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Contracts 101: An Introduction to Common Contract Principals


contractsWhen buying a condo or, realistically, almost any other large financial purchase, you can count on the fact that at least one (if not several) contracts will be involved in the process. However, many people may not know what a contract actually is.

Even if you do know what constitutes the basic elements of a contract, it helps to have a working knowledge of the legal terminology that is typically associated with general contracts in order to fully understand their rudimentary function. And while condo owners and those who maintain rental lease agreements may have more experience with contracts than those who don’t, contracts are nonetheless very much a part of every day life for most people (think: contracts with your cell phone company or signing a credit card slip after making a small purchase). What follows is intended to serve as an introduction to contract principals and, hopefully, provide some helpful information to individuals who want to know a little more about basic contract law.

What is a contract?

It's a deal.At its fundamental core, a contract is a legally binding agreement between two parties where a valid offer made by one party is accepted by the other, which is indicated by some mutual exchange of value. Under common contract law, this mutual exchange of value is called "consideration", which must be reasonably relied upon by both parties who agree to contract. Therefore, the three most fundamental elements of all legally valid contracts are offer, acceptance, and consideration.

What types of contracts are there?

There are a variety of legally viable contracts under current common law standards, not all of which must necessarily be in writing. A contract can be written, oral, or implied depending on the parties' actions at the time of the original contract formation. For example, a written document that claims to be a contract is often no more than evidence of the details of the contract, and not the contract itself. A valid contract offer must indicate a desire to enter into a contract (and thereby invite acceptance); should indicate a time period for acceptance; and must reasonably indicate that upon acceptance the contract will form without further approval from offeror. Here, it is the traditional practice in most situations to determine the details to which both parties agree and to transcribe the specifications into writing. This is particularly important if either party wishes to modify the contract at a later time.

In addition, signing a written document is not necessarily an act of acceptance that therefore creates a contract. If the parties have already reached an agreement the written document and signatures may be introduced to the courts as parole evidence of an already existing agreement, but may not determine the validity of the contract on its own. If, for example, the court determines that the original offer was in fact rejected or, if there was a counteroffer which was accepted but without any new consideration, the written and signed contract may prove not to be a contract at all.

Alternatively, if there is nothing in writing or if parts of a written contract are missing, a court may hold that there was an implied contract that existed between the parties and in this instance, a list of the complete terms is not always required. In real estate transactions, for example, an incomplete description of a property may still validate the terms of the contract where the intent of the parties would be used to clarify the specific obligations or missing information that was otherwise implied. On the other hand, to be enforceable, a property sales contract must be written in some form (even if it is incomplete) and oral agreements to sell real estate are not legally binding. In real property contracts, the contract must identify the buyer, the seller and the property itself, even if some details are omitted. Lastly, a real estate contract must establish a purchase price and the terms of the sale in order to validate the agreement.

Finally, a contract can be either unilateral or bilateral in nature. A unilateral contract is a promise for an act where acceptance of the offer is synonymous with the performance of the act and thus, a contract is only created when the act itself is done. Until then, the offeror reserves the right to withdraw the offer. For example, if I offer to pay you $20.00 to jump into the mud, you can either accept my offer by jumping into the mud and I would owe you $20.00 or, if I decide that I would rather keep the money, I can choose to withdrawal my offer so long as you have yet to jump in.

A bilateral contract, in contrast, is a promise for a promise where, as soon as promises are exchanged, both parties are instantly bound by each promise respectively. The vast majority of contracts are bilateral. Here, if I promise to give you $20.00 and you promise to jump into the mud, the contract is accepted by this exchange of promises and not by the performance of the promises themselves.  

So...what did we learn?

While there are many, many other legal constructs that are fundamental to basic contract law (all of which are best left to a legal or other certified professional who can advise you of your rights and responsibilities), the golden principals of all contract law include an offer, acceptance, and some consideration that can be reasonably relied upon by both parties in order to make the contract legally enforceable. While there are different kinds of contracts which include oral, written and implied contracts, all jurisdictions within the United States require that certain kinds of contracts, such as those involving real estate transactions, must be in writing and, in such cases, must identify the buyer, the seller, and the property itself, as well as the purchase price for the property.

