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A mutual release is a document designed to be signed by both the buyers and sellers to cancel an agreement of purchase and sale. When executed, this document cancels the agreement and ?releases? all parties from any future liabilities or claims.
A release is a written agreement where one party releases the other party from potential liability, usually in exchange for a payment of money or some other form of consideration. That consideration can take the form of a release by the other party of the first party. Take severance pay, for example.
A settlement agreement, also called a release, is a binding contract that settles a lawsuit or potential lawsuit between two or more parties and stipulates that no lawsuit can be filed in the future. The courts encourage parties to resolve their dispute through a settlement agreement rather than through the courts.
Consideration is a necessary element for a release to be valid. A release is made for valuable consideration. The consideration should be a thing of value. There will be a presumption as to the existence of consideration when the release is made in a sealed document.
A mutual agreement is a binding contract between two or more parties and can cover any contingency. The difference between a mutual agreement and a settlement not creating a trust, is determined by the operative words, ie "mutually agrees" or "settles".