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Messages - starlette

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Hi, what NY bar review is best to prepare for just the NY essay portion and not the MBE (i passed in NJ)?

Pieper? Barbri? PMBR? Barwrite? Please help, thanks! I only need to take the NY state essay portion only for the Bar Exam. I also prefer in-class. Thanks!

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General Board / Re: Contracts - Statute of Frauds?
« on: November 08, 2005, 01:55:37 AM »
Thanks for the help everyone! If possible, can I get some help & explanations on how to answer questions A - E?

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General Board / Contracts - Statute of Frauds?
« on: November 07, 2005, 02:00:45 PM »
Hi everyone, I can't seem to nail all the issues for this practice hypo. It looks like there was consideration, but I'm not sure. I don't know if the parties have a valid agreement under Statute of Frauds. I'm stuck at trying to answer the questions below. Any help would be appreciated. Thanks!



George and Janice Burke want to buy a house in Riverside. Riverside is a sought-after

community and it is extremely difficult to purchase a house there due to the tight market.

On January 15th, they meet John Richards, a local realtor and real-estate lawyer, who

explains to them that he will help them “for as long as it takes” to find and purchase a

house that they like. He explains that he would be their agent and have a fiduciary duty

to them. All they have to do is agree not to work with another agent in their house search

in Riverside and to pay him 6% of the purchase price of the house. They orally agree and

shake on it.

Richards begins combing through listings and visits many potential homes, bringing the

Burkes to the ones he thinks are the most promising. He knows that, although the Burkes

are anxious to buy in Riverside, they would not be able to close a deal on a new house

before June 1. After two weeks of searching, on February 1 he brings them to a house on

Bay Street being sold by the Smiths. The Burkes love the house.

Richards enters into negotiations with the Smiths, who are not being represented by a

realtor or a lawyer. He correctly explains to them that, as is standard in real estate

transactions, if they choose to sell the house to the Burkes, while they would sign a

contract, the closing of the transaction would be at a later date.

Sandra Smith asks Richards when the Burkes would be able to close because the Smiths

want to close as soon as possible and no later than April.

“I don’t think that would be a problem,” Richards replies.

The Burkes and the Smiths agree on a price, Richards draws up a contract, and on

February 15th gives it to both parties and says, “Although no-one always gets everything

they want, I think you’ll both be happy with this deal. You can sign on the last page.”

He notes that conditions to closing include (a) the Smiths having an opportunity to

review the financial records of the Burkes to assure them that the Burkes will be able to

pay the full purchase price and (b) the Burkes depositing 10% of the purchase price in an

escrow account by February 19th. The Burkes are not worried because they know that

have an excellent credit rating and have enough money in the bank.

The contract further states that a party may terminate the contract without penalty

between the signing and closing if a condition to the closing is not met at the time of

closing, if the other party breaches the contract, or where a court would normally refuse

party.

The contract also contains the following clause:

The parties agree to provide to each other the required information and undertake

the required responsibilities in good faith to ensure a timely closing of this

transaction.

Both the Smiths and the Burkes immediately sign without reading the contract.

The next day, February 16th, Sandra Smith calls Richards in a fury. The contract states

that the closing would be on June 1. She refuses to close on that date and demands the

date on the contract be changed.

“This is the contract that you willingly signed,” says Richards.

Smith hangs up.

Richards does not notify the Burkes, on the assumption that the Smiths will calm down.

On February 18th, the Burkes send an e-mail to the Smiths, which the Smiths receive and

read on that day, stating that the full deposit will be in the escrow account on the

afternoon on the 20th due to bureaucratic delays at the Burkes’ bank. The Smiths do not

reply to the Burkes.

On the morning of February 20th, Sandra Smith calls Richards and says, “My husband

and I have reviewed the financial records of your clients and, especially given the fact

that they have not yet deposited the full down payment we think we would need to

terminate this contract.”

“Is there anything we can do to avoid termination of the contract?” Richards asks.

“Complete the deposit by the end of the day and change the closing date to April 1st,”

Smith replies.

Richards does not tell the Burkes about the phone call.

