Hypos for Real Estate Contract Breach

Hypos for Real Estate Contract Breach

<p> Hypos for real estate contract breach 1. Homebuilder sells for principal residence</p><p> a. residence; thatched roof (plastic sheeting/big canvas tent) covered by ashphalt shingles</p><p> i. original buyer</p><p> ii. downstream buyer</p><p> b. Residence; natural gas heating system</p><p> i. 25 years passes</p><p> ii. Everyone has moved to combination of solar panels and fuel cells</p><p> iii. Claim breach of warranty</p><p> iv. Downstream buyer</p><p> c. Residence with “convertible” (retractable canvas roof)</p><p> i. Original buyer</p><p> ii. Downstream buyer</p><p>2. buyer breach</p><p> a. price falls</p><p> i. 800K contract, sell 1 year later for 700K; seller seeks</p><p>1. $100K actual damages</p><p>2. mortgage interest for one year</p><p>3. punitive ds</p><p>4. TV ads, Google ad words</p><p>5. Out of work sister stays there, stipend for 5K per month</p><p>6. offset $80K deposit?</p><p> ii. 800K contract, buyer thinks prices will fall further, they actually go up; sell 1 year later for $1 million</p><p>1. may seller keep $80K deposit? 2. May buyer change her mind for the second time?</p>

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