Lastly, a contract can be either unilateral or bilateral and knowing the distinction between the two outlines the liability and responsibility that each party may or may not assume. One of the many benefits of living in a free market is that anyone who is legally competent to contract (save for juveniles and those who are legally defined as mentally incompetent) has the right to do so. This is a powerful right and one which must be used responsibly and knowledgeably. The more you know about these kinds of the contractual agreements, the more prepared you will be to make educated decisions when, and if, you decide to sign on the dotted line.



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The Jolly Green Condo?


We can all agree that there are two things we all want: a little more money and a little better environment. With that in mind many communities, especially condominium complexes, are working harder than ever to--- literally--- make money grow on trees.

Better than a hybrid ...

Mother EarthA mass study of recent recycling and envori-friendly residential communities found that people who move into compact areas have a lower carbon footprint than folks living in outlying areas. The study refers to metropolitan residents as “green living" because folks who walk to the metro, to shops and to work have a much reduced impact on the environment. Common sense tells us that condo residents in compact areas will use less fossil fuels than outliers who buy even the most efficient hybrid vehicles.

Market research and personal experience indicates that the majority of future housing demand will be found in houses, townhouses and condos where jobs and activities are close by. People need and want homes where public transportation is easily accessible. Simply by living in highly compact neighborhoods such as Rosslyn, Courthouse, and Clarendon residents contribute greatly to the cause of protecting our natural environment through reduced fossil fuel emissions. .That's right, even in extremely urban areas such as metropolitan Northern Virginia, you can do your part to keep our environment clean and green.

Recycle!

recycle!In Arlington, Virginia local ordinances require condominium properties and business to recycle. The goals of the Arlington County are basic but important and their aim is to:

  • Make it easy in Arlington to recycle at home, work and play.
  • Reduce waste and greenhouse gas emissions.
  • Exceed Virginia's mandatory recycling rate.

Outside of Arlington, it's rare to find condominium communities in Northern Virginia that don't offer recycle bins. The economic benefits of recycling programs within a condominium community can really help our environment and our bottom line. Recycling:

Arlington County recycles
  • Keeps condo fees down;
  • Reduces trash disposal;
  • Rebates some trash fees to those who haul the recycled material;
  • Reduces manufacturing costs;
  • Fuels the U.S. economy --- both jobs and sales are created by recycling.

Want to help our environment? Get involved.

So for all you concerned condo owners who would like to get involved and make a difference in your community, here some basic information for residents of condos regarding what you can do right now:

  • Get involved and begin by telling others who live in your condo or any multi-family property how easy it is to set up recycling systems for newspapers, glass bottles and jars, and metal food and beverage containers. Knowledge is power!
  • When preparing materials for recycling, residents should follow property manager instructions or use a guide such as the one available on the Arlington county website.
  • Establish and maintain a recycling program for residents to recycle and reuse all required recyclable materials. Here, the recycling collection system must be separate from trash/ refuse collection. Properties are encouraged to include additional recyclable materials such as plastic bottles and jugs, magazines, mixed paper, and corrugated cardboard.

By demonstrating environmental leadership you can publicly show your commitment to the environment by raising the recycling bar to your condo communities' recyclable goods facility by adding mixed paper, cardboard, and yard waste to your recycling program. Your personal conviction to save to environment will increase community interest in recycling participation and because going green is the new black, you don't even have to be a tree-hugging hippie to make both your social status and the planet a little cleaner.

If you're looking for a green condo in Northern Virginia, some new developments like 900 N. Washington have a environmental conscience. Contact me for details.



