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From the nation's foremost authority on real property law comes an updated and expanded edition of his classic guide to real estate conveyancing. Since 1954, Friedman on Contracts and Conveyances of Real Property has been the clear standard by which all other texts in the field have been judged. Like thousands of attorneys before you, you'll want to turn to Friedman in every area of real estate conveyancing for experienced, authoritative guidance on what you should do, shouldn't do, and why ... from the inception of the contract to the delivery of the deed. Now in a thoroughly updated and expanded Sixth Edition, featuring the latest court decisions affecting real property law, Friedman remains your go-to, how-to resource, enabling you to prepare fair and foolproof documents that leave nothing to the hazard of implication. From the author of the benchmark Friedman on Leases, these two easy-access volumes offer you a treasury of checklists and sample clauses and forms, simplifying and speeding the many steps involved in real estate conveyancing. Designed to serve experienced real estate specialists as well as attorneys who only occasionally draft contracts of sale, Friedman enables you to protect your clients' interests and your own, whether you're representing a buyer or seller. This massive resource alerts you to pitfalls and potential areas of liability ... helps you eliminate fatal ambiguities and gaps in crucial documents ... shows how you can streamline the entire conveyancing process ... covers the latest legal trends affecting real property law ... and points out how the laws differ importantly among various jurisdictions. Friedman provides you with answers to such critical questions as: - If the seller is unable to convey title in the form required by the contract, will the seller be liable in damages? - Why do closing adjustments represent one of the greatest pitfalls you face? - The rule of caveat emptor. If the seller keeps his mouth shut about property defects is it a misrepresentation ... or the purchaser's hard luck for not having found out about it first? - How large a role should title insurance play in the process? - What rules are applicable in the event of loss - What are the three types of encroachments ... and how can they be remedied? - If the purchaser backs out, what are the seller's recourses? Comprehensive examinations of such issues as: - Roads, rights of way, sewers, streams, and other easements - The growing use of due-on-sale clauses - How to best prepare a new mortgage - The "good faith rule" versus the "loss of bargain" rule. Examine how each affects the purchaser's ability to recover damages when the seller breaches the contract - How to handle the closing; A step-by-step overview Necessity of covenants in the deed - How a simple clause for a fixed-rate mortgage can reduce risks stemming from an all-cash contract
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Milton R. Friedman was a well-respected New York real estate lawyer, scholar and author who passed away in late 1997. He was 93 years old and continued work on this treatise until his last day. Mr. Friedman had been a partner in the New York City law firm of Parker, Duryee, Zunino, Malone and Carter, and was a member of the Connecticut and New York Bars for over fifty years. James Charles Smith, John Byrd Martin Professor of Law, University of Georgia, updates this treatise annually.Review:
"The 'bible' for any lawyer handling a real estate conveyance." --The Business Lawyer
"This book should be required reading for attorneys who intend to represent a party to the sale of real estate" --American Bar Association Journal
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Book Description Practising Law Institute, 2004. Hardcover. Condition: New. book. Seller Inventory # M0872241173