“Substantive Best Practices” Best Practices in Consumer media.dsba.org/PreAdmitMaterials/30-Best Practices-Re2016-11-07“Substantive Best Practices” Best Practices in Consumer

  • View

  • Download

Embed Size (px)

Text of “Substantive Best Practices” Best Practices in Consumer media.dsba.org/PreAdmitMaterials/30-Best...

  • Substantive Best Practices Best Practices in Consumer Practice Real Estate

    Click on any item to view associated materials Biographies of Speakers

    Valerie M. Carr, Esquire, Carr Law, LLC William Schab, Esquire, Schab & Barnett, P.A. Andrew P. Taylor, Esquire, Cooch and Taylor, P.A.

    Program Materials *

    Program Materials

    * The forms included herein are samples only and may not be appropriate for any particular matter.


  • Valerie M. Carr Valerie M. Carr, Esquire is an attorney in private practice, opening her own practice, Carr

    Law, LLC, in December 2015. She works primarily in New Castle County. Licensed in 2001, she received her Bachelor of Arts degree from the University of Delaware and her law degree from Villanova University School of Law. Ms. Carr focuses her practice on Residential Real Estate, Estate planning, and probate administration. She is the immediate former Chair of the Real and Personal Property Section of the DSBA. Additionally, she is a member of the Estates & Trusts Section and the Estate Administration Subcommittee of the Delaware State Bar Association (DSBA). Valerie was instrumental in bringing the Wills for Heros Program to Delaware, a program designed to offer free basic estate planning documents to Police, Firefighters, and other first responders.



    Cooch and Taylor

    ataylor@coochtaylor.com (302) 984-3812(w) (302) 598-4412(c)

    Mr. Taylor is a director Attorney with the firm of Cooch and Taylor. He is a

    graduate of The Dickinson School of Law and the University of Delaware. He is admitted to

    practice in Delaware and Pennsylvania. He was the 1994-96 Chairman of the Real and Personal

    Property Section of the Delaware State Bar Association. For the years 1987-2014, Mr. Taylor has

    been named in Woodward/White's Directory as one of the Best Lawyers in America in the Real

    Estate field. He has been recognized by Martindale-Hubbell with their top rating of AV. In 1991

    he was a consultant to the Delaware Human Relations Commission responsible for re-writing

    Delaware's Fair Housing Act and Regulations enacted in 1992. He is the Legal Counsel for the

    Delaware Association of REALTORS7 and The New Castle County Board of REALTORS7. He

    is a Corporator and Director of Artisans' Bank and a past President of the Board of Trustees of The

    Independence School. He is an assistant Scoutmaster for Boy Scout Troop 2 and a mentor in

    aluminum welding for the FIRST MOE365 robotics team. He is also a former board member and

    current volunteer for Family Promise of Northern New Castle County, Inc. providing housing and

    services for homeless families. Mr. Taylor is a member of St. James Episcopal Church and the

    Committee of 100. He also lectures and teaches extensively to real estate brokers and salespeople

    in the field of Real Estate Law and in 1994 was the recipient of the Education Award from the

    New Castle County Board of Realtors. Mr. Taylor was an expert witness in the Mid-Atlantic

    Settlement Services case before the Board on the Unauthorized Practice of Law of the Supreme

    Court of the State of Delaware.

    Primarily responsible for drafting the following legislation or regulations:

    1. Delawares original agency disclosure statute.

    2. Psychologically Impacted Properties section, 1991

    3. Buyer Property Protection Act and Sellers Disclosure of Real Property Condition Report Form.

    4. Delaware Fair Housing Act 1992.

    5. Delaware Agency statute, 2007 and Consumer Information Statements.

    6. Amendments to Delaware Agency Statute 2008.

    7. Provided substantial comments to DeREC for revisions to Sellers Disclosure form. 2008

    8. Provided comments to re-write of Delaware Landlord Tenant Code.

    9. Substantial assistance on revisions to Licensing Act Real Estate Brokers 2008-11

  • 10. Assisted with amendments to DUCIOA 09 &10 & drafted Resale Certification Form 2009

