Question
I need someone to help me with a research project. I have attached a copy. INTRODUCTION This graded project is divided into three sections, which
I need someone to help me with a research project. I have attached a copy.
INTRODUCTION
This graded project is divided into three sections, which are
designed to exercise and test your skills in three important
areas of paralegal practice in the field of real estate:
1. Understanding deeds and warranty clauses
2. Drafting property sale agreements
3. Drafting lease termination notices
Helpful Hints
When you draft legal documents, there are some tips to keep
in mind. While legal language is often complicated, it should
never be unnecessarily complicated. You shouldn't add additional
words, or use longer words, simply because the result
sounds more "legalistic." Each word should be chosen because
it's the clearest and best way to say what the document needs
to express.
A longer legal document isn't necessarily better than a shorter
document. Sometimes the opposite is the case. Placing additional
provisions into a legal document to address nonexistent
issues doesn't make your document better. It can create
ambiguity and problems of interpretation.
When you draft a legal document, it's helpful to use numbered
paragraphs, and sometimes numbered or lettered subparagraphs.
This helps organize the document and provides a
visual framework for the reader. Generally, one paragraph
should deal with one issue. When you move on to another
issue, you should start a new paragraph. Numbered paragraphs
also provide a way to reference a specific part of the document, such as when one paragraph has to reference an
earlier or later paragraph in the document. You can call the
paragraphs "Articles" or provide titles for each paragraph, but
this is optional. Numbering your paragraphs also provides a
visual framework for the person reading the document.
When you're drafting legal documents, it's acceptableeven
praiseworthyto copy from other documents. The goal when
drafting a legal document isn't freshness and originality. The
goal is to draft a document that will accomplish the purpose
for which it's designed, while avoiding unintended consequences
as much as possible. One of the best ways to do this is to use
language that has been tried and tested before. So, if you
know that particular language has been approved in the past,
and the language matches what you're trying to accomplish
in the document you're creating, you should strongly consider
using the same language yourself.
However, when you copy existing legal language, be careful:
no two situations are exactly the same. You'll almost always
have to make some changes to the preexisting language in
order to adapt it to what you're trying to do. You must take
care never to copy language that you don't understand. If
you're not sure what the legal effect of a phrase or sentence
is, don't copy it just because it appears in a document that's
similar to what you're trying to create. Remember that copying
is acceptable only for documents that have legal effect,
like wills, trust documents, and contracts. Copying when
you're writing an essay or a memorandum is plagiarism
and will cause very serious problems.
Your textbook contains several sample deeds and contracts.
In addition, quotations from various types of legal documents
appear throughout your text. You may find language that you
can use in this project within your textbook.
Proofreading and Editing
Once you're sure the content of your document is what it
should be, you should proofread the document for spelling,
grammar, and other mistakes. Some law firms have a policy
that no document may leave the firm until at least two people
have reviewed it. Even an excellent writer will occasionally
make mistakes. If you can, have someone else look over your work. At a minimum, you should put your work aside for
a day or more and then look at it again. You'll be surprised
what problems you notice on a cold reading.
Always proofread and edit from a paper copy. Never try to
proofread or edit solely from the computer screen.
PART 1
1. In the deed provided on page 8, identify the following
clauses by line number (that is, cite the line number
where the clause begins and where the clause ends).
A. The consideration clause
B. The granting clause
C. The legal description
D. The warranty clause
2. Review the warranty clause carefully. Identify the kind of
warranty this language provides.
3. Draft a new warranty clause that, if put in place of the
warranty clause presently in the deed, would turn the
deed into a limited warranty deed.
PART 2
Draft a property sale agreement based upon the facts provided.
A. The buyer is Bob Buyer, 10 Main Street, Centerville, West Dakota.
B. The seller is Sally Seller, 100 Oak Street, Farmerville, West Dakota.
C. The property is a two-family home at 100 Oak Street, Farmerville, West Dakota.
D. The property is at lot number 10, block number 10.
E. Purchase Price: $400,000
F. Initial deposit: $40,000
G. The closing will take place at 150 Commerce Avenue, Centerville, West Dakota, on June 15
of this year.
H. The transaction is contingent on the buyer being able to obtain a mortgage in the amount of
$200,000, at an interest rate less than or equal to 6% by June 1 of this year.
