Always write one into your real estate purchase
contract as a contingency.
Not exact matches
Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other
contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to
as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party
contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
Consistent with the Hoover Report's recommendations that the United States had to reconsider «long - standing American concepts of fair play» and «learn to subvert, sabotage and destroy our enemies,» the shadow government built alliances between U.S. government officials, the Mafia, and international drug cartels; assassinated many thousands of civilians in Southeast Asia; carried out or attempted assassination of foreign leaders; trained death squads and secret police forces; worked to shore up unpopular dictators like the Shah of Iran and the Somoza dictatorship in prerevolutionary Nicaragua; worked to destabilize «unfriendly» governments such
as Allende in Chile and the Sandinistas in Nicaragua; cooperated with the Colombian drug cartel to plot the assassination of the former U.S. ambassador to Costa Rica, Lewis Tambs, with the intention of justifying a U.S. invasion of Nicaragua by blaming his death on the Sandinistas;
contracted with the Reagan administration and the National Security Council to find ways of circumventing a congressional ban prohibiting aid to the contras, including the trading of arms to Iran in exchange for hostages and money for the contras; illegally shipped weapons from the United States to the contras and allowed returning planes to use the same protected flight paths to transport drugs into the United States; 11 targeted the U.S. people for disinformation campaigns; and helped prepare
contingency plans for declaring a form of martial law in the United States that would have formally suspended constitutional freedoms.
If your
contract with a seller includes a home inspection
as a
contingency, you have the legal right to back out of the purchase if your inspection reveals substantial damage the seller did not disclose.
As an example, if you are a buyer that is buying with a
contingency on your home closing and there are multiple offers then take the
contingency out but leave the financial
contingency in the
contract.
A home under
contract with no
contingencies is
as good
as sold,
as the only way out for the seller or the buyer is default.
Contingencies essentially give a buyer the right to back out of the
contract in certain cases, such
as if they have problems obtaining financing, if problems are found during a home inspection or if the house doesn't appraise for the
contract amount.
Contracts should contain
contingencies regarding any puppy sold
as a show prospect which subsequently develops a congenital or disqualifying defect.
Standardizing retainer
contracts for personal plight matters would assure consumers that they will get the same set of fair terms from each firm on issues such
as disbursements and calculation of
contingency fees.
What does the
contract say about
contingencies such
as the project being cancelled?
If you feel
as though we are the right personal injury attorneys for you, our firm will write up a
contract and begin working on your case on a
contingency basis.
Most personal injury lawyers who handle personal injury cases (such
as car accidents) are
contracted on a
contingency fee basis (no - win, no - pay).
Other arrangements such
as an agreement to pay a
contract attorney a fixed percentage of a
contingency fee would not fall within this exception and would therefore be subject to the requirements of 2 - 200.
This must include details about whether the state has sufficient legal and financial resources to handle the matter on its own without a
contingency fee
contract; the expected time and labor required,
as well
as the complexity and skill necessary to handle the issues; and the amount of experience desired for the particular attorney services and the nature of private attorney's experience with similar matters.
Yet, unlike lawyers who handle far more complex cases, they are the ones most likely to present clients with a Standard
Contingency Fee
contract as a fait accompli.
If included in the
contract, some other
contingencies, such
as a critical illness or a terminal illness can also trigger the payment of benefit.
Smartronix (CA & MD) 08/2004 — 12/2008 S6 Information Systems Coordinator • Serve
as Section Chief and
Contract Lead at the MCNOSC providing overall support for the MCNOSC IT Systems • Manage the network, servers, switches, applications, and information and infrastructure security • Utilize DoD applications for network scanning and remediation of the classified and unclassified networks • Develop plans, procedures, and policies to directly support and defend the MCNOSC Network from security threats • Oversee the MCNOSC's PKI (public key infrastructure) and integration with the MCNOSC services with the coordination of recovery strategies with the Alternate Network Operations and Security Center (AltNOSC) • Determine minimum processing requirements for recovery site and provide guidance for recovering infrastructure processing • Provide technical input to the
Contingency of Operations (COOP) Plan ensuring all activities, resources and procedures required to recover critical IT infrastructure processing are accurate • Manage the day to day support of the MCNOSC Infrastructure, supervising a team of IT service contractors • Perform complex repairs, upgrades, hardware configuration, and end user training • Serve
as project manager for the transition and deployment of the MCNOSC's NMCI plan • Oversee the planning and build out of the network and MCNOSC's new Headquarters and Operations Center • Coordinate with local contractors to ensure timely delivery of the network • Design and coordinate the build out of the MCNOSC Internal Data Center, Server Room, and Testing Lab • Coordinate the movement to the MCNOSC's newly built Operations Center and Head Quarters • Install cabling, servers, racks, environmental controls, a / v systems, and other technical equipment • Develop the MCNOSC IT Lifecycle management for the LAN and other IT devices • Serve
as project manager for the MCCDC (Marine Corps Combat Development Center) Studies and Analysis Division and the MCCLL (Marine Corps Center for Lessons Learned)
• Organized specialized services such
as contingency planning, emergency response planning, emergency unit van response, laboratory
contracting and equipment acquisition.
