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Author: Todd Ewing

Power of Attorney pitfalls

Written by Todd Ewing on .

In my 18 years as a settlement attorney, I can point to an improper Power of Attorney (POA) form as one of the most common causes of a delayed closing.You have no doubt encountered clients who are too busy or physically unable to make...

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Like-kind Exchange

Written by Todd Ewing on .

The exchange of real property for other real property (a "like-kind" exchange) may be a nontaxable event. To be a like-kind exchange, the property you transfer (the "Exchange Property") and the property you acquire (the "Replacement Property")...

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What Does ‘If Required’ Mean?

Written by Todd Ewing on .

The GCAAR Regional Sales Contract makes only one reference to the survey and is found in paragraph 19 as follows: “The title report and survey, if required, will be ordered promptly. …” Note the key phrase “IF REQUIRED.”...

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termite on wood

‘As Is’ Means As Is for Termites

Written by Todd Ewing on .

“. . . All clauses in this Contract pertaining to Property condition, termites or compliance with city, state or county regulations are hereby deleted from this Contract. . . .” – AS-IS para. #3, Addendum of Clauses, GCAAR...

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