If I sign a real estate offer purchase agreement can I get out of it?
A well written real estate contract has a number of ‘out clauses’. Real estate requires a lot of inspection and due diligence to assure the buyer that you’re not being ripped off by hidden flaws. You can usually get out with no recourse until your contingencies are removed.You are required to act in good faith to remove contingencies, but if they can’t be removed, you can opt out
Could I leave out the earnest money deposit clause in a real estate standard purchase agreement?
Well technically, you could, but as a seller's agent I would advise any client of mine against giving your offer serious consideration. Earnest money has a function. It serves to show the seller just how serious you are about making the purchase. Which means, the more Earnest you offer, the more serious a seller should consider you. In addition, it is one of the negotiable terms in any offer, so if you do go to the trouble of cutting t out, you're only likely to see it re-inserted by the seller in the negotiating process. Do you have an objection to earnest money? It comes back and credits your side at the closing table. Or is your objection that you feel you may wish to rescind your offer at some point? That is tantamount to playing games with a seller...
If your real estate attorney was negligent and had you sign an agreement without explaining it to you, can you back out of the home purchase?
No. If you had questions you should have asked them to the attorney before signing the contract. If the attorney was not answering them in a way you can understand you could have found a different attorney. Not all lawyers are equal in talent and communication skills.Finally you still might be able to back out of the contract. Most purchase agreements provide a timeframe for inspection and allow a buyer to terminate during the inspection period for any reason or no reason.If you missed the inspection period deadline that means your earnest money deposit is at risk (or non refundable) and the seller can keep it. Despending on how large the earnest money deposit (a few hundred bucks to several thousand) you should be able to make a business decision if it's worth walking away from the deal if you really don't want to buy the property. It may cost you some money in losing your deposit but it may be a better decision than closing on a property you don't want to buy. Good luck!
Can I purchase real estate with 100% debt thanks to the tenancy agreement?
It’s possible in commercial real estate using what is known as “Credit Tenant Lease” or “CTL” financing. In order to qualify, the lender will require a few key considerations: 1) a long-term lease (generally at least 15 years, but usually need closer to 20 to make the math work), 2) an investment-grade tenant, and 3) an “absolute triple net” or “bondable” lease structure in which the tenant is fully responsible for all property expenses including structural components.With a CTL, the tenant generally pays its rent directly to a Trustee of of the CTL which then distributes the payments to investors in the CTL (generally fixed-income investors). In this structure, the payment stream is locked-in (according to the lease and loan documents), payments guaranteed by an investment-grade tenant, there is no property operating exposure since the tenant is fully responsible for all property expenses, and no risk in the property owner absconding with funds since payments are made from the tenant to the Trustee. In short, the CTL has created a corporate bond backed by commercial real estate - so in theory, there is should not be any “hard” equity required by the building’s owner. In practice, pricing and leverage point is determined by the capital markets and is very difficult in today’s low cap rate environment to achieve 100% financing.So what does the property’s owner gain out of this? Depending on the exact loan structure, at the end of the loan term, they end up with a building free-and-clear of any debt, or with a relatively small loan balance and will have benefited from a large degree of equity build-up with putting very little down up-front. Of course, this takes a very long time. Also, there are some income tax implications (which I won’t get into here) that need to be considered - this generally is not for a novice investor.
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the company’s perspective) because at this time it is not known whether, or to what extent, the OP’s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OP’s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
Who makes the purchase and sale agreement, plus a contingency to buy a real estate property?
Who makes the purchase and sale agreement:A Purchase and Sale (P&S) understanding is an authoritative archive that has been arranged and consented to by lawyers speaking to the buyer and seller in a land exchange. In Massachusetts, it must be marked by a purchaser and dealer after both sides have gone to a concurrence on an offer on a bit of land. The P&S will incorporate the last deal cost and all terms of the buy, and it covers the weeks between when a property is removed the market and shutting, a few conditions stretch out past the end date.takes after is a rundown of normal possibilities that can be found in most home buy understandings.Contingency to buy a real estate property:Financing/Loan ContingencyAll home deal contracts will be dependent upon you, the Buyer, having the capacity to secure a credit or other wellspring of financing with which to buy the house. This possibility may put a day and age amongst marking and shutting in which the purchaser must secure this financing. For a first time purchaser, the a lot of cash included can appear to be very overwhelming, however remember this is quite normal. In the event that you can pay money in advance for the offer of the home, then you will have the capacity to discard this possibility.2. Home InspectionA typical possibility inside a home deal assention contract is one that gives the purchaser the privilege to no less than one home review before a specific date. This possibility ought to likewise give the purchaser the chance to escape the agreement, or request repairs, if the purchaser is not, in compliance with common decency, happy with the state of the house.3. ProtectionMost property holders will need to ensure that their new buy has home protection before moving in. Be that as it may, insurance agencies have turned out to be increasingly hesitant to protect properties and homes in specific parts of the nation.4. TitleThis can be a standout amongst the most imperative possibilities for you as the purchaser. This possibility will permit you to leave the agreement if the dealer of the home can't demonstrate that he or she has substantial legitimate title to the property that is available to be purchased.What to do nextSubsequent to considering what sorts of possibilities you need in your home deal understanding, set them in motion as a feature of your offer to purchase the house.
