Replace Required Fields in the Agency Agreement

Aug 6th, 2022
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How to Replace Required Fields in the Agency Agreement

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[Music] thanks for holding this is Jeff how can I help you today hello I know that agency laws had changed in 2016 and that in most cases there wont be any understanding home real estate agents represent forms in the transaction why are listing agents still asking the buyers agent to send a copy of the understanding home form the only time you need an understanding in real estate agents represent form is when one of the parties is not represented if both parties are represented you dont need the form is there anything else I can help you with today actually yes when Im on the listing side I cant tell you how many times a buyers agent has submitted a copy of their buyer agency agreement with the offer why our buyers agent doing this were not sure why buyers agents are doing this or why their brokers are allowing them to the buyers agent should never submit a copy of the buyer agency agreement with the offer anything else I know thats all I have for now thanks for your help yo

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Constructive changes have been applied by the courts in five distinct situations: (I) disputes over contract interpretation during performance; (II) government (or owner) interference or failure to cooperate; (III) defective specifications; (IV) misrepresentation and nondisclosure of superior knowledge; and (V)
Under common law, a party to a contract needs new consideration -- something of legal value -- to modify a contract. The party obtains new consideration by negotiating with the other party to change the consideration on both sides of the contract.
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.
The constructive change doctrine states that a contractor may have a valid claim for compensation for increased costs caused by formal changes in the manner, method, or scope of work where no formal change order has been issued.
An oral or written act or omission by the contracting officer or other authorized Government official that is construed as having the same effect as a written change order. A Government informal order can be defined as words or deeds excluding advice, comments, suggestions, or opinions.
Constructive changes most often arise where there is a dispute regarding contract interpretation, defective plans and specifications, acceleration or suspension of work, interference or failure to cooperate with the contractor, misrepresentation or nondisclosure of superior knowledge or technical information, over
Improper rejection of work, requirements to meet a higher performance standard than specified in the contract, interference with the contractors performance, and excessive test requirements are all examples of constructive change.
Change orders typically consist of three parts: the project information, the changes to the contract, and the change in cost and time for performance. Project information includes the project name and the owners and contractors information.

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