Georgia Checklist - Buy/Sell Agreements - Contingencies

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Description

A buy-sell agreement is an agreement between the owners of the business for purchase of each others interest in the business. Such an agreement will spell out the terms governing sale of company stock to an outsider and thus protect control of the company. It can be triggered in the event of the owner's death, disability, retirement, withdrawal from the business or other events. Life insurance owned by the corporation is often used to provide the funds to purchase the shares of a closely held company if one of the owners dies.


The time to prevent disputes is before they occur. Experience proves that owners anxieties created in dealing with one another are inversely proportional to the effort they spend addressing business problems in the event that they should happen. Dealing with these contingencies before they manifest themselves is the secret to a harmonious business relationship with other owners, Use the checklist below to determine areas where you may need assistance.

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FAQ

To calculate the due diligence period in a real estate transaction, you start from the date the contract is signed. The due diligence period is typically negotiated, usually ranging from 7 to 30 days, during which the buyer inspects the property and conducts necessary investigations. A Georgia Checklist - Buy/Sell Agreements - Contingencies can help ensure you correctly set and adhere to this timeline.

An Agreement of Purchase and Sale is a written contract between a seller and a buyer for the purchase and sale of a particular property. In the Agreement, the buyer agrees to purchase the property for a certain price, provided that a number of terms and conditions are satisfied.

Standard contingencies include things like a buyer's inspection of the house and satisfaction with the condition that the house is in. Contingencies such as these are often considered a matter of course and their presence within a purchase agreement will likely not be contested.

A common contingency within a home sale agreement contract is one that gives the buyer the right to at least one home inspection before a certain date.

Most purchase agreements are contingent upon a satisfactory home inspection and mortgage financing approval. There are other types of contingencies as well, in addition to the most common ones mentioned above. Buyers should use a "market-minded" approach when adding these items to their contracts.

The Five Most Common Home-Buying Contingencies, ExplainedInspection Contingencies. In the home buying process, inspections are for your benefit, as the buyer.Financing Contingency.Appraisal Contingency.Title Contingency.Home Sale Contingency.

Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.

An example of a contingency is the unexpected need for a bandage on a hike. The definition of a contingency is something that depends on something else in order to happen. An example of contingency is a military strategy that can't go forward until an earlier piece of the war plan is complete.

What Should I Include in a Sales Contract?Identification of the Parties.Description of the Services and/or Goods.Payment Plan.Delivery.Inspection Period.Warranties.Miscellaneous Provisions.

A finance contingency is standard in real estate transactions. Buyers most likely want to include this contingency if they plan on paying for the property with a mortgage or loan. It allows them to terminate the deal with no penalty if their financing falls through. Also typical is an appraisal contingency.

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Georgia Checklist - Buy/Sell Agreements - Contingencies