Broward Florida Hotel Asset Purchase and Sale Agreement

State:
Multi-State
County:
Broward
Control #:
US-1340859BG
Format:
Word; 
Rich Text
Instant download

Description

The sale of a hotel or a motel, in addition to being the sale of real estate, is also the sale of the business and is therefore generally a very complicated transaction.

The Broward Florida Hotel Asset Purchase and Sale Agreement is a legally binding document that outlines the terms and conditions of buying and selling hotel assets in Broward County, Florida. This agreement is designed to protect the interests of both the buyer and the seller and to ensure a smooth transaction. This agreement includes various key elements such as the identification of the parties involved, the description and location of the hotel assets being sold, the purchase price, and the payment terms. It also covers important clauses like representations and warranties, covenants, closing conditions, and remedies in case of breach. There are different types of Broward Florida Hotel Asset Purchase and Sale Agreements available, depending on the specific requirements and circumstances of the transaction. Some of these variations include: 1. Full-Service Hotel Asset Purchase and Sale Agreement: This type of agreement is suitable for the purchase or sale of a large hotel property that offers a wide range of amenities and services such as restaurants, conference facilities, and spas. 2. Limited-Service Hotel Asset Purchase and Sale Agreement: This agreement is specifically designed for the purchase or sale of smaller hotel properties that offer fewer amenities and services compared to full-service hotels. It usually focuses on the core aspects of the hotel, such as the guest rooms and basic facilities. 3. Distressed Hotel Asset Purchase and Sale Agreement: This type of agreement is utilized when the hotel being sold is facing financial distress or foreclosure. It usually involves additional provisions, such as provisions for conducting due diligence on the hotel's financial status and potential liabilities. 4. Franchise Hotel Asset Purchase and Sale Agreement: This agreement is specifically tailored for the purchase or sale of a hotel that operates under a franchise agreement. It includes clauses related to the transfer of the franchise license and the compliance with the franchisor's standards. In conclusion, the Broward Florida Hotel Asset Purchase and Sale Agreement is a comprehensive legal document that covers the various aspects of buying and selling hotel assets in Broward County, Florida. It offers different types to cater to specific circumstances, such as full-service, limited-service, distressed, and franchise hotels.

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FAQ

Whilst an Agreement for Sale and Purchase has a host of standard conditions, there is also provision for adding any special conditions that buyers deem appropriate.

The short answer is yes under certain circumstances. In fact, it's not uncommon for homeowners to get cold feet and want out of a real estate contract. However, the choice to back out of a purchase agreement may come with added expense and potential legal consequences.

Can the buyer or seller cancel the transaction? Under Florida law (contract and case law), a buyer and/or seller is able, under certain circumstances, to terminate a residential real estate contract and walk away from the deal without penalty. One way a buyer can get out of a deal is by seeking rescission.

A buyer's agent prepares a purchase agreement as their client's formal offer on a property, then sends the offer to the seller's listing agent. The listing agent presents the document to the seller. If the seller isn't happy with the offer, they can decline or counteroffer, usually within 24 hours.

Since the buyer has a legal right to the property after the purchase agreement is signed, if a seller tries to back out, the buyer can file a lis pendens, or a lien, on the home. Even if the seller removes to vacate the premises, they're legally unable to sell the home to anyone else.

As discussed above, a purchase agreement should contain buyer and seller information, a legal description of the property, closing dates, earnest money deposit amounts, contingencies and other important information for the sale.

Your sale and purchase agreement should include the following: Your name(s) and the names of the seller(s). The address of the property. The type of title (for example, freehold or leasehold). The price. Any deposit you must pay. Any chattels being sold with the property (for example, whiteware or curtains).

Ultimately, Florida law does not offer sellers the statutory right to cancel an agreement for remorse or other frivolous reasons. Only a limited number of specific exceptions allows a seller to cancel a contract, so make sure to consult with an expert attorney.

However, there are some basic items that should be included in every purchase agreement. Buyer and seller information. Property details. Pricing and financing. Fixtures and appliances included/excluded in the sale. Closing and possession dates. Earnest money deposit amount. Closing costs and who is responsible for paying.

The 718.503 (1) section of the Florida Statutes section provides a fifteen-day rescission period to a buyer. During this period, a buyer with the help of can review all documents, clauses in them and cancel the contract for a residential condominium.

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Broward Florida Hotel Asset Purchase and Sale Agreement