This form is a contract for a lease and a manadatory purchase of real estate. Seller demises and leases to purchaser and purchaser takes and rents from seller certain real property described in the form. Purchaser agrees not to use or permit the use of the property for an illegal purpose. An auction, fire or going out of business or bankruptcy sale, may not be conducted in the property without prior written consent of the seller.
Types Of Clauses In Real Estate In California
State:
Multi-State
Control #:
US-00120
Format:
Word;
Rich Text
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FAQ
California courts have long established that the “as-is” clause is strictly interpreted to mean that the buyer takes the property in the “condition visible to or observable” by the buyer, and that notwithstanding how broad such language may be, courts have not allowed such clause to protect a seller from liability for ...
A clause can be defined as an independent concept within the written contract. A clause may have any number of sub-clauses. A condition is a clause in a contract or agreement which has for an object to suspend or to alter the obligation principals.
An exemption clause is a provision in a contract that limits the liability of one party. It applies in the case of breach of contract or contract default. Not all exemption clauses are the same. Three principal types exist: limitation clauses, exclusion clauses, and indemnity clauses.
1. Confidentiality clause Intellectual property clause. Intellectual property (IP) clauses establish who owns what, both before and after the contract. Limitation of liability clause. Termination clause. Force majeure clause. Dispute resolution clause. Payment terms clause. Renewal clause. Indemnification clause.
An exemption clause is a provision in a contract that limits the liability of one party. It applies in the case of breach of contract or contract default. Not all exemption clauses are the same. Three principal types exist: limitation clauses, exclusion clauses, and indemnity clauses.
A clause is a group of related words that contain a subject and a verb. There are four main types of clauses: independent, dependent, relative, and noun. An independent clause is a complete sentence that can stand-alone.
The contingency gives a buyer a contractual excuse to cancel the contract, during the contingency period, if the buyer is not satisfied with its condition, or any other matter affecting the property. The contingency stays in place until removed in writing by the buyer.
For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.
No Party shall assign this Agreement or any part hereof without the prior written consent of the other Parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties Parties, and their respective permitted successors and assigns.
1 Use plain language. 2 Define key terms. 3 Structure your clauses logically. 4 Be specific and precise. 5 Use examples and scenarios. 6 Review and revise your clauses. 7 Here's what else to consider.