Tuesday, March 5, 2013

Property Ii Outline

Conveyancing of Land



2 Contracts of bargain

1. brokers role
a. traditional command: broker gets a commission when he produces a customer ready, willing, and able to buy on the terms and price vender sets
b. modern rule: broker is entitled to commission wholly after transaction has been completed, but if deal fails through no fault of broker, revert to traditional rule
2. Statute of frauds shorten for sale of land must be in writing, and both purchaser and vendor must sign it in order for it to be valid
3. In the contract
a. Type of deed
b. What passes in the deed (fixtures)
c. Deposit (what happens to the deposit)
d. How to deal rent in the period before title passes
e. Who pays taxes, takes risk of exposure for fire before title passes
f. Warranty of marketable title
4. induction contract small down payment by purchaser, who borrows the residual of the purchase price from a lender or seller. In default lender or seller receives the whole property
a. regular(prenominal) contract
i. Possession transferred to buyer as soon as pact is signed
ii. Taxes and assessments buyer pays these from time contract signed
iii.

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Deed, title transferred by seller when payment is completed
iv. Default by buyer If buyer is 30 days late, rights to possession extinguished, money already paid is unploughed by seller
v. Legal expenses buyer pays attorney fees if seller has to serve to collect payment
vi. Sellers option Seller heap deliver deed to buyer, who provides a promissory note for the remain payments; not financed by mortgage on the property
vii. Risk of personnel casualty buyer bears the risk of loss if property is damaged during the executory period
b. Oh the humanity
i. Foreclosure safety when buyer has paid a substantial portion of the contract loan, he has the rights of a mortgagor...If you want to get a good essay, order it on our website: Orderessay



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