Later that day, Janice Burke calls Richards to let him know that the down payment was

deposited in the escrow account.

“Excellent,” he says. “By the way, we will need to keep some flexibility on the closing

date to keep the Smiths happy.”

“Sure, they were flexible about letting us put in the deposit a little late, we can be flexible

about the closing date,” she replies. They hang up.

Richards then changes the contract to reflect an April 1 closing date and he initials it on

behalf of his clients and sends it to the Smiths and the Burkes.

Upon noting the change the Burkes are furious. They refuse to close on April 1st. The

deal falls through. They find another realtor to help them in their search and tell Richards

they do not want to see him again.

Assuming that this case does NOT occur in New York State, please answer the

following:

a. Are there any Statute of Frauds issues between the Burkes and Richards?

Why or why not?

b. Could the Burkes have terminated the contract without penalty on June

16th? Why or why not?

c. Do the Smiths have any causes of action against the Burkes? What are their

strengths and weaknesses, what are the possible defenses, and what damages

would a court likely assign? Who should win each claim? If there is no cause

of action, explain why not.

d. Do the Burkes have any causes of action against Richards? What are their

strengths and weaknesses, what are the possible defenses, and what damages

would a court likely assign? Who should win each claim? If there is no cause

of action, explain why not.

e. Does Richards have any causes of action against the Burkes? What are their

strengths and weaknesses, what are the possible defenses, and what damages

would a court likely assign? Who should win each claim? If there is no cause

of action, explain why not.

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General Board / Property Hypo - please help!
« on: November 04, 2005, 08:39:31 PM »
Hi everyone, I am stuck working on this hypo. It seems like T has the best rights since she was the original owner of the ring. But I am not sure how to answer the questions here. Thanks in advance!

HYPO: Y is presently in possession of a ring he found on the window ledge of his new house he just purchased. Y has come to you for help and he wants to know what the law is and would like to keep the ring if he has legitimate right to it.

A newspaper article discussed the finding of the ring. Shortly thereafter, 3 other claims were made for the ring.
1st claim was made by T, who claims ring had been in her family for 100 yrs when, in 1960, T sent it to Jewelers, Inc. for cleaning. When T went to pick it up, the jeweler had moved out of premises and ceased business. Former owners of Jewelers,  Inc. could not be located. T reported the missing ring to police but it was never found.
 
2nd claim was from Museum, which stated it had purchased ring from Jewelers, Inc. in 1960 and was placed in their collection, but disappeared in 1976. Museum did not report theft to police.
 
3rd claim by B, broker for the former owner in the sale of property to Y. B claimed she purchased ring at flea market in late 1970's. She claims she had placed the ring on the ledge and had forgotten it.
 
In NY law, what is the basis for the claims of each and what is the order of priority among them? If there are alternative arguments, what order of priority is under each alternative? What potential liability do the claimants and any other party have?

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St. John's U Law School / ST. JOHN'S PART TIME EVENING PROGRAM
« on: August 12, 2005, 07:31:49 PM »
Hi everyone, I am in dire need of advice. Should I attend part time at St. John's University or full-time NYLS? I don't plan on working in the day time if I attend part-time. Does anyone know if you need to maintain a certain GPA to transfer into full-time status at St. John's? Any advice or feedback will be greatly appreciated. Thanks!

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General Board / SETON HALL or NYLS???
« on: August 09, 2005, 09:48:05 PM »
Hi everyone, I am new to LSD and need all the help I can get. I am in a predicament. I just got accepted to NYLS for full-time and to Seton Hall for part-time. I don't know which one to attend. I live in Queens. Seton Hall is in NJ but ranks higher than NYLS. NYLS, on the other hand, is in smack middle of Manhattan (which can be an advantage). However, it is in the 3rd tier. I've heard that graduates of NYLS only make around 60k as starting salary and with that, it would take forever for me to clear my debt. If anyone has any advice or feedback, I would greatly appreciate it! Thanks!

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General Board / Re: Hofstra or NYLS for NYC law?
« on: August 09, 2005, 02:00:53 PM »
hey nellabella, did u get in st. john's? or did they not take you off the waitlist yet?

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