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Pages:
2 pages/≈550 words
Sources:
3
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
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Topic:

Home Appraisal: Ethics Brief

Essay Instructions:
Competency Analyze laws and ethics to solve business problems. Student Success Criteria View the grading rubric for this deliverable by selecting the “This item is graded with a rubric” link, which is located in the Details & Information page. Scenario You work for a U.S. based company that does home appraisals. While conducting an inspection on a home, you know the home has been contracted to sell for $50,000.00. You conclude that the home can appraise for $80,000.00. You also know that your sister has been looking for a home in this desirable neighborhood, but most homes are well over six figures. You mention to the owner that your sister would be happy to pay $60,000.00 for the home and it would certainly appraise for that. You wink as you walk out the door, after handing the owner your card with your contact information. The owner calls you and says she would accept if your sister made an offer. Instructions Review the situation and conduct scholarly research on contract law. Write a brief in Microsoft Word (minimum two pages) that analyzes the legal and ethical issues involved in the business situation. Specifically, describe the legal theory of a claim, appropriate court level, classification of law, and likely ethical issues that exist. Address the following: What are the elements for a valid contract involving a real estate transaction? Do your comments to the owner constitute a valid contract? why or why not? If the initial buyer wants to sue the homeowner for breach of contract, what court(s) would have jurisdiction and why? If the initial buyer wants to sue you for intentional interference with contractual relations, what court(s) would have jurisdiction and why? Could the initial buyer sue your company? Why or why not? What ethical issues are involved in this situation (consider any personal conflicts of interest and any professional obligations you owe to your company)? Be sure the brief displays proper grammar, spelling,punctuation, sentence structure, and references and brief in APA format. Rubric Criterion 1 0% of total grade A - 4 - Mastery Comprehensively assessed the elements for a valid contract involving a real estate transaction, including the validation of verbal comments to another party in a well-defined brief. 0 B - 3 - Proficiency Clearly assessed the elements for a valid contract involving a real estate transaction, including the validation of verbal comments to another party. 0 C - 2 - Competence Adequately assessed the elements for a valid contract involving a real estate transaction, including the validation of verbal comments to another party. 0 F - 1 - No Pass Used unclear verbiage about the elements for a valid contract involving a real estate transaction, including the validation of verbal comments to another party. 0 I - 0 - Not Submitted Not Submitted 0 Criterion 2 0% of total grade A - 4 - Mastery Comprehensively explained the jurisdiction for a breach of contract lawsuit by the initial buyer suing the homeowner in a well-defined brief. 0 B - 3 - Proficiency Clearly explained the jurisdiction for a breach of contract lawsuit by the initial buyer suing the homeowner. 0 C - 2 - Competence Adequately explained the jurisdiction for a breach of contract lawsuit by the initial buyer suing the homeowner. 0 F - 1 - No Pass Used unclear verbiage about the jurisdiction for a breach of contract lawsuit by the initial buyer suing the homeowner. 0 I - 0 - Not Submitted Not Submitted 0 Criterion 3 0% of total grade A - 4 - Mastery Comprehensively explained the jurisdiction for an intentional interference with contractual relations lawsuit by the initial buyer suing the appraiser, including an explanation if the buyer can sue the company, in a well-defined brief. 0 B - 3 - Proficiency Clearly explained the jurisdiction for an intentional interference with contractual relations lawsuit by the initial buyer suing the appraiser, including an explanation if the buyer can sue the company. 0 C - 2 - Competence Adequately explained the jurisdiction for an intentional interference with contractual relations lawsuit by the initial buyer suing the appraiser, including an explanation if the buyer can sue the company. 0 F - 1 - No Pass Used unclear verbiage about the jurisdiction for an intentional interference with contractual relations lawsuit by the initial buyer suing the appraiser, including an explanation if the buyer can sue the company. 0 I - 0 - Not Submitted Not Submitted 0 Criterion 4 0% of total grade A - 4 - Mastery Comprehensively determined the ethical issues involved in this situation (consider personal conflicts of interest and professional obligations owed to the company) in a well-defined brief. 0 B - 3 - Proficiency Clearly determined the ethical issues involved in this situation (consider personal conflicts of interest and professional obligations owed to the company). 0 C - 2 - Competence Adequately determined the ethical issues involved in this situation (consider personal conflicts of interest and professional obligations owed to the company). 0 F - 1 - No Pass Used unclear verbiage about the ethical issues involved in this situation (consider personal conflicts of interest and professional obligations owed to the company). 0 I - 0 - Not Submitted Not Submitted 0 Criterion 5 0% of total grade A - 4 - Mastery Brief has proper APA formatting, citations, professional tone, fewer than 2 grammar/spelling errors. 0 B - 3 - Proficiency Brief has proper APA formatting, citations, professional tone, 3-5 grammar/spelling errors 0 C - 2 - Competence Brief has proper APA formatting, citations, professional tone, more than 5 grammar/spelling errors. 0 F - 1 - No Pass Brief lacked proper APA formatting, citations, unprofessional tone, and/or over 7 grammar/spelling errors. 0 I - 0 - Not Submitted Not Submitted 0
Essay Sample Content Preview:
Home Appraisal: Ethics Brief Student’s Name Institution Course Tutor Date Elements of a Valid Real Estate Contract A valid real estate contract requires several key elements: offer, acceptance, consideration, legal capacity, and lawful purpose. The offer must be a clear proposal to agree to, including specific terms such as property description and price. Acceptance occurs when the other party agrees to the offer's terms without modifications. Consideration involves value exchanged by both parties, typically money for property. Legal capacity requires that both parties are of sound mind and legal age. Finally, the contract must have a lawful purpose and not violate any laws (Ironclad, 2023). Validity of Verbal Comments as a Contract My comments to the homeowner do not constitute a valid contract. While an offer was implied, it lacked specificity and was not made by the potential buyer (my sister). Additionally, there was no formal acceptance or exchange of consideration. Verbal agreements can sometimes be binding in real estate, but they generally need to be followed by written documentation to be enforceable (Adam, 2023). In this case, my comments were more suggestive than contractual. Jurisdiction for Breach of Contract Lawsuit If the first buyer wishes to prosecute the owner for breach of contract, the appropriate court would be the state court where the property is located. Real estate matters typically fall under state jurisdiction (Los Angeles Criminal Defense Attorney, 2021). Depending on the amount in dispute, the case might be heard in a lower court (such as a county or district court) or a higher court (such as a circuit court). If the amount exceeds the lower court's limit, it would be...
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