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An adverse material fact is a fact that, if known, may cause a buyer to make a different decision regarding purchasing the property or the amount offered. Real estate brokers and people selling property have disclosure obligations under both federal and state law.
Expert-Verified Answer. The seller who holds legal title and the buyer who holds equitable title in an executory contract are known as the parties to the contract. The legal title represents the ownership of the property, while the equitable title represents the right to use and enjoy the property.
In a land sale contract, the deed conveying legal title is delivered to the buyer when the contract is: fully paid and performed.
A purchase and sale agreement, also called a sales and purchase agreement or a purchase and sales contract, is a legally binding document that parties in a transaction use to stipulate the terms and conditions that will guide the sale and transfer of goods or property.
A notice to perform is an official document that requires either a real estate buyer or seller to take certain actions by a specific date to avoid the deal's cancellation. Some states require that either party issue a notice to perform before canceling a deal.
What type of title does the buyer get in a land sales contract? The answer is equitable title. The buyer (called the vendee) takes possession and gets equitable title to the property.
Residential sellers and real estate brokers in Colorado have a duty to disclose any defect known to them that would materially affect a buyer's decision to purchase the property. Failure to disclose defects may result in legal liability.
6. B Explanation: A land contract (which may also be known as a conditional or installment sales contract) will transfer only equitable title to a buyer while allowing the seller to retain legal title.