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The Young Professionals Survival Guide to Condo Ownership and Growing-Up


Although there are numerous benefits to owning a condo which include the lifestyle that such ownership entails; individuals living as single, young professionals who are just starting out, are arguably the most notable beneficiaries. The economic benefits that condo ownership provides for this particular demographic are two-fold. First, owning a condo is certainly less expensive than owning residential property insofar as the material upkeep and residual costs that homeownership necessitates. Second, most contemporary condo buildings offer a host of wide-ranging amenities that would command a considerable cost to an individual homeowner but which can be enjoyed instead at a significantly reduced rate to condo-owners who share jointly in the overall expense. These otherwise high-priced features and amenities usually include guarded and/or private, enclosed parking; 24-hour security and front desk staff; indoor and outdoor swimming pools; clubhouses; gated recreational facilities; etc., etc. (the list goes on and on!!). To that extent, condo ownership is therefore an ideal middle ground for the single, young professional who may very well aspire towards homeownership someday but who still remains a far cry away from white picket fences, two-car garages and 2.5 children.

In addition to the economically sound benefits that condo ownership provides, there are other elemental and lifestyle benefits that are associated with condominium ownership as well. Today, there are as many types of condominiums out there as there are types of people. Plainly put, the condominium marketplace has progressed with such rapidity that the variety and availability of choice in condo options is as original and unique as individual homes. Thusly, each type can satisfy the different needs of different individuals and therefore enhance and accommodate every kind of lifestyle. For example, there are distinctions between what are popularly thought of as 'condominium apartments' versus those that are known as 'condominium townhouses', which might have small differences from one another save for their structure regulations. There are also condominiums known as freeholds whereby a condo owner owns the plot of land as well as any structure on the land such as a house or townhouse.

Finally, for single or young professionals who are still growing into their grownup-ness, condo ownership signifies an increase in responsibility and a commitment to ownership. To be clear, condo living isn't like renting a single dwelling home or apartment and this is due to the dual nature that comes with owning any condo unit. Condominium owners hold ownership over their respective units but, additionally, each owner is also responsible for the operating costs and maintenance of the all of the shared elements on the property such as lobbies, passageways, and elevators. Here, owning a condo is effectively choosing to live within a community of other condo unit owners and thus, your neighbors. Each condominium complex is a unique community and each owner accepts the rules and regulations that are equally unique to condo living.

In a condominium complex, you also become part of a distinctive community where you as an individual become an integral part in the community as a whole; and this includes being an essential part of the decision making process. However, the advantages that come with shared communal facilities like the pool, clubhouse, and state-of-the-art gym are collectively a strong incentive to watch your neighbors' back.

In summation, owning a condo can provide both economically sensible and personally enjoyable benefits to any owner looking to buy but especially for individuals who are single, working and fairly young professionals who are new to the game but ready for more. In addition, because of the multiplicity and vast assortment of condominium units and styles that are available, condo ownership includes something for everyone. Lastly, although buying a condo certainly signifies a new level of maturation and grownup responsibility; the advantages to living in a shared community and to be able to engage as an honest and responsible neighbor will hopefully serve you both by keeping your pocketbook and your sense of self a little more full.



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amenities, condo buying, condo comments, condo ownership, Condominium Communities, Featured, general, new condos, renting a condo

Single Women, Condo Living and Everything In-Between


Recent studies suggest that single women currently make up approximately 47 percent of the condominium buying market in the United States. The reason is pretty obvious, if you think about it. Condominiums are an increasingly popularly housing choice for single women because of the various benefits that condos offer including convenience, security, and often virtually maintenance-free living.    

For starters, security matters. For single women living alone in large, urban areas, one of the many benefits of living in a condominium are 24-hour concierge and security desks, video and security cameras in hallways and stairwells, and gated or enclosed parking areas. So if you're thinking about buying a condo, carefully consider first the kinds of security features and amenities that are available in the unit; very often peace of mind is worth its weight in condo fees. Additionally, it's important to know your potential new neighborhood. Condominiums tend to be located in urban areas where there are other young, working professionals as well as families. Make sure you know your neighborhood inside and out before you make an offer on a condominium and check the local county website for crime rates, local community news, and other annual statistics and reports.

Next, convenience is the key. Another factor that is crucially important when considering buying a condo if you are living as a single professional woman. In many condominium communities and developments there are office personnel to receive packages as well as other day-to-day business services such as dry cleaning, tailoring, and spa and fitness facilities. Some of the larger condominium developments also feature even more advanced amenities such as a grocers, bank branches and ATM's, and many other services that make a single working woman's life just a little easier.

