Contract Issues

Insurable Title and Marketable Title

Every few months I get a call from a realtor or a client asking me to explain the difference between “marketable title” and “insurable title.”  Usually, this comes up in connection with some particular title issue that has either been disclosed by the seller or that our office has found during our title search.  “Marketable [...]


Mirror, Mirror on the Wall…

When negotiating contracts, be mindful of the “mirror image rule.”  The rule can be found in the Restatement (2nd ) of Contracts, §59, which provides: “A reply to an offer which purports to accept it but is conditional on the offeror’s assent to terms additional to or different from those offered is not an acceptance [...]