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Agreement To Split Proceeds Of Sale
"I need an Agreement to Split Proceeds of Sale for a commercial property jointly owned by three business partners, where the proceeds will be distributed 40-30-30 after paying off the existing mortgage, with the sale expected to complete by March 2025."
1. Parties: Identifies and defines all parties to the agreement, including their full legal names, addresses, and any relevant capacity (e.g., trustee, executor)
2. Background: Outlines the context of the agreement, including details of the property being sold and the reason for splitting proceeds
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpretation
4. Property Details: Specific details of the property being sold, including legal description and current ownership structure
5. Sale Process: Obligations regarding the sale process, including appointment of agents, marketing, and acceptance of offers
6. Distribution of Proceeds: Details the exact split of proceeds, including percentages or fixed amounts, and the order of distribution
7. Payment Mechanism: Specifies how and when the proceeds will be distributed, including banking details and timing
8. Expenses and Adjustments: Addresses how selling costs, outstanding mortgages, and other expenses will be handled
9. Dispute Resolution: Process for resolving any disagreements about the sale or distribution of proceeds
10. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures
1. Tax Considerations: Used when specific tax arrangements need to be addressed, such as CGT implications or tax sharing arrangements
2. Mortgage Discharge: Required when there is an existing mortgage that needs to be discharged from sale proceeds
3. Real Estate Agent Arrangements: Included when parties need to agree on specific agent selection and commission arrangements
4. Special Conditions: For any unique circumstances affecting the sale or proceeds distribution
5. Third Party Claims: When there are potential claims against the property or proceeds that need to be addressed
6. Default and Remedy: Detailed provisions for what happens if a party fails to comply with their obligations
7. Power of Attorney: When one party needs authority to act on behalf of another regarding the sale
8. Sunset Clause: When the agreement needs to specify a timeframe within which the sale must occur
1. Schedule 1 - Property Details: Detailed description of the property, including title details and any encumbrances
2. Schedule 2 - Distribution Formula: Detailed breakdown of how proceeds will be calculated and distributed, including any priority payments
3. Schedule 3 - Expenses Schedule: List of agreed selling expenses and how they will be shared
4. Schedule 4 - Payment Details: Banking and payment information for all parties
5. Appendix A - Copy of Title: Current title search showing ownership and encumbrances
6. Appendix B - Valuation Report: If a formal valuation has been obtained, attached as reference
7. Appendix C - Existing Encumbrances: Copies of any mortgages, caveats, or other registered interests
Authors
Business Day
Completion
Completion Date
Contract of Sale
Deposit
Distribution Date
Effective Date
Encumbrances
Expenses
Gross Proceeds
Net Proceeds
Parties
Payment Details
Property
Purchaser
Real Estate Agent
Sale
Sale Price
Settlement
Settlement Agent
Share
Solicitor
Special Conditions
Stakeholder
Title
Transfer
Trust Account
Vendor
Definitions
Property Description
Sale Process
Distribution of Proceeds
Payment Terms
Expenses Allocation
Agent Appointment
Banking Arrangements
Dispute Resolution
Confidentiality
Warranties
Third Party Rights
Default and Remedies
Governing Law
Assignment
Notices
Severability
Entire Agreement
Amendment
Force Majeure
GST
Capital Gains Tax
Indemnification
Termination
Further Assurance
Real Estate
Legal Services
Financial Services
Property Development
Estate Management
Family Services
Business Services
Professional Services
Banking
Investment
Legal
Real Estate
Property Management
Finance
Business Development
Wealth Management
Settlements
Estate Planning
Family Law
Investment
Property Lawyer
Real Estate Agent
Conveyancer
Estate Manager
Property Manager
Financial Advisor
Legal Counsel
Settlement Agent
Business Partner
Trust Manager
Estate Planning Attorney
Property Development Manager
Family Lawyer
Business Development Manager
Investment Manager
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