Residential Real Estate Contracts

When buying or selling real estate, a contract must be drawn up between the buyer and the seller. In order to satisfy the requirements of the Statute of Frauds, the contract must be in writing and signed by the parties. Ordinarily, the contract consists of a blank form that is provided by the seller's broker, but an attorney may also draw up the contract. Other times, the seller will draft the contract himself or herself. The responsibility for drafting the contract may vary from one location to the next, depending on local custom and statutes.

Disclosure of Material Facts and Hidden Defects

When a buyer is looking for a dream home, the last thing he or she expects to find is a material defect that will change the dream into a nightmare. To avoid that scenario, a real estate agent has an obligation to make a full and timely disclosure of all known facts that are relevant or material to the condition and characteristics of the property under consideration.

Radon Gas Tests

The existence of radon gas in a home is a health hazard. In residential real estate transactions, it is not uncommon for standard real estate contracts to contain a clause that makes the buyer's consummation of the transaction contingent upon the home passing a radon gas test.

Trees and Fallen Fruit

Generally speaking, the location of the trunk of a tree determines who owns the tree. While the law is somewhat unclear, it appears that the property owner who owns a fruit or nut tree also owns any fruits or nuts that grow from the tree. Furthermore, it appears that the property owner who owns a fruit or nut tree also has the right to collect fruits or nuts that fall on neighboring property.

Tangible and Intangible Property

Property is an external thing that can be owned or possessed. Property can be divided into two categories: tangible and intangible. The word tangible refers to something that has a definable physical form that can be felt or touched. The word intangible refers to something that cannot be perceived by the senses.