    11. Statute prohibiting Private Transfer Fees in DE. 2010

    12. Assisted with revisions to DeREC Rules & Regs. and education rules 2011-2012

    13. Assisted with revisions to CIS forms 2011-2012

    14. Commercial Brokers Lien Statute 2013

    C:\MyFiles\Teaching\Biographical Sketch 13.doc

  • Pre-Admission ConferenceBest Practices in Consumer Practice Real Estate

    Table of Contents

    1. Bio Andrew P. Taylor

    2. Bio Valerie M. Carr

    3. Table of Contents

    4. Copyright Notice re Agreement of Sale Forms

    5. Agreement of Sale Residential

    6. Agreement of Sale Unimproved Land

    7. Seller Mortgage Information

    8. Must Sell Addendum

    9. Short Sale Addendum

    10. DUCIOA Resale Certification

    11. DeREC Property Disclosure effective 01/01/11

    12. DeREC New Construction Property Disclosure - effective 01/01/11

    13. Radon Disclosure 9/12/07

    14. Radon Brochure

    15. DeREC Property Disclosure Exemption Form

    16. Listing Agreement Fillable 8/2/13

    17. Short Sale Addendum to Listing Agreement Fillable

    18. Contract Provisions from DE law 2011

  • Notice regarding use of forms from the Delaware Association of Realtors.

    The attached form of Agreement of Sale and other forms are the property of the Delaware Association of Realtors. They are used for this class for educational purposes. These forms are protected by copyright laws. You may not use it for your own use unless you are a member of the New Castle County Board of Realtors, the Kent County Association of Realtors, or the Sussex County Association of Realtors. As a Delaware attorney, you may join your local Realtors association as an affiliate member. You could then use these forms for your clients.

    By the way, the Board also is interested in knowing the names of lawyers interested in teaching real estate classes at the Board. Perhaps you have an idea for a 3 hour continuing education class to develop and teach at the Board.

    Please also note that the 2009 forms are being revised with forms to go into effect in October. You can check the website of the Delaware Association of Realtors for the latest forms.

    Thank you for respecting copyright laws.

  • 1

    Copyright 2008 by Delaware Association of REALTORS. All Rights Reserved. August 6, 2009. This form has been created exclusively for the use of the association members and thosewith written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly prohibited and is in violation of FederalCopyright laws.

    AGREEMENT OF SALE for DELAWARE RESIDENTIAL PROPERTY This is a legally binding agreement; if not understood, seek competent legal advice prior to signing.


    1. PARTIES. SELLER: ________________________________________________________________________________________ Address:____________________________________________________________________________________________ BUYER: _________________________________________________________________________________________ Address:____________________________________________________________________________________________ 2. PROPERTY. Buyer hereby agrees to purchase from Seller and Seller agrees to convey to Buyer that Property identified as TAX PARCEL # ___________________________________________________________________________ being situated in ______________________________County, Delaware and further identified as: _________________________________________________________________________________ _________________________________________________________________________________ 3. PAYMENT TERMS. A. PURCHASE PRICE $_____________________ To be paid as follows: B. DEPOSIT UPON SIGNING THIS AGREEMENT $_____________________; In the form of Check Cash Other ___________________ C. ADDL. DEPOSIT DUE WITHIN __________ DAYS OF ACCEPTANCE $_____________________; D. BALANCE OF PURCHASE PRICE (A minus B & C) (Loan Balance, if any, plus remaining Down Payment) $_____________________ All sums deposited by Buyer prior to the time of final settlement shall be placed in a non-interest bearing escrow account with Listing Broker ("Escrow Broker") unless otherwise specified in this Agreement. Any funds delivered to the Escrow Broker within 15 calendar days of settlement shall be certified funds. Funds paid by Buyer at settlement shall be in cash, certified check, cashiers check, treasurers check, wire transfer or a Delaware attorneys escrow check. Seller's net proceeds shall be paid by check from the settling attorney's escrow account unless other arrangements are made with the attorney. 4. INCLUSIONS/ EXCLUSIONS. Unless specifically excluded by this Agreement the purchase price shall also include the following, as and if now installed, stored in, or located on the Property: all presently existing plumbing, heating, electrical and central air conditioning systems; and all other permanent or attached fixtures including but not limited to, all existing shutters, awnings, wall to wall carpeting, radiator covers, cabinets, shelves, mirrors fixed in place, attic/exhaust fans, lighting and plumbing fixtures, and landscaping. Certain other now existing items which may be considered personal property, whether installed or stored upon the Property, are included, as follows: (If neither column is checked, item