Holtzschue on Real Estate Contracts and Closings provides thorough legal, technical, and strategic guidance to help implement dispute-free residential deals more quickly and easily. This book clearly explains the governing law and customary industry practices, enabling practitioners to efficiently handle real estate transactions. It covers managing the appropriate documents, tax issues, and brokers, drafting and negotiating the contract, with sample forms that save time and effort, preparing for the closing, including the documents and scheduling details, and closing the sale, including delivering and reviewing deeds and other paperwork, and dealing with insurance policies, tax documents, and closing checks.

The new release includes the following updates:

• Chapter 2, Drafting and Negotiating the Contract, includes a new caveat emptor case that rejected the special facts doctrine, an article about a proposed amendment to RPAPL 881 concerning licenses, a new remedies case, a mortgage commitment contingency case where a purchaser acted in good faith, easement cases, and a time of the essence case where notice was too short.
• Chapter 4, The Closing,discusses the uncertainty as to the effective date of the Corporate Transparency Act and rules.

The Tables of Authorities have also been updated.

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PLI PLUS subscribers can access this title through their subscription.

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:

• Chapter 1, Contracts of Sale, provides updated discussion on whether attorney review clauses are illusory.
• Chapter 2, Parties to Contracts, includes updated discussion on whether an entity’s change of name on the enforceability of a contract.
• Chapter 8, Misrepresentations by Sellers and Buyers, defines seller conduct that amounts to active concealment of defects.
• Chapter 9, Mortgage Financing, includes discussion of “points,” which are upfront payments made at closing, sometimes referred to as a premium or discount or origination fees.
• Chapter 10, Existing Mortgages—Continuation After Sale, provides discussion of N.Y. Real Prop. Law § 274-A, a New York statute that requires a mortgage holder to provide a payoff statement to a mortgagor who has signed a contract to sell or has received a written mortgage commitment from another lender.
• Chapter 23, Contract Remedies for Buyer Default, includes updated discussion of seller’s damages after buyer’s breach, specifically determining the time of breach.
• Chapter 24, Contract Remedies for Seller Default, covers the English Good Faith Rule and the American Rile with respect to damages resulting from the seller’s inability to convey proper title.
• Chapter 26, Deed Elements, covers updated discussion of conveyances where grantee exercises undue influence over the grantor.
• Chapter 33, Land Descriptions, reviews the “being the same” clause.
• Chapter 34, Surveys, provides new discussion on when boundary lines touch or pass through buildings.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Holtzschue on Real Estate Contracts and Closings provides thorough legal, technical, and strategic guidance to help implement dispute-free residential deals more quickly and easily. This practice guide clearly explains the governing law and customary industry practices to ensure that readers can successfully prepare for a sale or purchase of real estate, including knowing how to deal with the appropriate documents, tax issues, and brokers, drafting and negotiating the contract. Readers also receive a comprehensive dive and real-life examples of negotiation tactics, lease modifications, proactive planning of troublesome developments, drafting errors, liability mitigation measures, eviction considerations, on-premises conditions and repairs, and considerations relevant to different lease types.

The new release includes the following updates:

• Chapter 1, Preparing for the Sale or Purchase, provides an updated discussion on financing.
• Chapter 2, Drafting and Negotiating the Contract, includes the N.Y.S. Association of Realtors guidance effective August 17, 2024, for compliance with the National Association of Realtors’ antitrust brokerage commissions settlement.
• Chapter 3, Preparing for the Closing, provides an updated discussion of deed descriptions.
• Chapter 4, The Closing,includes the latest case developments.

The Tables of Authorities and Index have also been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.