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Authorization to Contract Clauses: Contract for Real Property

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Multi-State
Control #:
US-C-CL-720-1
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Word; 
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Description

A clause dictates the conditions under which the contract is legally enforceable and determines the terms of the contract. Contracts often contain boilerplate clauses or standard clauses found across most contracts. These standard clauses do not require a lot of negotiation. Included is a Sample Authorization to Contract Clauses for a Contract for Real Property. This clause may be needed to express authorization by a company, its directors, or others.

Authorization to Contract Clauses: Contract for Real Property is a legal document used to authorize one party to enter into a contract or agreement to purchase real estate on behalf of another party. The contract typically includes the terms and conditions of the purchase, such as the purchase price, closing date, and any contingencies, as well as the legal rights and responsibilities of both parties. The most common types of Authorization to Contract Clauses: Contract for Real Property are the Special Warranty Deed, General Warranty Deed, Quitclaim Deed, and Lease with Option to Purchase. The Special Warranty Deed provides the buyer with a warranty from the seller that the property is free from any liens or encumbrances that were created by the seller, or their predecessors, during their ownership of the property. The General Warranty Deed provides a more comprehensive warranty to the buyer, including not only liens or encumbrances created by the seller, but also any that were created by the seller’s predecessors. The Quitclaim Deed is a deed that conveys whatever interest the granter has in the real estate, without making any warranties about the property. The Lease with Option to Purchase grants the tenant the right to purchase the property at a predetermined price and date.

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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