North Dakota 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

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.

A home sale contingency gives the buyer a specified amount of time to sell and settle their existing home in order to finance the new one. This type of contingency protects buyers because if an existing home doesn't sell for at least the asking price, the buyer can back out of the contract without legal consequences.

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.

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.

The standard home purchase contract lists several conditions that must be met before the closing date, which you can choose to include or not (often by checking a box). These conditions are called "contingencies" because they make the closing of the sale contingent upon certain requirements being met beforehand.

The key elements of a buy-sell agreement include:Element 1. Identify the parties.Element 2. Triggered buyout event.Element 3. Buy-sell structure.Element 4. Company valuation.Element 5. Funding resources.Element 6. Taxation considerations.

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.

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.

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North Dakota Checklist - Buy/Sell Agreements - Contingencies