Buying and Selling a Home: A Comprehensive Legal Guide from Contract to Closing

51 questions on buying and selling a home, answered and cited by the UpLaw editorial team.

• Are racially restrictive covenants in an old deed still enforceable?
• Can an email or text message create a binding contract to sell a house?
• Does a contract to sell a house have to be in writing?
• Does a home seller have to disclose defects?
• Does a seller have to disclose that someone died in the house?
• Does tenancy by the entirety protect a home from all creditors?
• How can a joint tenancy be destroyed without the other owner knowing?
• How do property tax prorations work at closing?
• How should co-buyers take title to a home?
• If the same property is deeded to two buyers, who wins?
• Is a liquidated damages clause in a home purchase contract always enforceable?
• Is buying a house governed by property law or contract law?
• What are a buyer's remedies if the seller concealed a defect?
• What are a seller's remedies if the buyer breaches?
• What are the different kinds of inspection contingency?
• What are the different theories of seller liability for a defect?
• What are the essential terms of a residential purchase agreement?
• What are the six covenants of title in a warranty deed?
• What are the three forms of listing agreement?
• What damages can a buyer recover if the seller cannot convey clear title?
• What defenses do parties raise in a failed home sale dispute?
• What does an “as-is” clause actually protect a seller from?
• What does a “time is of the essence” clause do?
• What does RESPA prohibit in a real estate closing?
• What does title insurance actually cover?
• What federal disclosures are required when selling a home?
• What happens if the appraisal comes in below the purchase price?
• What happens to the earnest money if the buyer walks away?
• What is a contingency, and what makes one actually protect the buyer?
• What is an HOA super-priority lien?
• What is a title search, and what is a title commitment?
• What is dual agency, and who does my real estate agent actually work for?
• What is earnest money, and who holds it?
• What is marketable title, and how does it differ from insurable title?
• What is Schedule B of a title commitment, and why does it matter so much?
• What is the difference between a warranty deed and a quitclaim deed?
• What is the difference between judicial and nonjudicial foreclosure?
• What is the difference between the promissory note and the mortgage?
• What is the merger doctrine in a real estate closing?
• What is the purpose of the final walk-through?
• What is the TRID three-day Closing Disclosure rule?
• What makes a deed valid?
• What other federal mortgage protections should a homeowner know about?
• What should a buyer do in the weeks after closing?
• What should a financing contingency say?
• What taxes does a seller owe on the sale of a home?
• Who actually runs a residential closing, and does the buyer have a lawyer?
• Who bears the risk if the house burns down before closing?
• Who pays the buyer's real estate agent after the NAR settlement?
• Why can a buyer get specific performance when a seller refuses to close?
• Why does the present-versus-future covenant distinction matter?