If the lender agrees to reduce the closing costs by an extra $1000 and the borrowers agree, then there has been an and satisfaction.
Is also a noun, meaning "agreement". Thus, we often hear of two countries signing a peace ; and we also frequently hear of two things or people being "in with" each other.
To settle a claim with an and satisfaction, both parties must agree that there is a contract dispute. The two parties should come together and make a new agreement, with a settlement amount and timeline. Once the new agreement is drawn up, the debt or outstanding issue must be resolved.
To establish the defense or and satisfaction, there must be (1) evidence of a dispute between the parties about what is expected and (2) evidence establishing that the parties specifically and intentionally agreed to discharge the existing obligation by means of a lesser payment tendered and accepted.
Under most state law, a valid and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.
Satisfaction clauses can cover a wide range of subjects, but they often appear as contingencies in contracts for the sale of real property. For example, the buyer of a large tract of land may include in the contract a provision stating that the sale is contingent on a survey to his satisfaction.
A more thorough explanation: This means that the second party has the right to reject the service or goods if they are not satisfied with them. For example, if a homeowner hires a contractor to paint their house, they may include a contract to satisfaction clause in the agreement.
In civil procedure, a Rule 11 Agreement can refer to a voluntary written agreement signed by all parties on any subject matter involved in the lawsuit.
Under Texas law, an and satisfaction defense exists when parties agree to discharge an existing obligation in a manner other than based on the terms of their original contract.