This may take several days, especially if it is a large check. Your attorney will also deduct his or her own share from the settlement funds for the legal services that he or she provided and for the advancement of any legal costs. There may be several steps that you and your attorney can take to speed up the process.
Full Answer
· It could be as simple as 3-5 hours or as complex as a few thousand hours. This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to …
· Having been an estate planning and elder law attorney for 25 years, and having drafted hundreds of wills, trusts, and powers of attorney for my clients, I would say that a reasonable time for an attorney to complete all these documents would be a few weeks at most.
Buyer letter, if written by you: anywhere from a few minutes to half an hour. (These home buyer love letters are often not used, but sometimes permitted.) Contract paperwork review: estimate one hour with your agent, but it could be 2 hours or more to go through the unsigned contract and related documents.
If you're like many job candidates, you might be wondering, “How much time do I have to make a decision?” According to multiple hiring managers, requesting 48 to 72 hours is perfectly reasonable.
In theory, sellers can take as long as they want before responding to an offer, but most listing agents get back to buyers within a few days. For the most part, 24 to 48 hours seems to be the standard observed by most sellers and their agents, but there are some exceptions.
Sellers Take up to Three Days to Respond to Your Offer “Most offers have an expiration date within the letter, but either way, buyers usually receive responses from sellers within one to three days.”
Hiring decisions often get delayed because someone who is a key part in making those decisions is absent. They may be ill, they could be on vacation, traveling for work, or they may need to deal with a more pressing issue. The process may come to a halt until this person can resume their hiring duties.
Short answer: One to three days He says that in the 2021 housing market, “Sellers are really trying to hold out for multiple offers and to use that to bid against each other.” If you're in a hot market, it could take a few days to hear anything.
There are quite a few reasons why a seller might take longer than usual to respond to your offer. The first is if they received multiple offers. “Typically, response time increases if there is more than one offer on the table,” says Ross. “Sellers may take their time to choose which offer is best for them.”
Forty-eight hours from the time of the offer is signed.
A higher offer comes in If the agreement has already been signed, it's next to impossible for a seller to back out. But if an appraisal changes what a seller is willing to sell the house for, they can cancel the agreement before signing.
As a reminder, some agents mistakenly believe that sellers must consider offers in the order they are received. In fact, even though listing agents are expected to present offers immediately, their seller-clients are certainly permitted to wait on other offers before considering and responding to any offers.
If the purchase contract hasn't been signed, the seller could accept another offer, even if you think they've accepted yours. The seller generally cannot cancel your contract if you are in compliance simply because the seller received a better offer from another buyer.
You can make an offer on a house that already has an offer, provided the executed contract has not been signed. You can also have an offer accepted in this situation, or ask the seller if they could put your on their back up list.
Your purchase offer, if accepted as it stands, will become a binding sales contract—also known as a purchase agreement, an earnest money agreement...
You will have a binding contract if the seller, upon receiving your written offer, signs an acceptance just as it stands, unconditionally. The offe...
Can you take back an offer?In most cases the answer is yes, right up until the moment it is accepted—and in some cases even if you haven't yet been...
When an offer comes in, a seller can accept it exactly as it stands, refuse it (seldom a useful response), or make a counteroffer with the changes...
Get an attorney who does elder law and it should only take days.
The attorney should advise you at the first meeting how long it will be to complete everything; if things are delayed for some reason, the attorney should be calling YOU to explain why! I don't like the sound of how things are going with this attorney and agree with the others that you may want to try to move on.
Unfortunately, if the lawyer has already spent time on your case, he may feel justified in sending you a bill for the time spent to date. You will have to review your agreement with the attorney (if any). Sometimes telling the attorney that you are upset and are considering filing a complaint with the local legal ethics board will (a) ...
YES, you definitely need a new attorney (if you want to go that route) - it shouldn't take that long at all, and as the other post said and I agree - you shouldn't have any relative or friend helping you with these papers - it's none of their business. And go back and get the papers from the original lawyer. Good luck.
Just how detailed your offer document will be varies across the United States. In California, for example, the standard purchase offer is written in the form of a contract, so that the seller could sign it and boom, you'd be in contract to buy; though more often, the seller will come back with a counteroffer (also in the form of a full purchase agreement) hoping that the buyer will sign that version.
Getting to that point usually takes a few steps. First, in order to place an offer on a house, you will in all likelihood deliver a written offer to the seller. That offer will likely contain an expiration date, so that if the seller doesn't act on it within a given amount of time, the offer dies by itself. But let's assume that doesn't happen, and ...
In California, for example, the standard purchase offer is written in the form of a contract, so that the seller could sign it and boom, you'd be in contract to buy ; though more often, the seller will come back with a counteroffer (also in the form of a full purchase agreement) hoping that the buyer will sign that version.
After you are in contract, the situation changes. You are legally bound to go through with the sale, unless one of the contingencies (conditions) set forth in your purchase contract isn't met.
1) the exact point at which you are "in contract" to buy the house, and. 2) after you're in contract, what the contract says about terminating the transaction.
Until both parties have come to an agreement on all the contract terms and actually signed the purchase agreement such that you're in contract, nei ther of you are legal ly bound to anything, and you can withdraw your offer without any problem.
Finally, if you do need to cancel the contract and can't justify it based on one of the contract contingencies, realize that many sellers will be reasonable and not insist on keeping your entire earnest money deposit; especially when it's clear that your reason for canceling isn't mere fickleness, but due to a major change in your circumstances. Again, your real estate agent or attorney is the best one to negotiate this.
The Basics of Making an Offer on a House. Like marriage, home-buying is one part love, one part legal transaction, and starts with a proposal. When you’re ready to buy a home, making an offer is important: oral promises are not legally enforceable in real estate sales.