Neil Jacobson and Gayla Margolin, psychologists at the University of Washington and University of Southern California respectively, were the ones who operationalized and researched this
as a model of couples therapy in which people learned to be nicer to each other through
contingency contracts, communicating better, and improving their conflict - resolution skills.
Any number of
contingencies can be written into a real estate
contract (
as every transaction is unique).
That means if a buyer simply gets cold feet, he can't use a
contingency as a way to worm out of a
contract.
While cash is the best, using hard - money can allow you to be more aggressive in your offer: shorter close time and you can strike the financing
contingency (we have those in our TX
contracts; be comfortable with the house
as well
as your lender if you do this) even though you are financing.
If you deal with any FC matter your
contract better be customary for the area, clean, without BS
contingencies and show up
as a valid, good faith
contract.
In addition to the
contract, you may need to add one or more attachments to the
contract to address special
contingencies — such
as the buyer's need to sell a home before purchasing.
The sad reality is some RTO investors don't offer
as much support to the client or build
contingencies and flexibility into their
contracts.
Leave Time to Handle Standard
Contingencies: The typical purchase
contract may have several
contingency clauses, for such things
as a home inspection, attorney's approval, obtaining financing and even the sale of the buyer's current residence.
«However, those buyers who utilized other types of
contracts (such
as an AS - IS) or who included minimal contingencies and wish to cancel the contract should consult with a real estate attorney.&raqu
as an
AS - IS) or who included minimal contingencies and wish to cancel the contract should consult with a real estate attorney.&raqu
AS - IS) or who included minimal
contingencies and wish to cancel the
contract should consult with a real estate attorney.»
The issue likely to come up, would be if the listing sold or «firmed up»
as to
contingencies during the «dead
contract» period, while waiting for the new one in place to be «processed» into the system.
As associates communicate with clients, they should mention what's happening on a
contract or on any
contingencies.
First day on the market I submitted a
contract via my agent at 145K cash offer 30 day closing 25 % EMD
AS IS with inspection
contingency.
In fact, pursuant to the terms of the
contract, if the loan
contingency has expired and you fail to close the purchase transaction, you could lose your earnest money deposit and not have the failure of obtaining loan approval to lean on
as an excuse.
However, there are other important
contingencies your agent should consider adding to the
contract as addendums:
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate
contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales
contract; seller could not utilize the provisions of a subsequently executed sales
contract wherein seller agreed to pay broker's commission «if and when title closes»
as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement
as such language was contained in the
contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase
contract contingent upon purchaser's ability to obtain conventional financing and provided any other
contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission
The buyer will probably ask for the purchase
contract to include certain standard seller responsibilities that could also be categorized
as contingencies:
For example, borrower's looking to close quickly without a financing
contingency in their purchase
contract could use a placeholder loan to close in
as little
as a few weeks for a loan term
as short
as 30 days at rates from eight to twelve percent.
Steven G. Walther, Inc. v. Taranto (16 A.D. 3d 1076) buyers procured by broker remained ready willing and able to complete the purchase pursuant to the terms of the purchase
contract thereby entitling broker to its commission where purchase and sale
contract addendum made the offer contingent upon the sale of buyer's existing residence; pursuant to the addendum, seller received another purchase offer, he was entitled, upon notice to the buyers, to accept the offer and cancel the
contract with the buyers unless they removed the sale and transfer of title
contingency within three days after receiving such notice; buyers could remove the
contingency by demonstrating in writing that they had accepted a mortgage loan commitment which does not require the sale and transfer of title of their property
as a condition of the mortgage loan funding; buyer complied with such requirement, even though mortgage loan commitment was subject to additional conditions not prohibited by the
contract; judgment for broker.
As a buyer, another important consideration when drawing up the earnest money
contract is which
contingencies to include, which give you the right to terminate the deal if certain requirements aren't met.
If no lender is involved, you can ask the title company (if they have an inspector for construction disbursements) to check off on it
as a
contract completed matter, or you can check it off yourself and release the seller from the
contingency if necessary.
The only time that a real estate salesperson is in selling mode is when he / she is attempting, via sales talk, to influence a seller or buyer to agree to use his / her services on a
contingency basis, either via prescribed written
contract (listing) or via the legal concept known
as ratification (regarding a buyer).
As the DD period winds down without raising $ 800,000, he starts to realize that if he removes his
contract contingencies without knowing how or where he's going to raise the money, he could lose his $ 50,000 earnest money deposit.
I think the inspection is one of the most important
contingencies in the sales
contract and have seen far too many transactions almost fall apart when there is not clear and concise communication between the buyer's agent & listing agent when it comes to negotiating items that come up
as a result of a home inspection.