How hard is it to get out of a real estate listing agreement if you believe your realtor isn’t doing a good job?
Despite what the person said below It is not easy at all! It’s called a contract for a reason. If it were that easy to break, what would the point be of having a contract?So in order for you to be able to get out of the real estate contract, the other party has to let you out unless there is specific language that addresses your ability to escape.Most contracts are not set up that way. If the real estate agent/company is smart, however, they will not keep someone in a contract who is unhappy.The company could do more harm to themselves if you speak negatively about them than just being amenable to let you out.Here are some tips on how to fire a real estate agent that should prove helpful. Like Jay mentioned below, the contract is with the company and not the agent.
Can I sue a homeowner or their real estate in a situation where both parties signed a purchase agreement then the buyer signed the contract, didn’t send it to me and eventually backed out?
Almost certainly no.There are certain things you must have to create a legal, enforceable contract:Legal intentCapacity of the partiesConsideration (something of value)Mutual agreementAdditionally, almost everything involving real estate falls under the Statute of Frauds. This comes from the English Common law, and says the contract must be in writing to be enforceable. It includes agreements to by or sell real estate and agreements made in consideration of marriage. (Just tossing that last in because its interesting)A real estate purchase contract starts with an offer in writing. The offeree (seller) may accept the offer as presented, reject it or make a counter-offer. Any change to the offer, no matter how minor, constitutes a counter-offer. The original offeror can do the same thing. There is no contract until and unless there is the meeting of the minds—complete agreement—and the agreement has been communicated to all parties.Once there is a meeting of minds, the document becomes an executory contract, that is, one which is in the process of being performed. Almost all real estate purchase agreements contain certain contingencies (we often call them “weasel clauses). Among these are typically loan, appraisal and inspection contingencies.The loan contingency states that the buyer must apply for and be approved for a loan within a certain period (typically 17–21 days). If the buyer does not get the loan for any reason, they get to walk, and they’ll get their earnest money deposit (the consideration) back.If the property appraises for less than the purchase, price, they can walk. If there is something on an inspection report they don’t like, they can walk.Once the buyer has removed all contingencies, they are obligated to perform—to complete the purchase. If they don’t, they are said to be in breach—violating the contract—and may forfeit their deposit.Most real estate purchase contracts today are written by the various state Realtors’ Associations. They typically contain a “Liquidated Damages” clause to be initialed by the parties. This clause states in essence, “The parties agree that determining exact money damages in the event that the buyer does not perform is very difficult. Therefore, buyer and seller agree that the buyer’s earnest money deposit will be considered satisfaction for a breach by the buyer.”In plain language the Liquidated Damages clause states that if a buyer decides not to proceed after having removed all contingencies, they may forfeit their earnest money deposit to the seller.Most contracts also contain an Arbitration Clause. By initialing this, both parties agree to go to binding arbitration rather than filing a lawsuit.If the buyer in your case did not deposit a check with escrow, you never had a contract. If there were contingencies which they did not remove, such as a loan contingency, they are completely free to walk. If you made a counter offer which they chose to ignore, you never had a contract. If your acceptance of their offer was not communicated to them (typically be delivering to them a fully-executed copy of the purchase agreement), you did not have a contract.Someone who “ghosts” and does not take the steps to proceed with a purchase for whatever reason almost invariably has plenty of legal “outs” if they don’t want to go forward. I believe your best bet is just to get on with your life and find another buyer.My standard disclaimer: While I am confident in the accuracy of my statements here, no one should construe a single word of it to be legal advice. I am not an attorney, although I know a whole lot of really fine legalish words. The best. They’re terrific. Anyone who needs legal advice should seek such advice from a duly licensed professional. Relying on “legal” advice on Quora could be an indication of a need for another kind of professional help.I hope this is helpful. Good luck.