Idaho Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
Format:
Word; 
PDF
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Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.

The Idaho Default Remedy Clause is a legal provision that outlines the remedies available to parties in the event of a default under a contract or agreement in the state of Idaho. It specifies the actions that can be taken by the non-defaulting party to address the breach and seek redress. In Idaho, there are primarily two types of Default Remedy Clauses commonly used: the Remedies Clause and the Liquidated Damages Clause. 1. Remedies Clause: The Remedies Clause provides a list of actions that the non-defaulting party can take in case of a breach. These actions may include seeking monetary damages, specific performance, or injunctive relief. The clause may also state whether the non-defaulting party has the right to terminate the contract or seek arbitration or mediation before pursuing legal action. 2. Liquidated Damages Clause: The Liquidated Damages Clause specifies the predetermined amount of damages that the party in breach must pay to the non-defaulting party if a breach occurs. This clause is often included when it is difficult to estimate the actual damages that may arise from a breach. The predetermined sum in the clause should be a reasonable estimate of the non-defaulting party's anticipated losses. It is important to note that the Idaho Default Remedy Clause must comply with state laws and regulations. The Idaho Uniform Commercial Code (UCC) provides guidelines for remedies and damages in commercial transactions. Parties should consult with legal professionals familiar with Idaho law to ensure that their contracts and Default Remedy Clauses are in accordance with the applicable legal requirements. In conclusion, the Idaho Default Remedy Clause is a crucial component of contracts and agreements, outlining the remedies available to parties in the event of a breach. The two primary types of Default Remedy Clauses in Idaho are the Remedies Clause and the Liquidated Damages Clause. Compliance with state laws, particularly the Idaho Uniform Commercial Code, is essential to ensure the validity and enforceability of such clauses.

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FAQ

?Curing? or ?remedying? the default means correcting the failure or omission. A common example is a failure to pay the rent on time.

The court may not render judgment for more than the amount by which the entire amount of indebtedness due at the time of sale exceeds the fair market value at that time, with interest from date of sale, but in no event may the judgment exceed the difference between the amount for which such property was sold and the ...

45-1502. Definitions ? Trustee's charge. As used in this act: (1) "Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or his successor in interest, and who shall not be the trustee.

Although about 60% of the US states are mortgage states, Idaho is considered a deed state. A deed of trust is an agreement between a beneficiary, grantor, and trustee. A deed is signed to a trustee as a form of security to ensure that the performance of obligation is fulfilled.

15-6-401. Community property with right of survivorship in real property. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.

The actions permitted by a contract and applicable law that a party may take to protect and recover its property interests in the event of default of another party to the contract are default rights and remedies .

Idaho law states that an agricultural commodity producer or dealer who sells or delivers agricultural products (such as hay, grain, corn, oats, straw, etc.) has a lien on those products and the proceeds from the subsequent sale of those products (Idaho Code § 45-1802).

More info

Oct 24, 2016 — If you are a landlord or a tenant and you have questions about your rental agreement, we can help. Call us toll free at 877-232-6101. Default. (1) Before exercising any of its rights upon a default by a debtor under a title loan agreement, the title lender shall mail a "Notice to Cure ...a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time ... Idaho law does require written notice of default to be recorded and served on a debtor before a nonjudicial foreclosure of a trust deed can be commenced. Idaho ... by R Isham · 1981 · Cited by 3 — Chief among these remedies is forfeiture, which allows the seller to cancel the contract and repossess the property, while re- taining payments and improvements ... by RL Phillips · 1995 — The buyers' remedy under the default clause is as follows: If the ... None of the clarification related to default clause, id., which was in small ... Oct 25, 2018 — This seminar examines remedies when the lease is breached. Often landlords and tenants believe they have an “iron clad” remedy to come to ... THE LANDLORD FILES A. COMPLAINT FOR. UNLAWFUL DETAINER OF. THE RESIDENCE. If the Tenant fails to pay rent in full or vacate the residence within 3 days of. Do these remedies apply regardless of whether the party suffers damage from that missed deadline? • Whether different deadlines have dif ferent consequences. Dec 6, 2013 — This provision required Pinnacle to give Dewsnup written notice of the default and ten days for Dewsnup to cure. Only if Dewsnup failed to cure ...

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Idaho Default Remedy Clause