Podcast
Questions and Answers
What is a requirement for notices delivered under the sales contract?
What is a requirement for notices delivered under the sales contract?
- They can be delivered at any time.
- They can be delivered without a signature.
- They must be verbal.
- They must be in writing. (correct)
Which method is NOT an acceptable way to deliver a notice according to the sales contract?
Which method is NOT an acceptable way to deliver a notice according to the sales contract?
- By text message (correct)
- By fax
- By email
- In person
What does the term 'time is of the essence' generally mean in a sales contract?
What does the term 'time is of the essence' generally mean in a sales contract?
- Timeliness is critical to the contract's validity. (correct)
- Timelines can be extended without issue.
- Time limits are flexible.
- Timing has no impact on the contract terms.
If there is a dispute over notice delivery, who is responsible for proving the delivery?
If there is a dispute over notice delivery, who is responsible for proving the delivery?
When is a notice officially considered 'delivered and received'?
When is a notice officially considered 'delivered and received'?
What is required for someone other than the notice-giver to deliver a notice?
What is required for someone other than the notice-giver to deliver a notice?
What is the importance of the notices clause in a sales contract?
What is the importance of the notices clause in a sales contract?
What should a party do if they want to change the delivery address for notices?
What should a party do if they want to change the delivery address for notices?
What is the weight of the carpet to be installed?
What is the weight of the carpet to be installed?
What is the consequence if the Seller does not comply with the carpet installation terms?
What is the consequence if the Seller does not comply with the carpet installation terms?
Which of these statements regarding contract signatures is true?
Which of these statements regarding contract signatures is true?
What must be included if the contract pertains to a time share or campground membership?
What must be included if the contract pertains to a time share or campground membership?
Which of these elements is NOT a requirement of a purchase contract?
Which of these elements is NOT a requirement of a purchase contract?
Whose responsibility is it to maintain open communication after the contract is signed?
Whose responsibility is it to maintain open communication after the contract is signed?
What is the recommended action for clients before closing?
What is the recommended action for clients before closing?
What type of pad is specified for the carpet installation?
What type of pad is specified for the carpet installation?
What happens to the funds deducted from the Seller's proceeds?
What happens to the funds deducted from the Seller's proceeds?
What should the notice for cancellation include for time shares or campground memberships?
What should the notice for cancellation include for time shares or campground memberships?
What requirement must be met for electronic records and signatures to be considered valid under Pennsylvania's Electronic Transaction Act?
What requirement must be met for electronic records and signatures to be considered valid under Pennsylvania's Electronic Transaction Act?
Which clause ensures that brokers cannot bind parties to a contract?
Which clause ensures that brokers cannot bind parties to a contract?
What is the main purpose of the Condemnation clause in a sales contract?
What is the main purpose of the Condemnation clause in a sales contract?
What does the Real Estate Recovery Fund clause provide for consumers?
What does the Real Estate Recovery Fund clause provide for consumers?
In real estate contracts, what is the purpose of addenda?
In real estate contracts, what is the purpose of addenda?
What happens if a deadline falls on a Saturday, Sunday, or federal holiday according to the Extension of Deadlines clause?
What happens if a deadline falls on a Saturday, Sunday, or federal holiday according to the Extension of Deadlines clause?
What is a mortgage contingency clause designed to protect?
What is a mortgage contingency clause designed to protect?
Which of the following is true about appraisal contingencies in real estate contracts?
Which of the following is true about appraisal contingencies in real estate contracts?
What does a contingency related to the sale of another property ensure for the buyer?
What does a contingency related to the sale of another property ensure for the buyer?
Which statement correctly describes what must occur before addenda can be attached to the original document?
Which statement correctly describes what must occur before addenda can be attached to the original document?
What happens if a part of a contract is deemed unenforceable?
What happens if a part of a contract is deemed unenforceable?
What does the clause 'time is of the essence' signify in a contract?
What does the clause 'time is of the essence' signify in a contract?
What is one example of an addendum that might be attached to a sales contract?
What is one example of an addendum that might be attached to a sales contract?
What should happen if a buyer fails to obtain a mortgage as specified in the mortgage contingency?
What should happen if a buyer fails to obtain a mortgage as specified in the mortgage contingency?
Which of the following is true about the Binding Agreement Date?
