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Rescission as a Remedy to Parties Where a Business or Real Estate Contract has Been Entered Into Based on Duress, Fraud or Mistake. Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the agreement.
A mutual rescission and release agreement annuls the contract and releases both parties from its obligations, freeing them both up to continue business as usual without the broken contract hanging over their them.
Rescinding a real estate contract gives you a way to back out of a deal for various reasons. A rescission puts you in the same place you were before you signed a contract.
A rescission is also referred to as an unmaking of a contract. When a mutual release agreement and rescission are drafted well, they represent a definitive ending point for the commitments of each party. These documents can also help the involved parties avoid any disputes or misunderstandings in the future.
Rescission rights are most often used as a remedy by a dissatisfied buyer in a real estate transaction, particularly in a flat or declining real estate market. A contract can be rescinded by the consent of all parties, regardless of its express terms.
A Mutual Release Agreement is a straightforward document that allows you to settle disputes quickly and professionally. No matter what your dispute, a Mutual Release Agreement allows both parties to agree to drop all claims and get out of the contract.
The act of putting an end to a contract by mutual agreement of the parties.
A mutual rescission and release agreement annuls the contract and releases both parties from its obligations, freeing them both up to continue business as usual without the broken contract hanging over their them.