By the terms of a real estate contract, a seller agrees to convey clear title to a buyer. As a condition of being approved for a mortgage to buy the property, the buyer's lender usually requires the buyer to purchase a lender's insurance policy, which is paid for when the real estate transaction closes. Every closing is conditioned on proof of the seller's ability to convey clear title, the release of prior encumbrances, and the ability of the buyer's lender to have a superior interest in the property to be conveyed.
Generally speaking, the term "sharecropping" refers to an between a property owner and another person whereby the property owner hires the other person to farm the property owner's land. In exchange for the person's labors, the person is entitled to receive a share of the crop or harvest. Over the years, however, many different forms of sharecropping arrangements have been developed between parties.
All offers to buy real estate must be presented to the seller or his agent as soon as possible. That means that as soon as the buyer's offer is made available to the listing agent, that offer must be presented to the seller. The listing agent has no discretion in whether to present an offer to the seller. All offers must be presented, even if the listing agent believes that the seller will not accept the offer.
In 1968, Congress enacted the Interstate Land Sales Full Disclosure Act, 15 U.S.C.S. § 1701 (1998). In enacting the law, it was Congress' purpose to eliminate fraud in interstate sales of land. Briefly stated, the law requires certain disclosures in connection with the sale of vacant land. Despite numerous challenges since its enactment, the Interstate Land Sales Full Disclosure Act has passed constitutional muster.
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