Real Estate Contract Law & Risk Management

Contract law essentials from formation through closing. Covers purchase agreement anatomy, contingencies, seller disclosure, title examination, breach remedies, E&O liability prevention, and transaction documentation requirements.

8 Units

Early Units (Foundation)

Building Skills

Advanced Concepts

Capstone/Synthesis

Contract Formation Essentials: The Legal Foundation

Examines the core elements of contract formation — offer, acceptance, consideration, capacity, and legality — with emphasis on Statute of Frauds compliance in real estate transactions.

20 minutes

Purchase Agreement Anatomy: Essential Provisions and Drafting Requirements

Dissects the standard residential purchase agreement, covering parties, property description, price and terms, contingencies, and closing date provisions, with emphasis on enforceability and risk mitigation.

20 minutes

Contingencies and Conditions Precedent: Managing Conditional Performance

Examines financing, inspection, appraisal, title, and sale-of-property contingencies, with focus on good faith obligations, waiver procedures, and consequences of contingency failure.

20 minutes

Seller Disclosure Requirements: Material Facts and Legal Obligations

Examines state-specific disclosure forms, the material facts standard, 'as-is' sales, merger clauses, and the interaction between statutory disclosure requirements and common law fraud liability.

20 minutes

Title Issues and Examination: Clouds, Encumbrances, and Curative Actions

Examines title examination procedures, common title defects (clouds, easements, encumbrances), title insurance policies, and the seller's obligation to deliver marketable title at closing.

20 minutes

Breach of Contract and Remedies: Specific Performance, Damages, and Rescission

Examines breach of contract principles and remedies in real estate transactions, including specific performance, compensatory and consequential damages, rescission, liquidated damages, and the distinction between penalties and enforceable damage provisions.

20 minutes

Errors and Omissions Liability: Professional Negligence and Risk Mitigation

Examines professional negligence standards, common E&O claims (missed contingency deadlines, disclosure failures, unauthorized practice of law), duty of care to clients and third parties, and risk mitigation through documentation and insurance.

20 minutes

Transaction Documentation and Recordkeeping: Retention Requirements and Compliance

Examines transaction document retention requirements, electronic signature compliance under ESIGN Act and UETA, broker trust account recordkeeping, and best practices for audit readiness and dispute prevention.

20 minutes

Learning Progression

This course is designed to be taken sequentially. Earlier units establish foundational concepts that later units build upon. While you can explore units in any order, following the numbered sequence provides the most coherent learning experience.