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Updated almost 9 years ago on . Most recent reply

User Stats

35
Posts
6
Votes
Chad Huffer
  • Investor
  • Glen Burnie, MD
6
Votes |
35
Posts

Attorney says residential prop sale is a commercial transaction

Chad Huffer
  • Investor
  • Glen Burnie, MD
Posted

So, got a residential seller in Maryland who wanted to have her attorney draft a contract.... I reviewed it and made some modifications to it and emailed it back to the attorney. He responds with this:

"It is my understanding that Ms. Seller has arranged for us to meet on April 1, 2016, Friday, at 4:00 pm. As you prepare for this meeting, please keep in mind that the contemplated transaction is a commercial transaction and your LLC is a residential consumer purchaser. As such, Ms. Selelr does not intend to extend a residential disclaimer or warranty of any kind for this sale. The property is to be sold "AS IS", only."

Now I really don't care about the MD Real Estate Commission Disclosure/Disclaimer statement it was her attorney who put it there in the first place, however, they were cherry picking portions of it to make the contract one sided so I insisted that the whole form be used since accordign to MREC sellers are required to provide one.

But now my question is does anyone know what he is talking about when hey says this is a commercial transaction and my LLC is a residential consumer purchaser?

Most Popular Reply

User Stats

15
Posts
8
Votes
Mathew Saur
  • Sykesville, MD
8
Votes |
15
Posts
Mathew Saur
  • Sykesville, MD
Replied

@Chad Huffer regarding the LLC's limited purpose comment, don't ignore it. Check your LLC's articles of organization for the "purpose" of the entity. Should be a separate section on the first page of the articles. Normally, LLCs (and other entities) are written with a broad purpose to basically do anything legal; however, sometimes you see attorneys draft it with a very narrow purpose. If it has a narrow purpose, like only buying residential properties, you should consult an attorney about whether you should have that broadened and consult a CPA to make sure their aren't any adverse tax ramifications of having that broadened.

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