My understanding is the transfer of title into a land trust will NOT trigger a due on
sale clause provided the transfer is into an inter vivos trust, i.e., the borrower remains the beneficiary of the trust (Garns - St. Germain Act 1982).
Not exact matches
the
sale of shares of common stock in an underwritten public offering that occurs during the restricted period, including any concurrent exercise (including a net exercise or cashless exercise) or settlement of outstanding equity awards granted under our equity incentive plans or pursuant to a contractual employment arrangement described elsewhere in this prospectus in order to sell the shares of common stock delivered upon such exercise or settlement in such underwritten public offering;
provided that, if required, any public report or filing under Section 16 of the Exchange Act will clearly indicate in the footnotes thereto that such disposition to us or withholding by us of shares or securities was solely to us pursuant to the circumstances described in this
clause; or
Release and
sale the followings Wellington Silva, Ryo, Sanogo, Flamin, Campbell (insert buy back
clause), Podolsik, Jon Toral Promote - Hayden and Zelalem Give more game time to them and Akpom,Gnabry,Bielik,Niles - Maitland Sign - Marco Verrat (if available or Scheinederlin), Dybala and another attacking CM to cover for aging Rosicky and Arteta (who should remain to guide youth and
provide their experiences when needed).
I was really shocked with this type of unprofessional behaviour and callous attitude.
Sales Manager is a typical
sales guy who will try to show that he is
providing you the best deal but will hide multiple
clauses which will eventually bump up the
sales price.
The due on
sale clause generally
provides that if you ever transfer the mortgaged property before paying off the mortgage then the mortgage lender has the right to immediately demand full repayment of the outstanding mortgage loan balance.
Finally, the court held unenforceable a
clause in the
sales contract that
provided if the class action waiver was unenforceable, the entire arbitration
clause would be unenforceable.
The listing agreement contained a holdover
clause which
provided that the vendor would pay Ariston a commission of 5 % of the
sale price in the event that the property was sold within six months after the expiry of the listing agreement to any party to whom Ariston introduced the property... [more]
The question in Quesnel v. Groupe Jean Coutu was whether a contractual
clause providing for a pharmacist - owner in the Jean Coutu chain of drugstores to pay a franchise fee on revenues from the
sale of medicines contravened public policy and s. 49 of the Code of Ethics of pharmacists in Quebec.
Due on
Sale — A
clause in a mortgage agreement
providing that, if the mortgagor (the borrower) sells, transfers or in some instances encumbers the property the mortgagee (the lender) has the right to demand the outstanding balance in full.
If the condition is for more than 10 days then the Seller's Agent should recommend an ESCAPE
clause be inserted into the offer so that the property can still be available for
sale but subject to the first refusal of the first Buyer,
PROVIDED THEY MEET THE CONDITION.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely
provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely
provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements
providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture
clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and
sale of real estate which did not contain a
clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using
sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of
sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
In these cases, the Professional Standards Manual
provides guidance for licensees and suggests relevant
clauses to include in a Contract of Purchase and
Sale.
If the Contract of Purchase and
Sale provides for a small initial deposit payable within a specified period of time after the acceptance of an offer, and the deposit is to be increased to a specified amount upon subject removal, use the following
clause in the contract:
Do for
sale by owner websites earn their several hundred dollars plus worth of fees for simply paying $ 50 dollars or so a month for a web site, supplying a sign worth $ 15, and
providing clauses and agreements of purchase and
sale that can be freely downloaded from many a lawyer web site?