by Brian Huddleston | Mar 5, 2022 | Legislation & Case Notes
Facts: McCleary filed an application for a variance to allow her to store her recreational vehicle (RV), which she used in her photography business, in her driveway in violation of the Broken Arrow Zoning Code (the “Code”). The RV was registered with the Oklahoma Tax...
by Brian Huddleston | Mar 5, 2022 | Real Estate Law
What is a Force Majeure Clause? Force majeure is defined in Merriam-Webster Dictionary an “event or effect that cannot be reasonably anticipated or controlled.” In the context of a commercial lease, a force majeure clause excuses the performance of an obligation by a...
by Brian Huddleston | Feb 12, 2022 | Legislation & Case Notes, Real Estate Law
Rickard v. Coulimore, 2022 OK 9 (Okla. 2022) In this Residential Property Condition Disclosure Act (RPCDA) case, the Oklahoma Supreme Court holds that residential property sold by the trustees a revocable living trust is entirely exempt from the RPCDA even when the...
by Brian Huddleston | Feb 12, 2022 | Legislation & Case Notes, Real Estate Law
What is the defense of impossibility? The doctrine of impossibility is an affirmative defense that excuses certain breaches of contract. (“Affirmative defense” means a defense raised by the defendant in answering a complaint alleging breach of contract)....
by Brian Huddleston | Jan 15, 2022 | Real Estate Law
If you’re in the market for a house, you may also be thinking about the “right” way to get the house you want for the best price. Most people hire a realtor when they want to list and sell their home, but it’s possible to sell a house without one and avoid the 5-6%...
