Contract For Equity In Georgia

State:
Multi-State
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent.

A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information.

Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent. See O.C.G.A. § 13-3-1.

There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.

- Equitable estoppel is an established principle of Georgia law and arises when a party has so acted that the party has by the party's conduct either gained some advantage for the party or caused some disadvantage to another by reason of which it would be contrary to equity and good conscience to permit the party to ...

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

“ 'Unclean hands' is a shorthand reference to OCGA § 23-1-10, which states: 'He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action. ' ” Higdon, supra, 321 Ga.

A beneficial interest in real property that gives the title holder the right to acquire legal title to the property. Equitable title holders cannot transfer legal title to real property, but they derive benefits from the property's appreciation in value.

In essence, an equitable owner has a beneficial interest in the property, which means they enjoy the advantages of ownership, such as the right to use the property, receive income from it, and bear the responsibilities associated with it, like maintenance and taxes.

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Contract For Equity In Georgia