Highlights of this release include:
- Chapter 2, Parties to Contract, advises that well-drafted contract consistently describes the name of the seller in all parts of the contract; and cautions that describing the seller’s name as “Owner of record” in the contract may violate the statute of frauds requirement.
- Chapter 4, Purchase Price and Consideration, discusses contractsthat provide for a credit to the buyer based on future events; and the distinction between earnest money and a deposit upon a buyer’s default.
- Chapter 5, Statute of Frauds, covers the use of promissory estoppel as an alternative to the doctrine of part performance to take a contract out of the statute of frauds; and the trend by some states in recognizing fraud and other tort claims as exceptions to the statute of frauds.
- Chapter 7, Property Quality, provides an overview of the various state statutes of limitations and statutes of repose for certain warranty claims.
- Chapter 8, Misrepresentations by Sellers and Buyers, discusses seller’s liability for their broker’s misrepresentations.
- Chapter 9, Mortgage Financing, covers an “absolute deed,” which is intended as security and gives rise to an equitable mortgage.
- Chapter 23, Contract Remedies for Buyer Default, includes a state statute that provides for the forfeiture of the buyer’s payment if the parties agreed that the payment is “earnest money.”
- Chapter 27, Deed Execution and Delivery, updated to include a discussion of acknowledgment of a deed.
- Chapter 28, Deed Covenants of Title, includes a discussion of Trial v. Dragon, a Texas case where the court refused to apply estoppel to the grantor’s heirs who acquired their interest through their mother’s estate.
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