Contingencies in a Real Estate Agreement

Contingency clauses in a real estate contract are clauses put in to allow either the buyer or the seller to walk away from the real estate transaction without penalty if a particular event should happen. They act as escape clauses so that neither a buyer nor seller has to go through with a deal that has become disadvantageous. While many contingency clauses are designed to protect buyers, sellers may include contingency clauses as well.

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Is a scanned or electronic copy of a contract legally binding, or is a signed original required to enforce a contract?

Copies and faxes of contracts, and scanned or electronically stored versions, are all “good” (valid) contracts and enforceable. In fact, contracts are now very commonly executed, or signed, at least partially by fax or scanned copy, with one person signing, then transmitting the contract in some form to the other, who then signs it and transmits a countersigned version back.

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Can I fire my lawyer even if they were working on a contingency fee basis?

You can always fire your lawyer. In most states the rules are that the old lawyer and new lawyer share the fees based on work done, and, if necessary, the bar association figures out the split. The bad news is, clients who fire their lawyers for what other lawyers regard as trivial matters are often seen as ‘trouble’ by prospective new lawyers who fear that they may be complained about next.

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What can I do under lemon law to resolve the problem myself?

If you have a vehicle that falls under your local lemon laws and you believe you’re entitled to compensation, it is possible to handle the situation yourself. However, as with any legal problem, should the case escalate to anything beyond basic communication – even if you file a lawsuit and it doesn’t actually go to trial – you will be doing yourself a huge favor hiring a lawyer.

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