A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Oregon Harvey Waiver is a legal term commonly used within the real estate industry in Oregon. It refers to a specific type of document or agreement that grants a waiver to certain rights and protections typically provided to homebuyers under the Oregon Revised Statutes (ORS) Chapter 90. In general, the Harvey Waiver is used to acknowledge and waive the protections afforded to buyers under ORS 90.365, which requires sellers to deliver a property in habitable condition and maintain certain standards throughout the transaction. By signing a Harvey Waiver, the buyer agrees to accept the property in its current condition, including any defects or issues, effectively eliminating the seller's obligation to ensure habitability. There are several types of Oregon Harvey Waivers, each specifying the scope and extent of the waived rights and protections. These variations primarily depend on the explicit terms negotiated between the buyer and the seller, as well as the guidance provided by real estate professionals involved in the transaction. Some of the most common types include: 1. Full Harvey Waiver: This type of waiver completely relinquishes the buyer's rights to demand any repairs or corrections from the seller, assuming full responsibility for any potential issues discovered after the purchase. 2. Partial Harvey Waiver: In this variation, the buyer agrees to waive some specific rights outlined in ORS 90.365 but retains certain protections or requests limited repairs to be completed by the seller. 3. As-Is Harvey Waiver: This waiver explicitly states that the buyer accepts the property "as-is," signifying that the seller shall have no responsibility for any conditions, defects, or repairs needed upon the completion of the transaction. It is crucial to understand that the Oregon Harvey Waiver is a legally binding document with potential implications for both buyers and sellers. It is advisable for all parties involved to consult with a qualified real estate attorney or agent to ensure a thorough understanding of the terms and potential consequences of signing the waiver. Overall, the Oregon Harvey Waiver is a critical element in real estate transactions that allows buyers to acknowledge potential defects or issues with a property and waive their associated rights and protections under ORS 90.365. By familiarizing themselves with the different types of waivers available, buyers can make informed decisions regarding the scope of contractual obligations and potential risks involved in purchasing a property.The Oregon Harvey Waiver is a legal term commonly used within the real estate industry in Oregon. It refers to a specific type of document or agreement that grants a waiver to certain rights and protections typically provided to homebuyers under the Oregon Revised Statutes (ORS) Chapter 90. In general, the Harvey Waiver is used to acknowledge and waive the protections afforded to buyers under ORS 90.365, which requires sellers to deliver a property in habitable condition and maintain certain standards throughout the transaction. By signing a Harvey Waiver, the buyer agrees to accept the property in its current condition, including any defects or issues, effectively eliminating the seller's obligation to ensure habitability. There are several types of Oregon Harvey Waivers, each specifying the scope and extent of the waived rights and protections. These variations primarily depend on the explicit terms negotiated between the buyer and the seller, as well as the guidance provided by real estate professionals involved in the transaction. Some of the most common types include: 1. Full Harvey Waiver: This type of waiver completely relinquishes the buyer's rights to demand any repairs or corrections from the seller, assuming full responsibility for any potential issues discovered after the purchase. 2. Partial Harvey Waiver: In this variation, the buyer agrees to waive some specific rights outlined in ORS 90.365 but retains certain protections or requests limited repairs to be completed by the seller. 3. As-Is Harvey Waiver: This waiver explicitly states that the buyer accepts the property "as-is," signifying that the seller shall have no responsibility for any conditions, defects, or repairs needed upon the completion of the transaction. It is crucial to understand that the Oregon Harvey Waiver is a legally binding document with potential implications for both buyers and sellers. It is advisable for all parties involved to consult with a qualified real estate attorney or agent to ensure a thorough understanding of the terms and potential consequences of signing the waiver. Overall, the Oregon Harvey Waiver is a critical element in real estate transactions that allows buyers to acknowledge potential defects or issues with a property and waive their associated rights and protections under ORS 90.365. By familiarizing themselves with the different types of waivers available, buyers can make informed decisions regarding the scope of contractual obligations and potential risks involved in purchasing a property.
