QUESTION 16 Marcus and Jenna enter into a real estate sales contract whereby Marcus is to purchase Jenna's house. As part of the contract, Marcus is notified that the property abuts the tidally influenced waters of the state of Texas. The document used for this purpose is the: Addendum for Property Located Seaward of the Gulf Intracoastal Waterway Addendum for Coastal Area Property Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum Coastal Assessment Addendum QUESTION 17 Jenny and Rick enter into a real estate sales contract for the purchase of Jenny's real estate. Unfortunately, the house Jenny is having constructed will not be finished until two weeks after the closing date. The parties agree that Jenny will stay in the house after closing. During this period, Jenny realizes that she cannot bear to leave the house because of the sentimental attachment it has for her so she refuses to leave. Rick wants her to leave. In which court would an attorney file an eviction action to remove Jenny? justice court district court county court probate court
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The Warren family signed an exclusive real estate listing agreement with Detlefsen real estate brokerage to sell their property. The agreement provided that the Warren's were obligated to pay a commission of 5% of the sales price if they sell the property to any person during the term of the exclusive listing agreement. The term of the agreement was six months long running from January 1 of the year through June 30th. Detlefsen marketed the property and secured several offers with the highest offer being $700,000 from Ivy Jones which the Warren's agreed to on May 30th of that year. This sales contract had a provision that in the event of default by the Warren's Ivy Jones only recourse would be a refund of her $10,000 deposit. Subsequently, a friend of the Warren's, Zaine Johnson a person unknown to Detlefsen, found out the Warrens were selling the property and offered to buy it for $800,000. The Warren's thus, subsequently cancelled the sales contract to Ivy Jones and returned her $10,000. They then waited until July 1, after the term of their exclusive contract with Detlefsen had lapsed and signed a written agreement to see the property to Zaine Johnson. Does the Warren family owe any brokers fee to Detlefsen for the sale of the property? Why or why not? If a fee is owed what should it be based on the $700,000 sales price or the $800,000 sales price? Discuss.
Rachel G.
Please read through the scenario below the state how you would rule / decide if you were the Judge on this matter. SCENARIO The Warren family signed an exclusive real estate listing agreement with Detlefsen real estate brokerage to sell their property. The agreement provided that the Warren's were obligated to pay a commission of 5% of the sales price if they sell the property to any person during the term of the exclusive listing agreement. The term of the agreement was six months long running from January 1 of the year through June 30th. Detlefsen marketed the property and secured several offers with the highest offer being $700,000 from Ivy Jones which the Warren's agreed to on May 30th of that year. This sales contract had a provision that in the event of default by the Warren's Ivy Jones only recourse would be a refund of her $10,000 deposit. Subsequently, a friend of the Warren's, Zaine Johnson a person unknown to Detlefsen, found out the Warrens were selling the property and offered to buy it for $800,000. The Warren's thus, subsequently cancelled the sales contract to Ivy Jones and returned her $10,000. They then waited until July 1, after the term of their exclusive contract with Detlefsen had lapsed and signed a written agreement to see the property to Zaine Johnson. Does the Warren family owe any brokers fee to Detlefsen for the sale of the property? Why or why not? If a fee is owed what should it be based on the $700,000 sales price or the $800,000 sales price? Discuss.
Oluwadamilola A.
Raquel agreed to sell her windsurfing board to Patrick in exchange for Patrick painting her entire basement and replacing the wooden flooring. They agreed. But, three days later, Raquel assigned her rights to obtain services from Patrick to Jennifer. Jennifer had just bought a new home that required major remodeling—specifically, replacing the floors throughout the whole house. Jennifer accepted the assignment. But Patrick never performed his obligations to Jennifer. Jennifer sued Patrick for nonperformance. However, Patrick argued that Raquel's assignment significantly increased his obligations as an obligor. Agreeing with this view, the court ruled in favor of Patrick. But what if the facts of the case were different? Select each set of facts below that could change the power of that court to hear the case. a) Instead of Raquel asking for Patrick's services, she and Patrick agree that Patrick will pay $500 for the windsurfing board. Raquel assigns the right to payment to Jennifer, but Patrick never complied. b) Raquel never noted in writing that she would assign her rights to receive Patrick's services to Jennifer. c) Jennifer's house was a lot smaller than Raquel's, and replacing the flooring in Jennifer's house would be significantly cheaper and require less labor than performing the same services for Raquel. d) In the original contract between Raquel and Patrick, both parties had agreed to include an anti-assignment clause.
Jennifer S.
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