Authorization to Contract Clauses: Contract for Real Property

State:
Multi-State
Control #:
US-C-CL-720-1
Format:
Word; 
Rich Text
Instant download

What this document covers

The Authorization to Contract Clauses: Contract for Real Property is a legal document that outlines the authority of the buyer and seller to engage in a real estate transaction. This form ensures that all necessary authorizations from company boards or individuals are documented, confirming their capacity to enter into the contract. It differs from other real estate forms by specifically focusing on the authorization aspect, which is crucial for enforcing the terms of the contract.

Main sections of this form

  • Buyer Authorization: Confirms the buyer's authority to execute the agreement.
  • Seller Authorization: Affirms the seller's authority to enter into the agreement.
  • Individual Authorization: Establishes that both buyer and seller have the legal right to fulfill their obligations under the contract.
  • Executive Actions: Documentation of resolutions from boards or relevant parties authorizing the transaction.

When to use this form

This form is used when a buyer and seller wish to formalize a real estate transaction where company or individual authorization is necessary. It is applicable in situations involving corporate entities, partnerships, or individuals where such authorizations ensure that the parties are legally bound under the contract terms.

Who needs this form

  • Real estate buyers who need to verify their authorization to enter into a contract.
  • Real estate sellers requiring proof of authority to sell property.
  • Business entities involved in property transactions that require formal authorization.
  • Individuals executing contracts on behalf of a company or partnership.

Steps to complete this form

  • Identify the parties involved in the transaction (buyer's and seller's information).
  • Check for board approval or individual authority documentation required for transaction authorization.
  • Provide the date by which the agreement is to be executed.
  • Collect and attach certified copies of all relevant resolutions authorizing the execution of the contract.
  • Sign the document in the presence of any necessary witnesses, if required by state law.

Does this form need to be notarized?

This form does not typically require notarization unless specified by local law. However, it is advised to check with local regulations to confirm if notarization is needed for the contract to be legally binding in your jurisdiction.

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We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Not securing necessary board resolutions or approvals before signing the form.
  • Failing to provide complete party information, which may lead to disputes.
  • Omitting signatures from all required parties.
  • Not verifying state-specific requirements before using the form.

Benefits of completing this form online

  • Convenience of downloading the form from anywhere at any time.
  • Editability allows customization for specific needs without hiring a lawyer.
  • Reliability as the forms are prepared by licensed attorneys.
  • Quick access to critical documents that facilitate timely transactions.

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FAQ

WHAT IS AN ?AS IS? CLAUSE? AS-IS clauses are best described as a species of ?disclaimer of reliance? clauses. Under such clauses, a buyer generally agrees that she is entering a contract to purchase real estate relying solely on her own judgment and not on any statement or representation by the seller.

Proposed clause: The Seller is selling this property in ?As Is? condition. Buyer acknowledges and agrees that Buyer is accepting the Property ?As Is? without any warranties, representations or guarantees, either expressed or implied, of any kind, nature or type whatsoever from or on behalf of the Seller.

A valid ?as is? clause prevents a buyer from holding a seller liable if the property is worth less than the price paid. When a buyer agrees to an ?as is? clause, the buyer assumes the risk on his own. He agrees to take on the risk in determining the value of the property.

?As is? refers to a term used in sales contracts where the buyer agrees to buy a product in its current condition, without legal recourse should the buyer discover a defect in the product after purchase.

In real estate contracts, there are contract clauses that outline the terms of the agreement and responsibilities of each party. The contract clauses address all aspects of the sale terms and are legally binding once both parties sign the document.

Authorization to Proceed or ?ATP? means the agreement entered into by the Parties as of the date hereof authorizing Contractor to perform a certain portion of the Work prior to EDC.

As-Is clauses provide the ability to sell a property while only revealing 'known' defects. The clauses can protect the seller from lawsuits, so long as they fulfilled their own duties. The seller must reveal all known defects, and cannot hide or lie about any other defects.

The Company represents and warrants that the undersigned has the authority to act on behalf of the Company and to bind the Company and all who may claim through it to the terms and conditions of this Agreement.

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Authorization to Contract Clauses: Contract for Real Property