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.
Forfeiture Clause Real Estate In North Carolina
State:
Multi-State
Control #:
US-00120
Format:
Word;
Rich Text
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FAQ
The lease must expressly give the landlord the right to forfeit. This clause will ordinarily give the landlord the right to forfeit once the tenant has been in breach for a period of time – typically 14 or 21 days.
To start forfeiture proceedings the freeholder must inform the leaseholder that a breach of the terms of the lease has been committed and that the leaseholder has the opportunity to resolve the said breach. If the breach is not resolved, the freeholder can start court proceedings to recover possession.
If you choose to cancel the contract, carefully review the cancellation provision in the contract, and notify the seller in writing before the end of the cancellation period. In some instances, you may only need to have your cancellation notice postmarked before the deadline expires.
Forfeiture is the process that a state agency uses to seize (take) property from an owner after someone is arrested, charged, or convicted of a specific crime.
The Purchaser at the foreclosure sale must allow the tenant to stay at the property until either the end of the existing lease term or one year from the date the purchaser acquires “title” (legal ownership of the property)whichever is sooner. The purchaser is not required to renew the lease.
Forfeiture generally occurs where one party exercises a legal right that results in a second party forfeiting, or losing, a right or interest. In some cases, where the right or interest has been lost due to unconscientious conduct, equity can provide a remedy in the form of relief against forfeiture.
As a buyer, you have the right to terminate for any or no reason prior to the expiration of the due diligence period. After the expiration of the due diligence period, your right to terminate is limited to any special provision provided in the contract.
Forfeiture is compensation for breach of the terms of a contract. The party who fails to perform their obligations or breach their duty under a contract forfeits their assets or rights under the contract. The purpose of forfeiture is to compensate the party adversely affected by the non-performance of the contract.
In law, a forfeiture is the loss of rights or goods due to not fulfilling some obligation. For example, failing to make car payments to a bank can result in the forfeiture of your car. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.
The seizing agency should commence administrative forfeiture proceedings against seized property by sending notice to potential claimants. Simultaneously, the U.S. Attorney should ask the grand jury to include a forfeiture allegation against the same property in a criminal indictment. This is the proper procedure.