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Texas Agreement for Sale of Business by Sole Proprietorship with Seller to Finance Part of Purchase Price

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Multi-State
Control #:
US-00642BG
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Word; 
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Description

This form involves the sale of a small business whereby the Seller will finance part of the purchase price by a promissory note secured by a mortgage or deed of trust and a security agreement evidenced by a UCC-1 financing statement.

The Texas Agreement for Sale of Business by Sole Proprietorship with Seller to Finance Part of Purchase Price is a legally binding document that outlines the terms and conditions for the sale of a business between a sole proprietor seller and a buyer. This agreement is specifically designed for transactions that involve the seller financing a portion of the purchase price. Under this agreement, the seller agrees to sell their sole proprietorship business and transfer ownership to the buyer. The buyer, in turn, agrees to purchase and take over the business, assuming all liabilities and responsibilities associated with it. The agreement includes important details such as the purchase price of the business, the amount of financing provided by the seller, and the terms of repayment. It outlines the specific payment schedule, interest rate (if applicable), and any penalties for late or missed payments. Furthermore, the agreement stipulates the seller's representations and warranties regarding the business being sold. This includes providing accurate financial records, disclosing any outstanding debts or obligations, and ensuring that the business is in good standing with all relevant authorities. In addition to the general Texas Agreement for Sale of Business by Sole Proprietorship with Seller to Finance Part of Purchase Price, there may be different variations or types of this agreement based on the specific industry or nature of the business being sold. For example: 1. Texas Agreement for Sale of Restaurant or Food-related Business by Sole Proprietorship with Seller to Finance Part of Purchase Price: This tailored agreement is specifically designed for the sale of restaurant or food-related businesses where the seller provides financing. 2. Texas Agreement for Sale of Retail Store or Merchandise Business by Sole Proprietorship with Seller to Finance Part of Purchase Price: This agreement is suitable for the sale of retail stores or businesses specializing in merchandise sales. It incorporates seller financing as part of the purchase price. Overall, the Texas Agreement for Sale of Business by Sole Proprietorship with Seller to Finance Part of Purchase Price is a comprehensive legal document that protects the interests of both the buyer and the seller. It ensures transparency, sets clear expectations, and facilitates a smooth transaction for the successful transfer of ownership of a sole proprietorship business.

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FAQ

Cons for BuyersHigher interest: The interest you pay will likely be higher than you would pay to a bank. Need seller approval: Even if a seller is game for owner financing, they might not want to be your lender.

A third (3rd) party financing addendum is attached to a sales contract that outlines the terms of a loan (e.g., conventional, FHA, VA) that is agreeable to the buyer in order to close on the property. The sales contract is usually contingent upon the buyer receiving the loan as detailed in the addendum.

Texas no longer allows owner-financing under last year's Texas House Bill 10 the SAFE Act unless the seller has a license. SAFE (which stands for Secure and Fair Enforcement for Mortgage Licensing Act) was passed in order to comply with a federal law of the same name.

Owner financed land (also called seller financed or owner will carry) is a form of land purchase where instead of getting a loan from the bank, you make payments directly to the seller until the loan is paid off. There are several advantages to you, as the buyer, of going the route of owner financed land.

Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.

Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.

In an owner financing arrangement, you borrow from the seller instead of a conventional lender such as bank. You pay a fixed amount of monthly installment to the owner for a fixed number of years. The seller can foreclose if you don't pay off the loan, just like a bank does.

What Should I Include in a Sales Contract?Identification of the Parties.Description of the Services and/or Goods.Payment Plan.Delivery.Inspection Period.Warranties.Miscellaneous Provisions.

A Business Purchase Agreement is a contract used to transfer the ownership of a business from a seller to a buyer. It includes the terms of the sale, what is or is not included in the sale price, and optional clauses and warranties to protect both the seller and the purchaser after the transaction has been completed.

Any commercial transaction, including the sale of a car from one person to another, can be completed with owner financing.(1)2026

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Texas Agreement for Sale of Business by Sole Proprietorship with Seller to Finance Part of Purchase Price