This form provides boilerplate contract clauses that give further assurances and pre-closing assurances to the various parties of the contract agreement. Several different language options are included to suit individual needs and circumstances.
Negotiating and Drafting Further Assurances and Pre-Closing Assurances Provisions
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FAQ
1 : the possession of land or chattels. 2 : the possession of a freehold estate in land by one having title thereto.
Obligations of all parties. Ownership. Termination rights. Confidentiality. Limitation/indemnification of liability.
A covenant of further assurances is the related promise that the grantor will do whatever is necessary to remove a defect associated with title, such as an encumbrance, if it arises, and if the problem is not fixed, damages will be awarded. The express promise of doing whatever is necessary is a huge promise.
Clauses are specific provisions or sections in your contract that address a specific aspect of the agreement. Clauses clearly define each party's duties, rights, and privileges under the terms of the contract.
They are (1) covenant for seisin; (2) covenant of the right to convey; (3) covenant against encumbrances; (4) covenant for QUIET ENJOYMENT; (5) covenant of general WARRANTY; and (6) covenant for further assurances.
A section, phrase, paragraph, or segment of a legal document, such as a contract, deed, will, or constitution, that relates to a particular point. A document is usually broken into several numbered components so that specific sections can be easily located.
A general warranty deed is a deed used to legally transfer real property from one person to another. This type of deed offers the most protection for the buyer.
A further assurances clause evidences the agreement of the contracting parties to do everything necessary to complete the transactions contemplated by the contract.A further assurances clause may indicate, for example, that the parties' intentions support the implication of a term requiring good faith performance.