An apartment cooperative will typically involved a corporation renting apartments to people who are also owners of stock in the corporation. The apartment complex is owned by the corporation.
Two basic documents are ordinarily involved in the transfer of a member's or stockholder's interest in a cooperative apartment corporation: (1) an agreement for the purchase and sale of the proprietary lease and the appurtenant membership or stock; and (2) the instrument of assignment.
The agreement of purchase and sale is similar in format to an agreement for the sale of real property. The seller agrees to assign all rights under the proprietary lease covering the unit, and to sell the membership or stock in the corporation. The seller also agrees to procure the consent of the corporation to the transfer if this is required in the proprietary lease. The purchaser agrees to pay the purchase price and to submit references to the corporation and otherwise cooperate in procuring its consent to the transfer, and also promises to execute an agreement in a form approved by the corporation by which the purchaser assumes and agrees to be bound by all covenants and conditions of the proprietary lease.
The instrument of assignment does not differ materially from an ordinary assignment of a lease of real property, except that the assignor's interest in the membership or stock in the corporation is assigned together with interests under the proprietary lease. Ordinarily, the assignor declares that there are no liens or other claims outstanding against the lease or the shares to be assigned, that there are no undischarged bankruptcy proceedings or unsatisfied judgments or tax liens outstanding against the assignor, and that the assignor has full right and authority to assign the lease and shares.
The Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment is a legal document that outlines the terms and conditions for the transfer of rights to a cooperative apartment within the city of Phoenix, Arizona. This agreement serves as a binding contract between the buyer and the seller, ensuring a smooth transaction and protecting the interests of both parties involved. The agreement includes several crucial details that must be clearly defined. These details typically involve the identification of the cooperative apartment being sold, the purchase price, and any contingencies or conditions that need to be satisfied before the sale is finalized. It also outlines the responsibilities of both the buyer and the seller, ensuring that rights, obligations, and liabilities are clearly delineated. There may be different types or variations of the Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment, depending on specific circumstances. Some common types of agreements might include: 1. Standard Agreement: This is the most basic and widely used form of the agreement, encompassing general terms and conditions applicable to most cooperative apartment sales in Phoenix. 2. Contingent Agreement: This type of agreement involves specific conditions that must be met before the sale can proceed. These conditions could include obtaining financing, satisfactory inspection results, or approval from the cooperative board. 3. As-Is Agreement: In this type of agreement, the buyer agrees to accept the property in its current condition without any warranties or guarantees from the seller. This type of agreement is generally used when the buyer is aware of existing issues or is planning extensive renovations. 4. Leasehold Agreement: In some cases, a cooperative apartment may be subject to a leasehold interest rather than outright ownership. This agreement outlines the terms of the leasehold and the transfer of rights associated with it. It's important to note that these are general examples, and the specific terms and conditions of any Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment may vary depending on the parties involved and their unique needs and requirements. It is highly recommended consulting with a qualified real estate attorney or professional to ensure that the agreement accurately reflects the intentions of both the buyer and the seller and complies with all applicable laws and regulations in Phoenix, Arizona.The Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment is a legal document that outlines the terms and conditions for the transfer of rights to a cooperative apartment within the city of Phoenix, Arizona. This agreement serves as a binding contract between the buyer and the seller, ensuring a smooth transaction and protecting the interests of both parties involved. The agreement includes several crucial details that must be clearly defined. These details typically involve the identification of the cooperative apartment being sold, the purchase price, and any contingencies or conditions that need to be satisfied before the sale is finalized. It also outlines the responsibilities of both the buyer and the seller, ensuring that rights, obligations, and liabilities are clearly delineated. There may be different types or variations of the Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment, depending on specific circumstances. Some common types of agreements might include: 1. Standard Agreement: This is the most basic and widely used form of the agreement, encompassing general terms and conditions applicable to most cooperative apartment sales in Phoenix. 2. Contingent Agreement: This type of agreement involves specific conditions that must be met before the sale can proceed. These conditions could include obtaining financing, satisfactory inspection results, or approval from the cooperative board. 3. As-Is Agreement: In this type of agreement, the buyer agrees to accept the property in its current condition without any warranties or guarantees from the seller. This type of agreement is generally used when the buyer is aware of existing issues or is planning extensive renovations. 4. Leasehold Agreement: In some cases, a cooperative apartment may be subject to a leasehold interest rather than outright ownership. This agreement outlines the terms of the leasehold and the transfer of rights associated with it. It's important to note that these are general examples, and the specific terms and conditions of any Phoenix Arizona Agreement for Purchase and Sale of Rights to Cooperative Apartment may vary depending on the parties involved and their unique needs and requirements. It is highly recommended consulting with a qualified real estate attorney or professional to ensure that the agreement accurately reflects the intentions of both the buyer and the seller and complies with all applicable laws and regulations in Phoenix, Arizona.