Resolution for LLC to Sell Real Estate: A Detailed Description When a Limited Liability Company (LLC) decides to sell real estate, it must follow a legal process and adopt a resolution to authorize such a transaction. The resolution ensures that all members or managers of the LLC are in agreement with the sale, protecting the company's interests and providing a clear path for the deal to proceed. There are different types of resolutions for an LLC to sell real estate, including: 1. Member Resolution: In an LLC with multiple members, a member resolution is required to sell real estate. This resolution is adopted by a vote or written consent of a majority or specified percentage of members, ensuring that the decision to sell is in line with the company's operating agreement and the state's laws governing LCS. 2. Manager Resolution: If the LLC is managed by designated managers rather than its members, a manager resolution is needed. Similar to a member resolution, this type of resolution requires a vote or written consent from the managers, confirming their agreement on the sale of real estate. 3. Unanimous Consent Resolution: In some cases, an LLC may have provisions in its operating agreement or other legal documents requiring unanimous consent for major decisions, such as selling real estate. In such instances, a unanimous consent resolution must be adopted, ensuring that every member or manager approves the sale. The resolution for an LLC to sell real estate typically includes specific details to clarify the transaction, including: a. Description of the Property: The resolution must clearly identify the real estate being sold, providing its legal description, address, and any other relevant details that accurately describe the property. b. Sales Price and Terms: It is crucial to outline the proposed sales price, the terms of payment, and any other financial arrangements associated with the transaction. c. Authorization: The resolution authorizes one or more individuals to act on behalf of the LLC in executing all necessary documents, including listing agreements, purchase agreements, deeds, and other legal paperwork. d. Signatory Authority: The resolution specifies the persons authorized to sign the necessary documents on behalf of the LLC, ensuring proper representation and binding effect of the transaction. e. Conditions and Contingencies: The resolution may include any conditions or contingencies related to the sale. For example, it might stipulate the need for a certain minimum price, inspections, or necessary regulatory approvals. f. Effective Date: The resolution includes the effective date when it becomes valid and enforceable, allowing the LLC to proceed with the real estate sale. By adopting the appropriate resolution, an LLC ensures the legality and clarity of selling real estate. It protects all parties involved, showcases diligent decision-making, and enhances the transparency of the transaction.