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The purpose of an estoppel certificate is usually twofold: (1) to give a prospective purchaser or lender accurate information about the lease and the leased premises and (2) to give assurance to the purchaser that the tenant at a later date will not make claims that are inconsistent with the statements contained in the ...
Estoppel basically means that someone is certifying something to be true so they can't later go back and claim something contrary to that first statement. The estoppel certificate certifies the current loan balance to the buyer in a loan assumption agreement.
In most common cases, an estoppel letter includes: The start (and in some cases, end) date of the lease. The date to which rent has been paid. Confirmation that the tenants are paying what the landlords say they are.
An estoppel certificate establishes the current status of the lease terms for a third party. Generally, the certificate requests that the Tenant verify that the rent is current or whether the Tenant has any potential claims against the Landlord.
What Is Estoppel? The term estoppel refers to a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. Put simply, estoppel prevents one person from contradicting an action or statement from the past.
These certificates are most often used to pacify lenders, investors, and buyers that are becoming involved in a property. For example, estoppel agreements are standard practice when financing, refinancing, or transferring ownership.
An estoppel certificate gives landlords, investors and lenders additional security that the tenant's promises will be kept. They also benefit tenants as the document confirms that the landlord will not change any agreed-upon terms to the lease.