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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Preface |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
Time, which enlarges the patrimony of the law, in order to collate and present the many recent important decisions which have greatly enriched the Law of Real Estate Agency, calls for a second edition of this work. These, while not changing the principles, add many interesting phases. In addition, Forms for Listing, Brokerage, and other Contracts are appended.
Aside from the codes and practice in some of the states, a fair uniformity in applying the law exists. On account of the unanimity of the decisions on the questions of the procuring cause of the sale or the finding of a purchaser, such cases have not been incorporated, except where they occurred in states not already represented or presented well defined instances, especially where several brokers contended, and however praiseworthy may have been the unrequited labors of the others who contributed to bring about the result, nevertheless the court or jury, under proper instructions, was required to cut the Gordian knot and award the verdict to the one deemed, taking all the circumstances into thoughtful consideration to be the actual procuring cause of the sale or the finding of a purchaser.
Part V, "Pleadings, Practice and Judicial Instructions and Interpretations," has been very materially strengthened. These illustrations merit careful scrutiny, for many promising actions have been lost and many meritorious defenses have failed to be availed of because of errors of omission or commission.
The aim has been to make this preeminently a book of practice, abounding in illustrative cases, to furnish precedents applicable to the lawyer's as well as the real estate agent's needs. "While not underrating the value of general well-defined principles, the overwhelming importance of clearly reasoned decisions on the particular point involved can not be gainsaid. It takes cases to win cases, and what surpasses the value of forcible decisions wholly or nearly on all-fours with the facts in the case at bar ?
Forms are largely advisory, and' these given will serve as suggestive aids in the preparation of contracts as occasion requires.
Appreciating the generous reception of the first, may we hope that this greatly enlarged second edition may merit even greater approval.
William Slee Walker. Cincinnati, May, 1922.
 
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agent, real estate agency, brokerage, commissions, compensation, contracts, duties, exchanges, exclusive contracts, forms, interpretations, judicial constructions, leases, liabilities of principal, listing, loans, options, contracts, pleadings, practice, law, rights, sales
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