Your purchase offer, if accepted as it stands, will become a binding sales contract —also known as a purchase agreement, an earnest money agreement or a deposit receipt. It’s important, therefore, the offer contain every element needed to serve as a blueprint for the final sale.
Besides addressing legal requirements, making an offer should specify price and all other terms and conditions of the purchase. For example, if the sellers said they’d help with $2,000 toward your closing costs, include that in your written proposal and in the final contract—or you won’t have grounds for collecting it later.
If your proposal says, “This offer is contingent upon (or subject to) a certain event”, you’re saying you will go through with the purchase only if that event occurs. The following are two common contingencies contained in a purchase offer:
If you can’t secure the loan, you will not be bound by the contract. Home inspection. The property must get a satisfactory report by a home inspector “within 10 days after acceptance of the offer” (for example).
A provision the buyer may make a last-minute walk-through inspection of the property just before the closing
You will have a binding contract if the seller, upon receiving your written offer, signs an acceptance just as it stands, unconditionally. The offer becomes a firm contract as soon as you are notified of acceptance. If the offer is rejected, that’s that. The seller cannot change their mind later and hold you to the deal.
The attorney may hold the check in a trust or escrow account until it clears. This may take several days, especially if it is a large check.
Release Form. The first step in receiving your settlement check is to sign a release form that states that you will not pursue any further monies from the defendant for the specific incident in question. The defendant or the defendant’s insurance company will not send a check for your damages without such a form.
At this point, the release time depends largely on the defendant’s internal process. Some states have specific deadlines in which a defendant must provide settlement funds after receiving the release form. Some state laws strengthen the leverage over the defendant by requiring him or her to start accumulating interest on the settlement funds from the date that the release form is received so that there is a disincentive for the defendant to delay payment.
While you can ask your attorney to give you an estimate of when you can expect your check, the answer to this question depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.
Legal Considerations When Accepting a Draw. Sales representatives and principles sometimes enter into relationships in which the principle recognizes that for whatever reason, the future sales by a sales representative may be sporadic or unpredictable. In order to alleviate the cash flow concerns sales representatives encounter, ...
The Federal District Court held in favor of the company and against the plaintiff’s claim for unpaid commissions. It reasoned that the parties understood that the draw was not a guaranteed salary and that the sales person understood the implications of in effect, borrowing from the monies she was paid.
The bottom line with draws is that sales representatives should be fully aware of the arrangement he or she has with the employer. Written incentive plans or employment agreements should contain a detailed provision regarding the draw and sales quotas. To prevent owing the company money, a sales person or company may want to set up an escrow account, much like an attorney, and keep the draws’ funds separate from other income. In this way, the sales person won’t have to worry about owing the company money he or she can’t pay back.
The Kentucky Federal Court ruled that a draw in which the sales person must potentially return the money back to the company is not called compensation as per the professional capacity exception. Thus, it rejected the company’s argument that the sales person was not covered under the F.L.S.A.
There are several critical legal issues of which salespersons should be aware when accepting a draw. It may or may not be a friendly arrangement.
Other arrangements are more complex and provide for the sales representative to maintain a certain level of sales, usually monthly. Such sales quotas are then compared to the draw and the sales representative may have to pay the company back, from future or even past draws, for any shortfall in sales quotas. As such, the monies paid as a draw are not necessarily for the sales person to keep on a permanent basis and there is no future expectation of payment on a continued draw basis, should the sales person fail to maintain the necessary level of sales.
Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)
Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.
Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)
You can appeal the denial through the workers' compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Your permanent disability rating is disputed.
If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.
However, because you work a desk job, you were able to return to work fairly quickly and your ankle healed within a few weeks. In this case, your trip to the doctor would be covered.
Insurance companies often deny—or delay in approving—expensive medical treatments, such as surgery. A lawyer can put pressure on the insurance company to approve necessary medical treatments in a timely manner. Your ability to work has been affected.
Some lawyers will charge by the hour ranging from $150 to $300, or fixed rates based on a per-service model. Either way, it’s a good idea to budget for this cost in the sale of your home.
A purchase agreement is a contract that outlines the conditions of the sale of a home. Once the buyer and seller have agreed to these conditions and apply their signature, this document becomes legally binding.
With any luck, after submitting the offer to buy a house, the first thing you'll hear back from your real estate agent is that the seller is interested in going forward. But that doesn't yet mean you're in contract; that is, mutually bound to complete the sale. It's rare for a seller to accept a buyer's offer as written.
Commonly, a home seller will respond to an offer with a written counteroffer accepting some or most of the terms, but proposing changes to the : price—if the seller wants more money than offered. closing date or occupancy date—if the seller needs more time to move out, or.
A contract is formed only when either the seller or the buyer accepts all of the terms of the latest offer or counteroffer from the other, in writing and with a signature, within the time allowed. Because every offer or counteroffer must include a signature, that basically means that you will have both signed on to the deal when the second party accepts the offer or counteroffer. Your two signatures indicate a mutual agreement and a binding contract.
If the home seller backs out for a reason not covered by the contract contingencies, you can potentially sue for breach of contract and get damages awarded by the court. This might not be worth your effort, however, given that you've unlikely to be awarded the one thing you really wanted, namely, the house.
Because every offer or counteroffer must include a signature, that basically means that you will have both signed on to the deal when the second party accepts the offer or counteroffer. Your two signatures indicate a mutual agreement and a binding contract.
Unless you're in a bidding war with other buyers, or you've submitted an absurdly low offer, it's unlikely that the seller will just say "No." Actually, the seller doesn't have to get back to you at all, but your real estate agents will probably be in contact so that you'll find out the seller's response.
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