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30 December 2016 | 1 reply
[vi] The court noted that between the date the contract was entered and the date possession was given to the purchaser, the purchaser paid to have a part of the building torn down, with the consent of the owner.
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20 October 2016 | 24 replies
Scott, other cases haveexpanded the remedies of defaulting vendees to include even willfully defaultingpersons.When selling a parcel of land under a sales contract which is not recorded, the seller isprohibited from otherwise encumbering the parcel to an aggregate amount exceeding theamount due under the contract without the written consent of the purchaser.A real property sales contract must recite the number of years to complete payment and,if a tax estimate is made, the basis for it.When selling real property under a real property sales contract, the seller must applyinstallment payments first to payment(s) due on an obligation(s) secured by the property.The seller must hold in trust payments received for taxes and insurance and use thosefunds only for those purposes, unless the payor and the holder of an encumbrance on theproperty agree to some other use of those funds.A real property sales contract for purchase of real property in a subdivision must clearlyset forth the legal description of the property, all the existing encumbrances at the dateof the contract and the terms of the contract.Except in the special area of large land developments, the advantage which a landcontract may have held as a security device seems to have dissipated in favor of the useof a deed of trust with power of sale.Disadvantages to buyer.
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12 October 2016 | 6 replies
As to management, be careful about naming your own poison, duties should be addresses but leave room to manage and the use of partner's consent is a good CYA strategy when used wisely.
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21 October 2016 | 4 replies
They give you consent via application.
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28 October 2016 | 5 replies
They will also supply you with wording to include in you application or Credit Check Consent form which you can use to secure the applicants consent to have their credit history queried.
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30 October 2016 | 7 replies
Looks like bank is putting a lot of operational constraints in normal / non-default situation, which concerns me.One of the covenants reads like this: (so you cannot modify, terminate, release leases without writen consent from lender.
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9 December 2018 | 2 replies
If the owner is in BK, all of his/her property is part of the BK estate... you must obtain the consent of the BK trustee for the sale of any estate assets.Post-settlement liens are not the concern in the context of BK.
10 December 2018 | 1 reply
Still, she said "as I mentioned before," as if it was something I was aware of and consented. 2.
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22 May 2019 | 13 replies
A series is terminated and its affairs shall be wound up upon the dissolution of the limited liability company under § 18-801 of this title or otherwise upon the first to occur of the following:(1) At the time specified in the limited liability company agreement;(2) Upon the happening of events specified in the limited liability company agreement;(3) Unless otherwise provided in the limited liability company agreement, upon the vote or consent of members associated with such series who own more than 2/3 of the then-current percentage or other interest in the profits of the series of the limited liability company owned by all of the members associated with such series; or(4) The termination of such series under subsection (m) of this section.Unless otherwise provided in a limited liability company agreement, a limited liability company whose original certificate of formation was filed with the Secretary of State and effective on or prior to July 31, 2015, shall continue to be governed by paragraph (k)(3) of this section as in effect on July 31, 2015 (except that "affirmative'' and "written'' shall be deleted from such paragraph (k)(3) of this section).
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2 January 2019 | 11 replies
So my question is, is that as long as my agent adds an addendum for me such as "Buyer shall have the ability to assign his rights to this contract without the express written consent of the seller, at buyers unfettered discretion" and "contingent upon property property inspection and buyer's approval of results", by doing this does it supersede any other verbiage it conflicts with in the contract?