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The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
North Carolina requires brokers to disclose noises, odors, smoke, or other nuisances from commercial, industrial, or military sources that affect the property. Someone dying in a home does not need to be disclosed during a sale: including suicides, accidents, or violent crimes (yes, even if it was murder).
The buyer is entitled to rely on that disclosure statement in buying a home. And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.
Dealing With Defects Legally As a last resort, a homeowner may file a lawsuit against the seller within a limited amount of time, known as a statute of limitations. Statutes of limitations are typically two to 10 years after closing.
General Rules Don't accept checks payable to someone other than the broker/company unless it's a check: A) payable to an owner for a due diligence fee or option fee or B) payable to a third party escrow agent in a sales transaction.
What are the elements of a contract? In order to have a valid contract in North Carolina, there must be an offer, an acceptance, along with consideration. The parties must also have the capacity to enter into the contract.
47E) (Disclosure Act) requires owners of residential real estate (single-family homes, individual condominiums, townhouses, and the like, and buildings with up to four dwelling units) to furnish buyers a Residential Property and Owners' Association Disclosure Statement (Disclosure Statement).
The Residential Property Disclosure Act, codified as North Carolina G.S. 47E, requires the seller of residential real estate (one to four dwelling units) to complete a formknown formally as the Residential Property and Owners' Association Disclosure Statementdisclosing conditions and defects with the property.
7 Elements of Valid Contracts: What to Include to Make Things LegalLegality: What Laws Will Apply?Capacity: Are the Parties Fit to Enter an Agreement?Offer: What Is Being Proposed?Consideration: What's in it For You and the Other Parties?Intention: Are the Parties Interested in Partnering Together?More items...?
North Carolina requires brokers to disclose noises, odors, smoke, or other nuisances from commercial, industrial, or military sources that affect the property. Someone dying in a home does not need to be disclosed during a sale: including suicides, accidents, or violent crimes (yes, even if it was murder).