Which of the following is true about the Binding Agreement Date?
Which aspect is NOT addressed by the No Authority to Bind clause of a Sales Contract?
Which aspect is NOT addressed by the No Authority to Bind clause of a Sales Contract?
What is typically required after the Binding Agreement Date is established?
What is typically required after the Binding Agreement Date is established?
How do electronic signatures compare to handwritten signatures under the law?
How do electronic signatures compare to handwritten signatures under the law?
What does the real estate recovery fund primarily aim to address?
What does the real estate recovery fund primarily aim to address?
When should the option period ideally be set according to listing and buyer's agents?
When should the option period ideally be set according to listing and buyer's agents?
What is required for an electronic signature to be valid?
What is required for an electronic signature to be valid?
What may occur if a buyer cannot complete inspections within the agreed option period?
What may occur if a buyer cannot complete inspections within the agreed option period?
In terms of state law, what do references to time in a contract refer to?
In terms of state law, what do references to time in a contract refer to?
What obligation does the duty to cooperate clause place on the parties involved?
What obligation does the duty to cooperate clause place on the parties involved?
What potential issue could arise with a short option period?
What potential issue could arise with a short option period?
What is the primary reason for specifying a time limit for contract obligations?
What is the primary reason for specifying a time limit for contract obligations?
What could potentially happen if the parties do not receive notice of the Binding Agreement Date?
What could potentially happen if the parties do not receive notice of the Binding Agreement Date?
Why is it important to include adequate time for performance in a contract?
Why is it important to include adequate time for performance in a contract?
What happens if a defaulting party is represented by a broker?
What happens if a defaulting party is represented by a broker?
When is notice delivered to a broker considered notice to the client?
When is notice delivered to a broker considered notice to the client?
What does the attorney's fees clause state regarding litigation or arbitration?
What does the attorney's fees clause state regarding litigation or arbitration?
What recourse is available if a buyer's property is substantially damaged before closing?
What recourse is available if a buyer's property is substantially damaged before closing?
In Pennsylvania, what does equitable title grant to the buyer once both parties sign a purchase agreement?
In Pennsylvania, what does equitable title grant to the buyer once both parties sign a purchase agreement?
What does the survival clause in a contract ensure?
What does the survival clause in a contract ensure?
What is a stipulation mentioned in the modification and assignment clause of the Sales Contract?
What is a stipulation mentioned in the modification and assignment clause of the Sales Contract?
What action must a seller take if there is a change in the property condition before closing?
What action must a seller take if there is a change in the property condition before closing?
Which of the following clauses specifies the governing law for the contract?
Which of the following clauses specifies the governing law for the contract?
What is the term used for the clause that outlines the consequences of a party defaulting?
What is the term used for the clause that outlines the consequences of a party defaulting?
What does 'notice to broker equals notice to client' imply in a non-dual agency situation?
What does 'notice to broker equals notice to client' imply in a non-dual agency situation?
Which of the following statements about assignment of interest is incorrect?
Which of the following statements about assignment of interest is incorrect?
In the context of the risks of damage clause, which of the following is NOT an obligation of the seller?
In the context of the risks of damage clause, which of the following is NOT an obligation of the seller?
Which scenario illustrates a requirement for personal delivery of notice?
Which scenario illustrates a requirement for personal delivery of notice?
What is the purpose of an inspection contingency in a real estate contract?
What is the purpose of an inspection contingency in a real estate contract?
What does an attorney review contingency ensure in a real estate sale?
What does an attorney review contingency ensure in a real estate sale?
What does an escape clause in a contract allow a seller to do?
What does an escape clause in a contract allow a seller to do?
Why is it essential for contingencies to be specific and clear?
Why is it essential for contingencies to be specific and clear?
What role do special stipulations play in a sales contract?
What role do special stipulations play in a sales contract?
What does it mean if a contract includes a 'subject to' provision?
What does it mean if a contract includes a 'subject to' provision?
What should be included in the contracts regarding personal property?
What should be included in the contracts regarding personal property?
What could happen if vague language is used in a special stipulation?
What could happen if vague language is used in a special stipulation?
What is a possible consequence of not specifying excluded property in a real estate contract?
What is a possible consequence of not specifying excluded property in a real estate contract?