J. The transaction is contingent on the buyer being able to sell the buyer's present home at 25
Elm Street, Potterville, East Dakota, by June 1 of this year.
K. All fixtures are included with the property.
L. The seller warrants that the property is zoned for a two-family home.
M. The seller is responsible for the condition of the property until closing.
N. The seller will provide a limited warranty deed.
O. The seller will pay all liens before closing.
P. The seller wants to include a standard clause stating that ownership is transferred subject to
any easements in favor of utility companies.
Q. The buyer has already inspected the property and will accept the property "as is."
R. The seller will pay Benny Broker's broker fee of 3% of the purchase price.
S. The buyer and seller will apportion periodic expenses such as property taxes pro rata based
on the time of transfer of possession.
T. If the contract is cancelled without breach by the buyer, the buyer's deposit will be returned.
If the contract is cancelled because the seller is unable to provide a deed with the proper
warranties, then the seller will also pay the buyer's costs.
U. The property is a two-family home. It is understood that Tommy Tenant will continue in possession
of the rental apartment on the third floor of the property pursuant to his lease, which
was executed on June 15 of last year and which expires on June 15 of next year. Tommy
pays $700 per month in rent.
PART 3
The transaction between the buyer and the seller that was
described in Part 2 has been completed. Unfortunately, Tommy
Tenant didn't pay his rent on September 15, when it was due,
and has not paid rent since. It's now December 15, and Bob
Buyer wants to terminate Tommy's occupancy. Draft a notice
of lease termination.
WRITING GUIDELINES
1. Type your submission, double-spaced, in a standard print
font, size 12. Use a standard document format with 1-inch
margins. (Do not use any fancy or cursive fonts.)
2. Save each part of your project as a separate document in
Word or another word-processing program. Name the
files Part 1, Part 2, and Part 3.
3. Include the following information at the top of each:
a. Name and complete mailing address
b. Student number
c. Course title and number (Real Estate Law, PLS 215)
d. Research project number (40174600)
4. Proofread your work carefully. Check for correct spelling,
grammar, punctuation, and capitalization.
2
3 This indenture, made the ___ day of ________, in the year of our Lord 20___, between
4 __________________ (hereinafter called the grantor), of the first part, and _________________
5 (hereinafter called the grantee), of the second part.
6
7 Witnesseth that the said party of the first part, for and in consideration of the sum of
8 ______________________, lawful money of the United States of America, well and truly paid by the
9 said party of the second part to the said party of the first part, at and before the unsealing
10 and delivery of these presents, the receipt of which is hereby acknowledged, hath granted,
11 bargained, sold, aligned, enfoeffed, released, conveyed, and confirmed, and by these
12 presents doth grant, bargain, sell, alien, release, convey, and confirm unto said party of the
13 second part, and to his/her heirs, successors, and assigns, to have and to hold forever, ALL
14 that certain lot or piece of ground situated in ____________, in the County of ______________ and
15 the State of _____________, being Lot No. _____________, in the _______________, as recorded in the
16 Recorder's office of __________________ County, ____________, in Plan Book Volume ________, pages
17 ___, ___ and ____, being designated as Block and Lot No. ______________, known and numbered as
18 ________________, ________________________, _________________________.
19
20 The Grantor covenants with the grantee, the grantee's heirs, assigns, and successors,
21 that, at the time of the delivery of that deed the grantor was lawfully seized in fee simple of
22 the granted premises, that the granted premises were free from all encumbrances, that the
23 grantor had good right to sell and convey the same to the grantee and the grantee's heirs,
24 assigns, and successors, and that the grantor does warrant and will defend the same to the
25 grantee and the grantee's heirs, assigns, and successors, forever, against the lawful claims
26 and demands of all persons.
27
28 In witness whereof, the said party of the first part has hereunto set their hands and
29 seals on the day, month, and year first written above.
30
31 Signed, sealed, and delivered in the presence of:
32
33 ______________________________________
34
35 State of ____________________________ )
36 )
37 County of ____________________________ )
38
39 On this ______ day of ____________, ________, before me, the Subscriber, a Notary Public
40 for the State of _____________________, residing in _______________________ and
41 _____________________________, came the above-named ________________________________, who
42 acknowledged the foregoing to be his/her act and deed, and desired the same to be
43 recorded as such.
44
45 __________________________________
46 NOTARY PUBLIC
47
48 (Seal)
49 My commission expires on ________________
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