Archive for December 6th, 2005

For You Lawyers Out There

Let’s say you are an attorney representing a retired older couple whose house has been listed with a marvelous real estate broker. And let’s suppose that house got an accepted offer this past October 1. Let’s suppose further that the buyer’s down payment & signed contract have been in your possession since November 22 after 6+ weeks of back and forth negotiation where your clients have been put through the meat grinder (details are unimportant). And, hypothetically, while this nice older couple has patiently waited for you to tell them what the next step should be, and while they spend time and money fixing the property to address the issues of the engineer inspection, the deposit check remains on your desk and the contract remains unsigned. Let’s suppose you never called the client in to sign the contract, nor have you gone to the bank to deposit the escrow funds. And, finally let’s say that the buyer has decided that they are tired of waiting and will excercise their option to walk away from the purchase out of frustration. Are you:
  1. A flaming rectal cavity;
  2. Incompetent;
  3. In dereliction of your fiduciary responsibility to your client;
  4. All of the above
Now, just to be clear: The client (and their marvelous real estate broker) have called your office daily asking what is next and have never said a thing which would lead one to conclude that they did not want you to escrow the buyer’s deposit or that they did not want to sign the contract. Also, you have gone to great lengths to make sure that your paralegal is a gate keeper extraordinaire whose actions somehow magically release you from ever actually having to personally return a phone call to your client’s marvelous real estate broker.
Is it [1], [2], [3], or [4] ? Or is there another option? Just curious.

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No, No, a Thousand Times, No.

The Times is reporting that the Yankees are considering signing Nomar Garciaparra as a free agent. This would give them all three of the old "Big Three" shortstops from the late 90’s, namely Derek Jeter, Alex Rodriguez, and Nomar. Where he’d play is a mystery. Nomar, by the way, is married to Mia Hamm.
Unfortunately, Nomar, even if they found a spot for him, is not the player he was in 1998 or 2000. Stating that he’s an injury waiting to happen is being kind. He hasn’t played a full season since 2003 and has played more than 150 games three times in ten seasons. The Yankee dry period of the 80’s was punctuated by expensive free agent signings, mostly of guys past their prime. Few if any were of Garciaparra’s stature that I recall, but Nomar on the disabled list is as useless as anyone else.
There is another reason for avoiding Nomar, and true baseball fans will agree; the fewer ex-Cubs on your team, the better. In baseball, superstition is as real as the bat in your hand.

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