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If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.
This means that if you default and can?t make your payments, you lose the property and all of the money you have already paid into it (often including repairs and improvements). Unlike a traditional mortgage, a defaulting buyer in a contact for deed may only have 30-60 days to cure the default or move out.
Dictionary of Business Terms for: agency disclosure. agency disclosure. a written explanation, to be signed by a prospective buyer or seller of real estate, explaining to the client the role that the broker plays in the transaction.
Backing out of a home sale can have costly consequences A home seller who backs out of a purchase contract can be sued for breach of contract. A judge could order the seller to sign over a deed and complete the sale anyway. The buyer could sue for damages, but usually, they sue for the property, Schorr says.
As a local homeowner myself, I recommend that you get familiar with this form, and remember it is not a contract, just simply a disclosure.
In a nutshell, California real estate law now requires that a residential listing or selling agent give a very specific agency disclosure form to the seller and to potential buyers.The disclosure form explains that a broker can represent a seller alone, a buyer alone, or both at the same time, known as dual agency.
Monetary Damages If the Seller decides to breach the contract and keep their home, they may do so, but the court may order the Buyer receive money for the resulting breach. Generally, the money owed to Buyer may include reimbursing the Buyer with: The buyer's temporary housing costs.
To recap, the agency disclosure process has three parts: disclose, elect, and confirm. And always remember that only the employing broker can be a Listing Agent or Selling Agent.
If a seller defaults, he must return all deposits, plus added reasonable expenses, to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance. From a buyer's point of view, it is advisable to get the sale agreement registered.