Episode Details

Contract Loopholes

Button up those contracts, y'all. (Katy's chickens are all buttoned up, so you can be too.)

This episode came out of a conversation with a title attorney who pointed out that most of what people call "loopholes" are actually fraud. True loopholes — ambiguities or inadequacies in a contract that create a legal out — are rarer than you think, and usually exist because someone left a blank unfilled or a deadline unmet. That's the episode.

Katy and Alissa gathered listener stories from around the country, shared their own, and used every single one as a reminder to read your contract, fill in your blanks, and know what you're locking your clients into.

Here's what we cover in this episode:

- The difference between a loophole and fraud (buying a car the day before closing is fraud, not a loophole — and advising your buyer to do it is even worse) - Alissa's interest rate loophole story: the attorney-wife who used the rate cap blank to cancel a new construction contract the week before closing — and why Alissa no longer fills in that blank with the pre-approval rate - The title defect automatic extension blank: how a fence encroachment turned it into a 25-day window — and why knowing what every blank does matters - Florida's two purchase agreements: the standard FAR/BAR vs. the as-is, and what happens when an out-of-state buyer thinks they can cancel at their sole discretion on a standard contract — it cost them $45,000 - The Kentucky story: a sight-unseen buyer who requested so many inspections the seller became irate, and how "reasonable access" in the contract became a battle — ending with $0 in repairs for being too demanding - The FHA flip rule: a buyer under contract on a home purchased and flipped within 90 days — FHA didn't approve, buyer got cold feet, and everyone had to start over - The deposit check loophole: the listing agent who tried to cancel Alissa's contract claiming the deposit wasn't delivered — and the broker who stopped it — only for Alissa's buyers to discover a major slab crack and cancel legitimately - Selling your house twice: what happens when a listing agent accepts a second contract before the first is cancelled (spoiler: lawsuits, plural) - The Texas mud district form: a loophole in the water code, not the contract — buyers can cancel up to closing day if the MUD form wasn't provided before contract execution - Louisiana's condo addendum: when the HOA couldn't produce current-year documents in time, the buyer used it to cancel — and they were right - The letter of intent blank: one of the most frequently left-blank fields in Louisiana contracts, and how missing the lender deadline gives the seller a legal out - The school zone rezoning story: a buyer who wanted to cancel because a school rezoning announcement came two weeks before closing — and why it wasn't in the contract - Insurance as a contingency: the buyer who wanted to cancel over flood insurance pricing after their inspection period ended — and why Alissa refused to accept a fake loan denial letter - The radon mitigation system lesson: always specify where the system is to be installed and require buyer approval of the location — or you may end up with a fan in a child's bedroom and a pipe outside the front door - The roof shingle story: "like kind" doesn't mean same color — always specify buyer selection of any aesthetic replacement - The septic system that wasn't installed by closing: seller agreed, didn't do it, mutual release happened — and why the legal system makes it easier to just walk away - The pre-approval letter that wasn't: a buyer using photography business income that didn't qualify, with a lender who issued a letter without reviewing documents - The pre-approval letter contingent on the buyer selling his truck - The 51 appraisers: a single-family home in a condo association near Mount Vernon that no appraiser would touch — and why it required cancellation the day before clo