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Not So Fast! Understanding the Real Estates Agents Conflicts of Interest
As if purchasing or refinancing a home isn’t stressful enough, the key professional players in a real estate transaction don’t necessarily have their client’s best interests in mind. Contractual limitations, professional conflicts of interest, and lack of proper...
The Importance of a Memorandum of Land Contract
Memorandum of Land Contract I prepared a land contract for the seller of an investment home for her tenant. As part of the process, I drafted a Memorandum of Land Contract (“Memorandum”) for the parties. My seller had sold several properties on a land contract but had...
Embroiled in a Lawsuit? 5 Things to Consider for Negotiating a Legal Settlement
According to the American Bar Association, relatively few lawsuits ever go all the way to trial. Most parties to civil (non-criminal) cases are settled long before trial. Once a suit is filed, the legal process itself can help opposing parties understand the strengths...
The Waterfall That’s In Your Basement: Home Seller Liability and Buyer Remedies for Basement Water Damage
With the change in seasons, snow melt and the onset of spring rain, some home buyers who recently purchased their property during the winter months have come to discover, to their surprise, that their basement leaks or worse, floods. Nothing is more disappointing,...
Deep in Debt: Financial Relief Feels Great!
Critical Steps to Win Over Creditors Whether a debt obligation is $1,000 or in the millions, the overall advice for handling debt negotiation remains the same, according to David Soble: communicate, consult with the appropriate experts and proceed with caution....
Just What Are Your Intentions? Problems Associated with Letters of Intent
LETTERS OF INTENT Imagine for a moment a small business owner, “Sally”, is considering a new location for her business when she happens upon a small retail building that would serve as a perfect location for her future success. One problem. The building is not for...
Why Quit Claim Deeds Are Like Bad Tattoos
Each month, I receive more than a handful of calls concerning quitclaim deed forms. Usually the callers are not looking to me to obtain the legal forms; they can be easily downloaded online. No, instead, they are usually calling me for legal advice on how to “reverse”...
Disclose, Disclose: 8 Reasons Why a Rushed Real Estate Deal Still Requires Disclosures
As originally published in Miami Herald and Boston Globe (September 2013) by David Soble. With the spike in home sales, buyers and sellers alike are feeling the pressure to quickly close on their purchase transactions before mortgage rates go up and demand for new...
Leasing With an Option to Purchase: Landlords Proceed with Caution
LEASE WITH AN OPTION TO PURCHASE A lease with option to purchase is a real estate agreement that allows a tenant to lock in the purchase price of a home while the tenant is still leasing. Leases with options (lease options) appeal to both landlords and tenants....
A “Big and Fluffy” Cloud on Title: What Real Estate Investors Need to Know About Proactive Due Diligence
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Meet David Soble
DAVID SOBLE
Real Estate & Finance Attorney