sell agreement is a written contract between two or more owners of a business, or among owners of the business and the entity.
The Consent Requirement for Selling Property With Texas being a community property state, both spouses' signatures are more than just a formality; they're a legal necessity. Attempting to sell property without consent can have serious legal implications.
If one owner wants to sell a jointly owned property but the other owner(s) refuse, the party seeking to sell can file a partition action. This legal procedure allows a court to intervene and force the sale of the property, dividing the proceeds among the owners ing to their ownership interests.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
In Texas, an executor can sell a property without all beneficiaries' approval if the will explicitly grants them such authority, if it's necessary for estate administration, or with court approval. They have until the end of probate, which can take up to a year, to complete the sale.
Trigger events will determine when your buy-sell agreement will come into play. Common circumstances include the death, disability, retirement or voluntary departure of a partner, but may extend to additional scenarios, such as divorce or individual bankruptcy.
Starting in August 2024, homebuyers nationwide were required to sign a Buyer's Representation Agreement before viewing properties. While this requirement might seem like a significant change, the truth is that it is not new in the state of Texas.
The buy-sell agreement can ensure that the ownership of the company continues on in a manner that is in the best interests of the company and fair to the owners by spelling out what happens under different triggering events.
What should be included in a buy-sell agreement? Any stakeholders, including partners or owners, and their current stake in the business' equity. Events that would trigger a buyout, such as death, disability, divorce, retirement, or bankruptcy. A recent business valuation.