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Add addendum - breach of contract?

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Group Member
Jun 28, 2009 2:39:08 PM
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Anyone know when Google plans to release a new Google Bar for current versions of Firefox ----- with spellcheck, of course. LOL

Group Member
Jun 29, 2009 9:27:04 AM
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FAIL SAFE DATES GENERALLY IN CONTRACTS WITH CONTINGENCIES

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In contracts with contingencies, there are 2 purposes for fail safe dates.

1. A PRACTICAL PURPOSE ----- To let the other [or all parties] know the the deadline for something.

2. A LEGAL PURPOSE ---- So the drafter of the contract does not accidentally create an opened ended time period [relying on a court to imply a 'reasonable' time period instead.]

While settlement attorneys and officers CAN rewrite a defective contract, courts limit their functions to interpreting existing contracts, NOT rewriting defective ones.

APPROVED FORM CONTRACTS FOR A PARTICULAR JURISDICTION should always have either an end of time provision for a contingency, or possibly even a fail sale provision, i.e., 'but under no circumstances whatsoever, shall any agreed to extensions exceed X days or ____ date.'

Group Member
Jun 29, 2009 10:12:05 AM
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HOW TO FIND A REAL ESTATE LAWYER

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Every state has a Bar Association and quite often all counties and cities have their own local Bar Associations as well.

They are quite happy to give referrals in ALL areas of practice.

I believe that all states also have at least a state university, which also usually has a law school. Frequently private law schools are also located in most states.

Most law schools have 'legal clinics' that are supervised by one of the Professors, where 3d year law students can do LIMITED litigation, depending on the setup with the state and the law school. PROTRACTED MATTERS are obviously not included because the idea is to give the student some experience and many clinics are for 1 semester only.

THE SCHOOLS USUALLY DO NOT CHARGE ANYTHING, BUT YOU THEN ALSO BECOME A 'TEACHING EXPERIENCE.'

Finally, local Chambers of Commerce should have contacts with area attorneys in various areas of practice.

Most BUSINESS attorneys charge hourly with a retainer sufficient to get up and running in the particular case. SOME will offer a free consultation, but sometimes a file must be made, reviewed and/or studied. At that point, the attorney can make recommendations to the client and hourly and/or additional retainers can be discussed. RARELY, a Real Estate Attormey could agree to charge either a percentage or a combination of an hourly and percentage fee.

ALL FEE AGREEMENTS ++++ MUST ++++ BE IN WRITING -- THOUGH A CONSULTATION AGREEMENT ONLY FOR A FLAT FEE IS SOMETIMES NOT PUT IN WRITING.

  1. Edited by Bruce W. Haupt J.D. on Jun 29, 2009 10:19:02 AM
Group Member
Jul 5, 2009 6:01:27 AM
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This is a good example of what can happen when you spend money in anticipation of a future event. There is a risk, as you have now realized.

You said that the contract was already breached. therefore you either have no contract or you can file an action for specific performance. My experience on specific performance is that the only winners are the attorneys.

So rewrite the contract to suit yourself and/or look for another buyer. In my opinion it would be a waste of time, energy and money to try to force the current contract to closing. The buyer will just find more issues to fuss about.

Group Member
Jul 5, 2009 6:16:51 AM
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Could not agree with Bruce's warning about "drafting" addendums, provisions or paragraphs in a contract. If you must write additional provision(s), my recommendation is to be succinct and write in layman's language don't try to sound like an attorney using legalese you may not understand. If the provision was complicated I recommended to agents to make the contract contingent on the parties' attorneys providing the addenda to address the specific concern(s) by date certain or contract was voidable. Remember it is our job to provide information & options and our customer's decision. Realtors do not make decisions for customers/clients.

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