Agreement General Form For Payment In Texas

State:
Multi-State
Control #:
US-00037DR
Format:
Word; 
Rich Text
Instant download

Description

A factor is a person who sells goods for a commission. A factor takes possession of goods of another and usually sells them in his/her own name. A factor differs from a broker in that a broker normally doesn't take possession of the goods. A factor may be a financier who lends money in return for an assignment of accounts receivable (A/R) or other security.

Many times factoring is used when a manufacturing company has a large A/R on the books that would represent the entire profits for the company for the year. That particular A/R might not get paid prior to year end from a client that has no money. That means the manufacturing company will have no profit for the year unless they can figure out a way to collect the A/R.

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

Texas law gives someone 4 years to bring a lawsuit for unpaid debt. This time period is commonly referred to as the statute of limitations. Once the time period is up, a person is prohibited from filing suit to recover the debt. This means the debt is time-barred.

The eight corners rule, under normal circumstances, requires that an insurer's duty to defend be based only on (1) the “four corners” of pleadings in the underlying lawsuit against the insured and (2) the “four corners” of the contract (i.e., the terms of the insurance policy).

One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors.

As public records, contract forms adopted by the Texas Real Estate Commission are available to any person. Real estate license holders are required to use these forms. However, TREC contract forms are intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use.

Under Texas law, a binding contract typically consists of six essential elements: Offer and acceptance. A legal purpose for the contract. Mutual assent. Sufficiently defined terms. “Consideration” Competent, authorized parties to the contract.

"Contracts for Deed" - Contracts for deed, sometimes referred to as "rent to own" financing arrangements, are legal in Texas.

Verbal contracts in Texas are enforceable and legally binding if they fulfill certain standards, such as accuracy. Some transactions, such as property sales, leases, and drilling for oil and gas commissions, must have a written contract.

Agreements to Agree In the Future Are Not Enforceable Texas law is clear that contracts calling for parties to negotiate in the future —to agree to agree to material terms at a later point—are unenforceable.

Generally, contracts are void because the subject matter is not legal or one of the contracting parties does not have the competency to contract. For example, a contract to commit a crime is void and cannot be enforced.

Generally, agreements to agree are unenforceable because of the absolute discretion of parties to agree or disagree.

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Agreement General Form For Payment In Texas