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 South Carolina Harvey Waiver is an important legal document that is used in real estate transactions in the state of South Carolina. This waiver provides protection to buyers and sellers by exempting the seller of a property from any liability or responsibility for any hidden or latent defects in the property that were not disclosed during the sale. This waiver is commonly used to shield sellers from any legal claims that may arise after the sale of a property. It offers a level of protection for sellers against any claims made by the buyer for damages or defects that were not known to the seller at the time of the sale. This waiver is particularly important in real estate transactions as it ensures that the buyer is aware of any potential issues with the property before completing the purchase. There are different types of South Carolina Harvey waivers that can be used, depending on the specific circumstances of the transaction. These may include: 1. General South Carolina Harvey Waiver: This is the most common type of waiver used in real estate transactions. It exempts the seller from any liability related to undisclosed defects or issues with the property. 2. Limited South Carolina Harvey Waiver: This waiver is used when the seller discloses certain defects or issues with the property but wants to limit their liability only to those disclosed problems. It may specify certain defects that the buyer is aware of and agrees to accept without holding the seller accountable. 3. Seller's Disclosure South Carolina Harvey Waiver: This type of waiver is used when the seller provides a comprehensive disclosure statement regarding the property's condition, listing any known defects or issues. By signing this waiver, the buyer acknowledges receiving this disclosure and may waive any claims related to the disclosed conditions. 4. Buyer-Signed South Carolina Harvey Waiver: Although less common, this waiver may also be used. In this case, the buyer acknowledges that they have inspected the property and are aware of any existing defects or potential issues. By signing this waiver, the buyer assumes responsibility for any such problems discovered after the purchase. It is important for both buyers and sellers to understand the implications of the South Carolina Harvey Waiver before entering into a real estate transaction. Additionally, it is advisable to consult with a qualified real estate attorney to ensure that all necessary legal requirements are met and that the waiver is properly executed to protect both parties involved.
