The problem of oral contracts for the sale of land arises when the seller or buyer refuses to respect the oral agreement and to conclude the fiduciary service. In this case, the oral agreement is generally not enforceable under California law. A recent supreme court ruling is a further reminder of the importance of completing all the necessary formalities when concluding an agreement, especially with regard to the sale of real estate. Although written contracts were subsequently concluded for both plots of land, only the contract for the building plot was agreed and signed. Problems with a legal right of way to the prairie froze this written contract. Nevertheless, Mr. Dowding and Ms. Church presented the offer price for both the building land and the prairie and have in the meantime sold their home to finance the agreement. But as a general rule, oral contracts are better avoided. You are a recipe for misunderstandings and quarrels, because people tend to hear only what they want to hear, and then make sure themselves that their memory is better than yours. Worse, a dishonest opponent will have more latitude to get out of your agreement. Better to record everything and sign in black and white.
Without a witness to the deal, the aunt could be out of $200 and an honest relationship with her nephew. We often use the phrase „My word is my bond“ to indicate the binding nature of an oral agreement, but the dangers of relying only on words have been highlighted recently in a dispute over the sale of land. „Establishing a written agreement with the help of a specialized lawyer can save a lot of time and money in the long run, not to mention lawsuits.“ The listing agent`s response was always the same: „I do not accept any oral offer. If your client is interested, please submit a written offer. » It is advisable to discuss the marital situation or registered partnership with the notary; it may have legal consequences when selling the property. A marriage or partnership registered in the „general community of property“ means that all the property and debts of each partner are shared. The same applies if you have an official concubine contract of more than five years, unless you have a notarized declaration that indicates something else (for example. B a marriage or other contract). Existing houses are usually sold as „cost koper (kk)“. This means that all ancillary costs, such as overdrachtsbelasting (land transfer tax) and notary fees, must be borne by the buyer. The Makelaar can help you from the beginning to the end of the home hunting process, including technical inspection, negotiations, understanding the tendering system, and the administrative work that comes with buying a home. If you buy a house, you will have to pay the overdrachtsbelasting (land transfer tax), calculated on the basis of a fixed percentage of the sale price agreed with the seller.
There is no need to pay overruns if you get (part of) a house through divorce, marriage or inheritance. The Dutch government has taken the decision to promote the housing market by reducing submersions to 2%. Parties who are both in good health should freely accept the terms of the agreement, i.e. without any undue influence, coercion, coercion or misrepresentation of the facts. Both the nephew and aunt agree with the terms of the contract, without putting pressure on each other and with the intention of fulfilling their obligations. A very important factor in buying real estate is that you are aware of the legal position of the property.. . .