Finally, consider maintenance in relation to time and money. Many single family homes require lengthy, time consuming and ongoing maintenance such as painting every three to five years, worrying about pipes freezing during the winter or getting the rain gutters cleaned. While it's true that you as a condo owner must be financially responsible for the upkeep and maintenance of your condo's common area, typically condo associations oversee the day-to-day management of the property itself. What does this mean for the busy single woman? Well, if the doors stick and the roof springs a leak, you can bet that your sassy self won't be called upon to find someone to fix it. But be sure to check your condo buildings' rules and regulations first. Most condo associations have a list of rules and regulations that you will have to agree to before you purchase a unit in the building. These rules may limit the number and weight of pets; how many visitors you can have at a time including how often and for how long; if you can rent out your unit; and when you can have work done in your unit. Ask the listing broker for the complete set of building rules and regulations.

Before you make an offer on a condo you want to be sure to consider what matters to you most as a busy single woman and those major concerns include safety and security, convenience and location, and matters of maintenance compared to other home ownerships costs. Happy Hunting Miss Independent!



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buying tips, condo comments, City of Fairfax

Purchasing a home near the highway?


Four Winds of Oakton

In an area crisscrossed with high volume commuter routes and heavily-trafficked Interstates, it's inevitable that some folks are going to live in close proximity to a highway. It's great to be near the Beltway or Route 66 because this can take a serious bite out of your commute. But the downside is that the highways can generate a lot of noise. In most areas, there are towering concrete walls to dampen sound in the neighborhoods in close proximity to the Beltway, I-66, I-395 and other highways.

In the picture above the wall has been taken down as work crews expand the road. Once the expansion is completed, they'll reassemble the wall. There's not much you can do about construction, but once the wall is back up, the neighborhood should be relatively quiet. In the homes and condos closest to the walls, I find that the noise sounds a bit like a waterfall---a wooshing white noise that is not particularly offensive. The noise is perhaps worst near an exit. Exit ramps create noise because every so often a trucker exiting the highway will use his "jakebrake". That is to say, the truck will gear down and emit a loud, low growling noise not unlike a Harley Davidson's loud pipes.

Here's a thought to consider if you are purchasing a condominium near the highway. In my travels I've found that the condos at the ground floor are much quieter. This is because the condos on the top floor are often just above the sound-break and therefore get the full brunt of the highway noise. Some folks like the noise ... it sounds like busy and they like being in the city. Some folks can't stand the noise and find out the hard way ... after they've purchased ... that they could have gotten a first or second floor unit.

 


Will Nesbitt About the Author --- Will Nesbitt is the principal broker of Condo 1 Alexandria and Will Nesbitt Realty. Will specializes in condos, townhouses and single family residences in Alexandria, Arlington, Fairfax County, Crystal City, and Kingstowne. Will resides in Belle Haven Estates just outside Alexandria VA in Fairfax County.


Sponsored by Condo 1 Alexandria / Will Nesbitt Realty LLC


Serving real estate needs of Northern VA · in Alexandria · in Arlington · in Fairfax County ·


Ben Fornshell, buying a home, condo comments

Comparing condos and townhouses to single family homes?


The answer depends upon what you want.  Aside from the obvious differences of having more green space with most single family homes, such as those in Belle View versus the tighter nit community potential in a hi-rise condominium or town-houses there are other, harder to see, but no less profound differences.

Single Family Home Benefits

  • Absence of monthly homeowners or condo fees
  • Less stringent rules and regulations
  • No homeowners or condo association that can impose restrictions without your consent
  • Fewer parking restrictions and fees

Condo and Town House Benefits

  1. No need to save money to cover what condo fees will cover:
    1. Roof repairs/replacement
    2. Common area repairs
    3. Yard Maintenance
    4. Maintenance, paving, and plowing of the driveway, sidewalks, and curbs.
    5. Siding and gutter maintenance or repair
  2. Some have controlled access
  3. On site community amenities from club rooms to pools and exercise rooms
  4. Many have improved public transit service, shuttles to metro service, etc

 


Ben Fornshell About the Author ---  Ben Fornshell is a licensed real estate agent with Condo 1 Alexandria.  To learn more about available rentals and purchases in the area check out our free search.