Which of the following is NOT a common contingency found in sales contracts?
Which of the following is NOT a common contingency found in sales contracts?
What is the main reason to have an expiration date in a contingency?
What is the main reason to have an expiration date in a contingency?
What clarification do parties need regarding the communication of termination in contingencies?
What clarification do parties need regarding the communication of termination in contingencies?
What could be the impact of allowing a buyer a longer time frame in an escape clause?
What could be the impact of allowing a buyer a longer time frame in an escape clause?
Flashcards
Notices Clause
Notices Clause
A clause in a contract that specifies the requirements and methods for sending and receiving notices between parties.
Notice Requirements
Notice Requirements
A notice needs to be in writing, legible, and signed by the sender. The sender must prove delivery if disputed.
Methods of Notice Delivery
Methods of Notice Delivery
Notices can be delivered in-person, by courier, overnight delivery service, certified or registered mail, email, or fax.
Delivery of Notice
Delivery of Notice
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Time is of the Essence
Time is of the Essence
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Contingency
Contingency
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Subject To
Subject To
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Pennsylvania's Electronic Transaction Act (ETA)
Pennsylvania's Electronic Transaction Act (ETA)
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No Authority to Bind Clause
No Authority to Bind Clause
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Condemnation Clause
Condemnation Clause
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Real Estate Recovery Fund
Real Estate Recovery Fund
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Exhibits & Addenda
Exhibits & Addenda
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Mortgage Contingency
Mortgage Contingency
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Appraisal Contingency
Appraisal Contingency
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Sale of Another Property Contingency
Sale of Another Property Contingency
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Notice to Broker = Notice to Client
Notice to Broker = Notice to Client
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Default Clause
Default Clause
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Rights of Broker: Defaulting Party Not Represented
Rights of Broker: Defaulting Party Not Represented
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Rights of Broker: Defaulting Party Represented
Rights of Broker: Defaulting Party Represented
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Attorney's Fees
Attorney's Fees
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Risks of Damage to Property
Risks of Damage to Property
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Equitable Title
Equitable Title
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Entire Agreement Clause
Entire Agreement Clause
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Survival of Agreement: Binding on Heirs
Survival of Agreement: Binding on Heirs
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Survival of Agreement: Binding on Assignees
Survival of Agreement: Binding on Assignees
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Survival of Agreement: Amendment
Survival of Agreement: Amendment
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Survival of Agreement: Post-Closing
Survival of Agreement: Post-Closing
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Governing Law and Interpretation Clause
Governing Law and Interpretation Clause
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Multiple Counterparts
Multiple Counterparts
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Time is of the Essence Clause
Time is of the Essence Clause
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Severability Clause
Severability Clause
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Binding Agreement Date
Binding Agreement Date
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Binding Agreement Date
Binding Agreement Date
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Duty to Cooperate Clause
Duty to Cooperate Clause
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Electronic Signatures
Electronic Signatures
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Option Period
Option Period
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Time Limits in a Contract
Time Limits in a Contract
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Notice of Binding Agreement Date
Notice of Binding Agreement Date
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No Special Treatment for the Writer
No Special Treatment for the Writer
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Time References in a Contract
Time References in a Contract
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State Law Applies to Contracts
State Law Applies to Contracts
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Legal Recognition of Electronic Signatures
Legal Recognition of Electronic Signatures
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Valid Signatures in Contracts
Valid Signatures in Contracts
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Severing a Contract
Severing a Contract
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Cancellation Clause for Timeshare/Campground
Cancellation Clause for Timeshare/Campground
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Carpet Installation Stipulation
Carpet Installation Stipulation
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Due Diligence Period
Due Diligence Period
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Inspection Contingency
Inspection Contingency
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Attorney Review Contingency
Attorney Review Contingency
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Escape Clause
Escape Clause
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Termination Under Contingencies
Termination Under Contingencies
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Special Stipulations Clause
Special Stipulations Clause
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Excluded Property
Excluded Property
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Termination
Termination
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Personal Property
Personal Property
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Clear and Specific Contract
Clear and Specific Contract
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Subject To Mortgage
Subject To Mortgage
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Study Notes
Sales Contract Provisions and Contingencies
- Notices Clause: Sales contracts specify notice delivery methods (in person, mail, email, fax). Notices must be in writing, legible, and signed. The party sending the notice is responsible for proof of delivery. Methods apply before signing. Delivery is to the address on the contract unless changed. Email is a common modern method.
