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The Mortgage Contingency Clause and Ethical Issues in Residential and Commercial Real Estate Contracts

SKU: REL3300
Total Credits
1.5 - 2
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There are countless ways a real estate deal can go sour. Anything from the wide range of procedural issues to the emotional state of buyers and sellers can undo even the most ironclad agreement. This CLE course will explain the various contingencies that can stand in the way of finalizing real estate deals, both commercial and residential.

Topics include:

  • May the Buyer Apply to a Mortgage Broker?
  • How Soon Does the Buyer Need to Apply?
  • What if the Buyer Obtains a Commitment in a Different Amount than Provided in the Contract?
  • Conditional Commitments: Do they satisfy the contract?
  • Commitments Given, then Revoked by Lender
  • Ethical Issues Regarding the Mortgage Commitment Contingency Clause
  • Ethical Issues in Residential and Commercial Real Estate Contracts: Duty to Communicate, Retainers, Dealing with Opposing Counsel, and Truthfulness

Lecturer Bios

Alexander Novak, Esq.

Alexander Novak, Esq., partner at Novak, Juhase & Stern, LLP, graduated from Brooklyn Law School magna cum laude in 1979 and from the University of Austria at Salzburg with a masters in international law in 1980. Mr. Novak is admitted to all State and Federal Courts in New York and the Court of Federal Claims, where he has litigated real estate contract disputes against the United States government. He has successfully litigated numerous real estate and other civil litigation matters in both Federal and New York courts. Much of the contents of this seminar is drawn from cases handled by the Long Island office of Novak, Juhase & Stern over the last twenty years. Mr. Novak has appeared on CBS Market Watch discussing Wall Street securities violations, and his firm has been mentioned in Time Magazine, Money Magazine, Kiplinger’s Investing and Medical Economics.

Kim Steven Juhase, Esq.

Kim Steven Juhase, Esq., partner at Novak, Juhase & Stern, LLP, graduated from New York State University at Albany cum laude in 1974 and from Brooklyn Law School in 1977. Mr. Juhase was the Executive Editor of the New York International Law Review and Editor in Chief of the Brooklyn Barrister and the Corporate Counsel Reporter. He has written numerous articles dealing with international litigation and civil court practice. Mr. Juhase has served as the Secretary of the New York State Bar Association’s Civil Practice Law and Practice Committee, and is admitted to all State and Federal Courts in New York & New Jersey.

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