Contract Negotiation & Disputes

Contract Negotiation

The attorneys at FBSW have experience drafting, modifying and negotiating contracts for the purchase and sale of residentail and commercial real estate.  The best way to avoid expensive disputes over contract rights and duties is to address the most common problems in real estate transactions during the contract drafting process.  The terms of your contract are the most important factor in resolving any problems that arise during the purchase and sales process.

Contract Disputes

In the event a dispute arises during the purchase and sale process, acting quickly is often required by the terms of the contract.  Problems commonly arise between the time when a deposit is paid and before the deal closes.  When parties disagree about whether the depostit should be returned to the buyer or kept by the seller, it is known as a binder dispute.  

Problems can also arise after the purchase and sale is complete.  The most common problems involve the failure of the seller to disclose facts that the buyer feels affects the value of the property.  Disclosure disputes are known as “Johnson v. Davis” cases.  Frequently, the issue is failure to disclose structural problems such as foundation settlement, cracks in walls, cracks in ceilings, previous water leaks, mold and mildew problems, or other issues related to water damage.