how much do real estate agentsmake

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When engaging in real estate transactions, it is essential to understand the potential remedies available in case of a breach. A breach occurs when one party fails to fulfill their obligations as outlined in the contract. In the United States, various remedies can be pursued to address such breaches and ensure fair compensation or performance. This expert review will delve into two prominent remedies for breach of real estate contracts in the US, providing informative insights while maintaining an easy-to-understand writing style.

I. Specific Performance (approx. 400 words):

One of the most powerful remedies for a breach of a real estate contract is specific performance. This remedy aims to compel the party in breach to perform their contractual obligations as agreed upon. In real estate transactions, where each property possesses unique characteristics, specific performance can be highly desirable for the aggrieved party.

To seek specific performance, the injured party must demonstrate the following elements:

  1. Valid Contract: A valid contract must exist, clearly outlining the terms and conditions agreed upon by both parties.
  2. Feasibility: The terms of the contract should be enforceable, i.e., the court must determine that performance is possible and

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution.

What are the 3 remedies?

There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.

What are the 4 types of damages available for breach of contract?

Four Types of Damages Available in a Breach of Contract
  • Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised.
  • Punitive damages.
  • Nominal damages.
  • Liquidated damages.

What are the two remedies for a breach of contract?

There are two types of remedies for breach of contract:
  • Monetary damages, which are also called a "remedy in law"
  • Injunctive relief, which is also called an "equitable remedy"

What remedies are available to an injured party upon breach of a real estate contract?

If a buyer breaches a contract, the seller is generally only able to retain the contract deposit as liquidated damages. When a seller breaches a contract, the buyer can seek remedies like money damages and specific performance, meaning a forced sale of the property or rescission of the contract.

What is the appraisal contingency on a cash deal?

As mentioned, a contingency in real estate is a condition that must be met before an offer can proceed, and it's kind of like a safety net. Therefore, an appraisal contingency means that if your home doesn't appraise for the amount you've agreed to pay, you can walk away from the deal with your earnest money deposit.

Should the buyer give the seller appraisal?

The seller often does not generally get a copy of the appraisal, but they can request one. The CRES Risk Management legal advice team noted that an appraisal is material to a transaction and like a property inspection report for a purchase, it needs to be provided to the seller, whether or not the sale closes.

Frequently Asked Questions

What happens if appraisal is lower than offer?

If your appraised value is lower than the agreed upon sales price, you'll have to make up the difference in cash, or cancel the deal. There's no reason to panic if your appraisal comes in lower than you expect it to, though.

Why is cash better than mortgage for seller?

This is because when selling a home, cash offers represent less risk to the seller. A cash offer vs mortgage for a seller can give sellers more confidence in the buyer. With a cash offer, there's no chance financing could fall through. This ensures the deal goes ahead as planned.

Why are cash buyers more attractive?

The reason many people SAY it is more beneficial is because if everything else is equal (same sales price, same closing time, same inspection clauses, etc.) then the cash offer doesn't have to wait for a bank approval that may not come through, so it is considered a stronger offer.

Does the IRS know when you buy a house cash?

The law demands that mortgage companies report large transactions to the Internal Revenue Service. If you buy a house worth over $10,000 in cash, your lenders will report the transaction on Form 8300 to the IRS.

Why would a buyer want an appraisal?

If it is a purchase-and-sale transaction, the appraisal is used to determine whether the home's contract price is appropriate given the home's condition, location, and features. In a refinance transaction, the appraisal assures the lender that it isn't loaning the borrower more money than the home is worth.


Why does a house have to appraise for selling price?

Appraisals are necessary when buying and selling a home because banks won't lend money if the appraised value of the house is less than the loan amount. However, there are other times when an appraisal may be required or can help save you money.

Why is an all cash offer better on a house?

Why would a seller prefer an all-cash offer on their home? All-cash sales often move faster than traditional real estate transactions because the buyer doesn't have to go through the mortgage approval process — there is less waiting and fewer approvals are needed.

Why would a seller waive the appraisal?

Waiving an appraisal contingency can be a smart tactic for standing out in an extremely competitive seller's market. Doing so could eliminate a seller's fear that the deal might fall through if the property doesn't appraise for the initial asking price.

How do you get around a cash only house?
Take Out a Hard Money Loan

Not everyone has the money to buy a cash-only home with no financing whatsoever. That's where a hard money loan (HML) comes in. This is a short-term, high-interest loan from a private investor.

Why would someone want cash only for a house?
No Mortgage Payments, Interest Or Other Fees

Paying in cash means you get to skip the mortgage process and all the costs and fees that come with it, including interest rates or mortgage insurance. Skipping out on interest can save you a lot of money in the long run.

Which of the following is a remedy for a breach real estate

Can I use a personal loan to buy a house outright?

But can you use a personal loan to buy a house? Technically, you can, but a personal loan isn't a great option for purchasing a home or making a down payment in most cases. Instead, you'll generally be much better off with a traditional mortgage.

What is a cash guarantee mortgage?

Funds for guaranteed mortgages come from private-sector lenders, but the loan is backed by a guarantor, typically a government agency, that will pay out money if the borrower defaults.

Why do cash buyers have an advantage?

Using cash to pay for a home often gives the buyer an advantage in getting the home, in part because the seller does not need to depend on financing approval. Using cash to buy a home typically makes the buying process faster because there are no loan approvals and lender requirements.

Why would a bank ask for an appraisal?

A lender uses an appraisal not only to assess the value of the property, but also to determine such things as your interest rate, required down payment, and whether you will be approved for the loan.

  • What happens if the appraisal is lower than the offer?
    • If your appraised value is lower than the agreed upon sales price, you'll have to make up the difference in cash, or cancel the deal.

  • What is the fastest closing on a house with cash?
    • Quick Closing Process

      A cash buyer doesn't have to wait for a bank to get approval to buy a house. Many cash buyers can close within a week or two of making an offer. This appeals to both buyers and sellers who are eager to streamline the process as much as possible.

  • What should you not do the 30 days before closing on a house?
    • Do not:
      1. Buy a big-ticket item: a car, a boat, an expensive piece of furniture.
      2. Quit or switch your job.
      3. Open or close any lines of credit.
      4. Pay bills late.
      5. Ignore questions from your lender or broker.
      6. Let someone run a credit check on you.
      7. Make large deposits to your accounts outside of your paycheck.
      8. Cosign a loan with anyone.
  • What takes the longest to close on a house?
    • Mortgage underwriting (30–60 days)

      The mortgage underwriting process takes the biggest chunk of time when closing on a home.

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