This form is set up as a Buy Sell Agreement between co-owners of rental property. It applies in the case of the death or offer of a co-owner to sell his interest in the property during his lifetime.
A New Hampshire Buy Sell Agreement Between Co-Owners of Real Property is a legal contract established between individuals or entities who jointly own a piece of real estate in the state of New Hampshire. This agreement outlines the terms and conditions for buying and selling the shared property, providing a framework for the orderly transfer of ownership interests and addressing various scenarios that may arise during the co-ownership of the property. There are several types of New Hampshire Buy Sell Agreements Between Co-Owners of Real Property, each designed to cater to specific needs and situations: 1. Partnership Buy Sell Agreement: This type of agreement is commonly used by partners engaged in a business venture where the real estate is owned jointly. It addresses the partners' rights and obligations when it comes to buying or selling their ownership interests or the entire property. 2. Tenancy in Common Buy Sell Agreement: When individuals purchase a property together without specifying any specific ownership percentages, they form a tenancy in common. This agreement outlines the procedures for selling or buying the interests of co-owners in such scenarios. 3. Joint Tenancy with Right of Survivorship Buy Sell Agreement: In this type of agreement, co-owners share equal ownership interests, and if one co-owner passes away, their interest automatically transfers to the surviving co-owners. The agreement establishes guidelines for buying or selling co-ownerships during their lifetime and after the death of a joint tenant. 4. Limited Liability Company (LLC) Buy Sell Agreement: If the real property is owned by an LLC, this agreement specifies the procedures for buying or selling membership interests in the company, which indirectly transfers ownership of the property. The New Hampshire Buy Sell Agreement Between Co-Owners of Real Property typically includes various key elements and provisions: a. Identification of Co-Owners: The agreement must clearly state the names and contact information of all the co-owners involved in the property ownership. b. Sale Triggering Events: This section identifies the events or circumstances that would trigger a potential sale, such as a co-owner's death, divorce, bankruptcy, or desire to exit the co-ownership. c. Purchase Price: The agreement outlines the method for determining the purchase price of each co-owner's share, which could be based on appraisals, third-party offers, or predetermined formulas. d. Right of First Refusal: This provision grants co-owners the first opportunity to purchase the selling co-owner's share before it can be offered to external parties. e. Sale Process and Timeline: It outlines the procedures and timeline for executing the sale, including the responsibilities of each party, notice requirements, and the closing process. f. Dispute Resolution: The agreement may include a provision for resolving disputes or disagreements among the co-owners, such as mediation, arbitration, or litigation. g. Confidentiality and Non-Disclosure: To protect sensitive financial information, this provision details the obligations of the co-owners to maintain confidentiality regarding the sale and related negotiations. h. Governing Law: The agreement specifies that it is governed by the laws of New Hampshire, ensuring compliance with the state's regulations and requirements. i. Termination or Amendment: A section may be included to outline conditions under which the agreement can be terminated or modified, offering flexibility to adapt to changing circumstances. It is essential for co-owners of real property in New Hampshire to consult with a legal professional specializing in real estate law to draft a tailored Buy Sell Agreement that meets their specific needs and ensures a smooth transition of ownership interests in accordance with state laws.
A New Hampshire Buy Sell Agreement Between Co-Owners of Real Property is a legal contract established between individuals or entities who jointly own a piece of real estate in the state of New Hampshire. This agreement outlines the terms and conditions for buying and selling the shared property, providing a framework for the orderly transfer of ownership interests and addressing various scenarios that may arise during the co-ownership of the property. There are several types of New Hampshire Buy Sell Agreements Between Co-Owners of Real Property, each designed to cater to specific needs and situations: 1. Partnership Buy Sell Agreement: This type of agreement is commonly used by partners engaged in a business venture where the real estate is owned jointly. It addresses the partners' rights and obligations when it comes to buying or selling their ownership interests or the entire property. 2. Tenancy in Common Buy Sell Agreement: When individuals purchase a property together without specifying any specific ownership percentages, they form a tenancy in common. This agreement outlines the procedures for selling or buying the interests of co-owners in such scenarios. 3. Joint Tenancy with Right of Survivorship Buy Sell Agreement: In this type of agreement, co-owners share equal ownership interests, and if one co-owner passes away, their interest automatically transfers to the surviving co-owners. The agreement establishes guidelines for buying or selling co-ownerships during their lifetime and after the death of a joint tenant. 4. Limited Liability Company (LLC) Buy Sell Agreement: If the real property is owned by an LLC, this agreement specifies the procedures for buying or selling membership interests in the company, which indirectly transfers ownership of the property. The New Hampshire Buy Sell Agreement Between Co-Owners of Real Property typically includes various key elements and provisions: a. Identification of Co-Owners: The agreement must clearly state the names and contact information of all the co-owners involved in the property ownership. b. Sale Triggering Events: This section identifies the events or circumstances that would trigger a potential sale, such as a co-owner's death, divorce, bankruptcy, or desire to exit the co-ownership. c. Purchase Price: The agreement outlines the method for determining the purchase price of each co-owner's share, which could be based on appraisals, third-party offers, or predetermined formulas. d. Right of First Refusal: This provision grants co-owners the first opportunity to purchase the selling co-owner's share before it can be offered to external parties. e. Sale Process and Timeline: It outlines the procedures and timeline for executing the sale, including the responsibilities of each party, notice requirements, and the closing process. f. Dispute Resolution: The agreement may include a provision for resolving disputes or disagreements among the co-owners, such as mediation, arbitration, or litigation. g. Confidentiality and Non-Disclosure: To protect sensitive financial information, this provision details the obligations of the co-owners to maintain confidentiality regarding the sale and related negotiations. h. Governing Law: The agreement specifies that it is governed by the laws of New Hampshire, ensuring compliance with the state's regulations and requirements. i. Termination or Amendment: A section may be included to outline conditions under which the agreement can be terminated or modified, offering flexibility to adapt to changing circumstances. It is essential for co-owners of real property in New Hampshire to consult with a legal professional specializing in real estate law to draft a tailored Buy Sell Agreement that meets their specific needs and ensures a smooth transition of ownership interests in accordance with state laws.