 

 



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Serving real estate needs of Northern VA · in Alexandria · in Arlington · in Fairfax County ·


condo buying, condo comments, general

Why buying a condo is not like buying a house.


Some folks like to imagine that buying a condo is like buying a house without yard work. In some ways this is true, but it many ways it does not tell the full story. There are real differences between buying a condo, whether you are a first time buyer seeking affordability, or if you are a long-time homeowner down-sizing. 

Legal

Consider the legal limitations of condominium ownership. For example, the title of a single family home provides to the owner near total control of any legal use of the property. That means total control of the landscaping, the colors of the house and the types of windows and doors you have.

But condos are titled differently.  The governing documents in a condominium complex describe common areas and shared resources. The common area and shared portions of the property are controlled by a---sometimes burdensome---democratic apparatus of owners in the complex. The association might restrict the color you can paint your door. It is not uncommon for the association to decide what plants are planted and what types of windows you may install.

On the other hand, some homeowners associations make similar restrictions. A cynic might note that a homeowner does not have control over the street or "common area" that is controlled by the county. In a real sense we all have an association with the community at large. It's just a matter of where the community starts and what responsibilities we cede to the community.

In a single family home, community control begins at the curb, but in a condo, community control begins somewhere just beyond the paint on your walls.

Lifestyle

Because the community has shared elements, condo owners don't just have neighbors. Instead, condominium owners actually live next door to their investment partners. Condominiums force a relationship with your neighbors that goes beyond what the owner of a single family home might find. If your neighbor ruins the carpet outside his door, he ruins your carpet too.  

Life is simpler in a condominium: you don't need to worry about maintenance. Many times some or all of the utilities are managed by the association.  Often the building insurance is managed by the condo association.  Freedom from responsibility means less control and less choices about the community: but do you really care who cleans the gutters?  Do you really want to spend your life picking the insurance company?  If not then, a condo might be for you.

Condo Benefits

Condos are a lifestyle choice. In Northern Virginia, where prices are high and choices are limited, condo ownership makes a lot of sense. However, condo ownership has unique challenges and aspects that you should fully understand before buying. 

If you choose a condo specialist like us, you'll know that we have answers to important questions.


Will Nesbitt About the Author --- Will Nesbitt is the principal broker of Condo 1 Alexandria and Will Nesbitt Realty. Will specializes in condos, townhouses and single family residences in Alexandria, Arlington, Fairfax County, Crystal City, and Kingstowne. Will resides in Belle Haven Estates just outside Alexandria VA in Fairfax County.


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condo comments, condo ownership, garden-style, Surrey, Sycamores at Van Dorn

How the stairs in your condo can save you money


The Sycamores at Van Dorn offers garden-style condos in close proximity to the metro. The setting is quiet and pleasant despite being remarkably close to the Beltway.

Like many of the garden-style condos built in Northern Virginia area after about 1990, the Sycamores has a breezeway with broad wooden stairs in the common area. This design greatly reduces condo fees for several reasons. Firstly and mostly, maintaining and operating a safe elevator can be a big part of your condo fee especially in a smaller community. Older condos with stairs on the outside of the structure need more maintenance than stairs in a roof. The breezeway at the Sycamores is the best option for keeping condo fees low because there is no carpeting to maintain on the stairs and there is no bill to heat and cool the common areas.

 


Will Nesbitt About the Author --- Will Nesbitt is the principal broker of Condo 1 Alexandria and Will Nesbitt Realty. Will specializes in condos, townhouses and single family residences in Alexandria, Arlington, Fairfax County, Crystal City, and Kingstowne. Will resides in Belle Haven Estates just outside Alexandria VA in Fairfax County.

 



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Serving real estate needs of Northern VA · in Alexandria · in Arlington · in Fairfax County ·


Atrium, condo comments, Condominium Communities, Eton Square, garden-style, general, Manchester Lakes, Sycamores at Van Dorn, The Fountains, Tiers of Manchester

Bilevel condominiums --- lofts and townhouse style lay-outs


For some people one of the benefits of condo living is that everything is on one level. Many there are no stairs inside the unit of some condominiums. For those in wheelchairs, for the elderly, or for those who just like life without stairs, this is a big advantage. But for some people, life on one level is just not enough.

