Merge Offer To Purchase Real Estate

Aug 6th, 2022
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How to Merge Offer To Purchase Real Estate

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In this video, Matt Leighton shares his top seven tips for negotiating a lowball offer on a property. A lowball offer is defined as an offer significantly below the asking price, which sellers may initially dismiss. To increase the chances of acceptance, the first tip is to understand the seller's motivation. Identifying reasons such as financial loss or urgency can make your offer more appealing. The video promises further strategies to help persuade sellers to consider low offers, making it a useful resource for those looking to buy property while saving money. For more real estate insights, viewers are encouraged to subscribe.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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In real property law, all promises merge (i.e. end) on closing when the purchase price is paid by the buyer and the deed is delivered by the seller unless the agreement of purchase and sale otherwise provides, expressly or impliedly, or unless a new agreement is made by the parties.
A merger clause is a common provision that is found in many contracts. It makes clear that the written contract is the complete agreement between the parties as to a specific transaction, and any other agreement between the contract parties is superseded by the written contract.
For example, a common clause that indicates survival is this warranty (or representation) shall not merge, but shall survive the completion of this transaction. This wording means that both parties agree that the representations or warranties made shall remain in full force and effect following the closing date.
Any clause where a warranty or representation is made and states this warranty shall survive and not merge on the completion of the transaction means that whoever is making that warranty or representation is liable for that statement after closing is complete.
Unfortunately for most parties involved, no. A contract cannot survive the death of either party unless its assigned under a corporate agreement (such as stock purchase agreements)--which has its own set of issues--or if the contract is supported by consideration produced before the termination.
The doctrine of merger is that, upon completion of an agreement for the sale of land, the agreement and the parties rights thereunder are merged in the deed, so that thereafter they can no longer rely on the terms of the contract, but must look to the deed for any remedy. The basis of the doctrine is that there must
: a clause in a contract stating that the contract is a complete statement of the agreement and supersedes any prior terms, representations, or agreements whether made orally or in writing.
Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.

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