Delivery of Notice
- Official delivery occurs when the recipient receives the notice; or the delivery service drops it off; or the notice is sent electronically (e.g., email, fax) and the time stamp is evident.
Authority to Accept Notices
- Notice to a broker is legally equivalent to notice to the client, except in dual agency. This also applies to designated agency. Personal delivery can be to client or agent only and a license holder cannot receive notices on behalf of a customer.
Default Clause
- If a party defaults, they are liable, and the non-defaulting party can pursue legal action.
Rights of Broker
- If the defaulting party is not represented by a broker, they'll pay liquidated damages (the potential broker commission). If the defaulting party is represented, the broker's remedies are limited to the written commission agreement.
Attorney's Fees
- The losing party in a dispute (including commission claims) is responsible for paying the winning party's reasonable attorney fees.
Risk of Damage to Property
- Sellers promise the property will be clean and in the same condition as when the contract was signed (except for agreed changes).
- If there's substantial damage before closing, the seller must inform the buyer and provide insurance details and claim results. The buyer can terminate or proceed.
Pennsylvania and Equitable Title
- In Pennsylvania, a buyer acquires equitable title upon signing a purchase agreement. This gives them possession and insurable interest. The transfer of legal title occurs at closing. Contracts usually outline procedures in case of property damage before closing.
Modification, Assignment, and Survival of Agreement
- Only terms within the contract are binding. Prior agreements are void. The contract will be binding upon heirs, successors, and assignees (unless the seller objects).
- Contract amendments need both parties' written consent.
Time is of the Essence Clause
- "Time is of the essence" clauses mean deadlines are strictly enforced. Failing to meet deadlines constitutes a breach. Agents should advocate for appropriate timeframes in the offer, considering needed due diligence (e.g., inspections). A proper option period, considering potential issues, makes the process smoother.
Binding Agreement Date and Duty to Cooperate
- The Binding Agreement Date is when the final offer is accepted and communicated.
- Parties have a duty to cooperate and act in a timely fashion.
Electronic Signatures Clause
- Electronic signatures are legally equivalent to handwritten signatures (UETA, E-SIGN). A handwritten signature may be required if needed.
Extension of Deadline and No Authority to Bind
- Deadlines are still strict, even if they fall on weekends or holidays (except for closing dates). A broker cannot bind a party in any way to a contract—only the parties themselves can.
Condemnation and Real Estate Recovery Fund
- Condemnation (eminent domain) is when a government takes property. The contract should outline actions if this occurs. The Pennsylvania Real Estate Recovery Fund provides compensation to those harmed by a licensee’s illegal actions. This is in Pennsylvania sales agreements.
Exhibits and Addenda
- Addenda clarify or augment the contract before signing. Any conflict with the contract is settled by the addendum. Buyers and sellers should use lawyer-drafted addendums if Realtors don't provide appropriate documents.
Contingencies
- Contingencies make contract performance conditional on specific events. If contingencies aren't met, the contract may be voidable.
Common contingencies include:
- Mortgage contingency (loan approval)
- Appraisal contingency (appraisal meets threshold)
- Sale of another property contingency (selling current home)
- Inspection contingency (property passes inspection)
- Attorney review contingency
- Escape clause (if seller gets another offer)
Special Stipulations Clause
- Special stipulations are additions to a contract, altering its terms. Prospective buyers and sellers should always use legal counsel to draft these. Do not try to write these on your own unless you are a lawyer. The contract should be explicit about personal property inclusion/exclusion.
Acceptance and Contact Information
- Contracts include space for signatures and contact information for parties (including brokers). This helps in keeping track and ensuring all the information is recorded correctly to prevent issues.
Additional Contract Details
- Contracts should include the property's legal description, purchase price, deposit amount, closing details, property disclosures, inclusions/exclusions, and inspection information.
- Contracts for different types of transactions (timeshares, campgrounds) have unique procedures (e.g., cancellation periods).
- Contracts to closing should include open communication, copies to all parties, following up on loans, preparation for closing (costs and documents), and attending the closing.
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