Lofts and bilevel condominiums offer condo-style living, but doesn't limit life to just one level. One of my favorite examples of this is found in the top floor units at the Tiers of Manchester.

chalet-style condominium in Northern VA

The Tiers are "swiss-style" condominiums. Their roof lines echo the high-pitched roofs favored in Alpine cottages. In Switzerland these roof provide the pitch needed to get excess snow off the roof. But in Manchester Lakes, these roofs provide opportunities for dramatic overlooks in the condo itself.

loft at the Tiers

The pitch of the roof allows for high angled ceilings and the placement of a loft over-looking the living area.

It's difficult in a photograph to show how this brings a real feeling of spaciousness to the condo. The lofts here also provide bonus space for storage and closets under the eaves of the roof. The loft is easily accessed by way of a spiral staircase that only adds to the dramatic feel of these condos.

In Kingstowne has a good many condominiums with lofts and the Tiers of Manchester and Eton Square are just two of my favorites. To check pricing and availability on these go to Tiers or Eton Square.

fireplace at the Sycamores of Van Dorn

Lofts are dramatic and very appealing but they aren't for everyone. Another alternative in you're looking for a multi-level condo is the townhouse style layout found at the Sycamores at Van Dorn.

The Sycamores is one of many garden-style condos in this area that offer townhouse-style floorplans in a garden-style condo. This give you all the benefits of condo life (low maintenance, amenities) with the homey feel of a townhouse. In condos such as these, the bedrooms are upstairs but the kitchen and living room are downstairs. In some condos like the Sycamores and Old Town Village, most or all units have a townhouse style unit. In other condos, such as Eton Square in Kingstowne or Worldgate near Reston, on the the top floor units have the townhouse-style unit.

But there is yet one more way to get a multi-floor condo.

The Fountains of Alexandria

Some high-rises offer units with multiple floors. For example the Fountains in the West End of Alexandria VA, have units that occupy two floors. The Fountains is also one of the most affordable condominiums in Northern Virginia and features a convenient location that is easily accessible via I-395 or public transportation. The Atrium in Arlington VA is a high-end condominium in Rosslyn that has dramatic two-level units with two-story windows.

There are plenty of choices these days. Contact us to find a property that will fit your tastes, budget, commute!

 


Will Nesbitt About the Author --- Will Nesbitt is the principal broker of Condo 1 Alexandria and Will Nesbitt Realty. Will specializes in condos, townhouses and single family residences in Alexandria, Arlington, Fairfax County, Crystal City, and Kingstowne. Will resides in Belle Haven Estates just outside Alexandria VA in Fairfax County.

 



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Serving real estate needs of Northern VA · in Alexandria · in Arlington · in Fairfax County ·


Ben Fornshell, condo comments, condo selling, general

Do I really need a comparative market analysis?


http://www.condo1mortgage.com/One of the greatest skills that a Realtor can bring to the table for you is a knowledge of property values across a wide range of areas.  For a seller or landlord, this means you strike the right balance between getting the most value from your home and selling or renting it in a time frame that allows you to either move or capitalize on your investment.

Simply looking at a neighbor's property and assessing yours based on their sale is fraught with dangers.  Realtors factor in not only differences in construction, floor plans, and location, but also have their finger on the pulse of the market.  The same stands true equally well for buyers and renters.  As a buyer looking for a bargain is key, but setting standards to high for a price range can result in wasted time, or worse yet buying an apparent steal in an area that is an investment nightmare.  Renting places you in similar straights.  Year long leases can be just as binding as buying a new home, forcing you to suffer through details that a trained Realtor will notice in your new home.



Ben Fornshell About the Author ---  Ben Fornshell is a licensed real estate agent with Will Nesbitt Realty at Condo 1 Alexandria.  To learn more about available rentals and purchases in the area check out our free search.

 



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Serving real estate needs of Northern VA · in Alexandria · in Arlington · in Fairfax County ·