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Contracts Ny Real Property LawAttorney_role_in_transactionsHARD

During a New York real estate transaction, the buyer's attorney discovers that the seller's deed contains a restriction that may affect the buyer's intended use of the property. The real estate agent believes the restriction is unenforceable based on a similar case they handled previously. What should the agent do?

Correct Answer

A) Recommend that the buyer's attorney research the enforceability of the restriction

The agent must avoid providing legal opinions about the enforceability of deed restrictions. The appropriate action is to recommend that the buyer's attorney research and provide a legal opinion on the restriction's enforceability, as this is a legal matter requiring professional legal analysis.

Answer Options
A
Recommend that the buyer's attorney research the enforceability of the restriction
B
Provide the buyer with documentation from the previous case to support their opinion
C
Advise the buyer that the restriction is likely unenforceable based on the previous case
D
Contact the previous case's attorney to get a legal opinion for the current buyer

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Related Topics & Key Terms

Key Terms:

deed_restrictionslegal_opinionsenforceabilityunauthorized_practice
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