What is the Survival Clause in the Contract?

What is the Survival Clause in the Contract?

A real estate agent recently asked me about the meaning of the survival clause in the contract. The agent thought that the survival clause meant that if a party to the contract died, her family still had to purchase the house. The survival clause is Paragraph 28 in...
When can the Seller Re-List the Property?

When can the Seller Re-List the Property?

If a property is under contract to close and the buyer notifies the seller that they will be unable to close, can the seller re-list the property and accept another contract? It is a difficult question to answer without some caveat. When this situation arises it is...

When can you Re-List the Property?

If a property is under contract to close and the buyer notifies the seller that they will be unable to close, can the seller re-list the property and accept another contract? It is a difficult question to answer without some caveat. When this situation arises it is...
When is the Contract Ratified?

When is the Contract Ratified?

I continue to get calls asking when a contract is considered ratified. The agents also want to understand how the contract effective date is determined and when timing is triggered in the contract on items such as due diligence. On June 17, 2016, I wrote an post...
Are You Getting the Offer Rejection Forms?

Are You Getting the Offer Rejection Forms?

On August 26, 2016 I wrote a legal tip discussing the new Offer Rejection Form that was required under the new Real Estate Agent law. South Carolina Code §40-57-135(I)(5) states, “If an offer is rejected without counter, an offer rejection form, promulgated by...
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