Navigating Attornment Agreements

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

The importance of attornment agreements in business relationships cannot be understated. Legally binding contracts, they are designed to ensure that both parties are aware of and understand their rights, obligations, and liabilities; protecting them in the event of any dispute or disagreement.

Though the terms of an agreement will vary depending on the nature and context of the relationship, attornment documents typically provide clarity on both sides as to who is responsible for what - giving structure to a business relationship. They may also feature limitations or restrictions, such as restrictions over fund or asset transfers; allowing disputes to be avoided before they even arise.

In addition to these proactive measures undertaken by an attornment agreement, they can also serve as a form of evidence if needed in legal proceedings. A well-drafted document offers clear guidance and understanding - minimizing confusion and potential differences between parties prior to any issues arising. As such, an agreement not only prevents costly lawsuits but also ensures that all sides know where they stand within their business arrangement.

At Genie AI we have seen firsthand how beneficial attornment agreements can be for all involved in a business relationship. Our millions-strong open source legal template library offer users access to standard market fittings for their needs - enabling them to draft useful documents without expensive solicitors’ fees or having a Genie AI account at any stage during the process! We’re passionate about providing guidance for those navigating attornment agreements; read on below for our step-by-step guidance and information on how you can access our template library today.

Definitions

Contents

1. What is an Attornment Agreement?
2. Reasons for Creating an Attornment Agreement
3. The Elements of an Attornment Agreement
4. Identification of Parties
5. Description of Property
6. Grant of Rights and Obligations
7. Representations and Warranties
8. Conditions Precedent
9. Choice of Law
10. Severability
11. Successors and Assigns
12. Dispute Resolution
13. Notices
14. Counterparts
15. Signatures
16. How to Draft an Attornment Agreement
17. Identify Parties
18. Determine the Property
19. Set out Rights and Obligations
20. Include Representations and Warranties
21. Set Conditions Precedent
22. Select a Choice of Law
23. Include a Severability Clause
24. Set out Successors and Assigns
25. Agree on Dispute Resolution
26. Establish Notices Requirements
27. Provide for Counterparts
28. Signatures
29. How to Negotiate an Attornment Agreement
30. Identify Negotiating Points
31. Discuss Priorities
32. Consider Compromises
33. Finalize Agreement
34. Tips for Reviewing an Attornment Agreement
35. Compare Agreement to Statutes and Regulations
36. Check for Errors
37. Confirm Agreement Satisfies Purpose
38. Ensure Agreement Fulfills Obligations
39. Review for Unclear Terms
40. Common Mistakes to Avoid when Creating or Reviewing an Attornment Agreement
41. Failing to Follow Statutes and Regulations
42. Using Outdated Forms
43. Omitting Important Provisions
44. Overlooking Legal Advice
45. Not Considering Possible Negotiations
46. How to Enforce an Attornment Agreement
47. File Suit
48. Negotiate a Settlement
49. Seek Damages
50. Request an Injunction
51. Recover Attorney’s Fees
52. What Happens if an Attornment Agreement is Breached?
53. Damages
54. Specific Performance
55. Cancellation of Agreement
56. Injunction

Get started

What is an Attornment Agreement?

• Understand what an attornment agreement is and why it is used.
• An attornment agreement is a legal document between two parties that outlines the rights and responsibilities of each side in relation to an existing or proposed lease.
• It is used to establish a formal relationship between the tenant and the landlord, and it sets out the terms and conditions of the tenancy.
• When an attornment agreement is established, both parties agree to abide by the terms of the agreement.
• You will know when you have completed this step when you have a clear understanding of what an attornment agreement is and why it is used.

Reasons for Creating an Attornment Agreement

• To solidify an agreement between two or more parties
• To provide evidence of an agreement
• To ensure that all parties understand their mutual obligations and responsibilities
• To protect the interests of all parties involved
• To provide a legal remedy in the event of a breach of contract
• To guarantee that all parties will adhere to the terms of the agreement

You can check this off your list once you have a clear understanding of the reasons for creating an attornment agreement.

The Elements of an Attornment Agreement

• Understand the purpose of the attornment agreement, which is to recognize the change in ownership of the property
• Establish the details of the property being transferred
• Identify the parties involved in the agreement
• Include clauses that state the rights and obligations of the parties
• Have both parties sign the agreement

Once you have all of the above elements in place, you can check this step off your list and move on to the next step.

Identification of Parties

• Identify the parties involved in the attornment agreement
• Determine the legal names and addresses of each party, and their roles and rights in the agreement
• Ensure that all parties involved in the agreement are clearly and accurately identified
• Once the parties and their roles have been identified, the attornment agreement can be completed
• The parties can then sign and date the agreement to make it legal and binding
• Check this step off your list and move on to the next step: Description of Property

Description of Property

• Identify the property that is the subject of the attornment agreement
• Include what type of property it is and any legal description or address
• Indicate whether the property is owned or leased
• Specify the date of the attornment agreement
• Confirm the parties involved in the attornment agreement
• Check that all the details listed are accurate

Once you’ve included all the required information related to the property, you can check off this step and proceed to the next step, which is the Grant of Rights and Obligations.

Grant of Rights and Obligations

• Determine who will be the grantor and grantee of the Attornment Agreement
• Specify the rights and obligations granted by the grantor to the grantee
• Identify the duration of the grant
• Note any limitations or restrictions on the grant
• Add any additional clauses or conditions to the grant
• Check that all details are correct and accurate
• Sign and date the Attornment Agreement
• Once the Attornment Agreement is signed and dated, you can move on to the next step, Representations and Warranties.

Representations and Warranties

• Ensure that the representations and warranties of each party are clearly defined and accurately reflect the obligations of each party.
• Consider including representations and warranties that are common for attornment agreements, such as warranties that the signing party is legally authorized to enter into the agreement.
• Verify that each party has the necessary resources to fulfill their obligations under the agreement and that no conflicting obligations exist.
• Once all representations and warranties have been accurately defined and agreed upon, you can check this step off of your list and move on to the next step.

Conditions Precedent

• Review the document to ensure it outlines the proper conditions precedent, such as making sure the buyer has received all required approvals, or that the buyer has obtained the necessary financing in order to close the transaction.
• Ensure that the conditions precedent are reasonable and should be able to be satisfied in a reasonable period of time.
• Make sure all conditions precedent are included in the document and that there is nothing missing that would impede the completion of the transaction.
• Ensure that there are no conditions which are impossible to satisfy, or which would require an unreasonable amount of effort or resources to satisfy.
• Confirm that all conditions precedent are measurable and can be objectively determined as to whether or not they have been satisfied.
• Once all conditions precedent are complete, you can then move on to the next step, which is Choice of Law.

Choice of Law

• Research applicable state laws for the attornment agreement
• Determine which state’s laws will apply to the agreement
• Include a clause in the agreement that states the agreement will be governed by the laws of the chosen state
• Make sure that all parties understand the chosen state’s laws and agree to be bound by them
• Check off this step when the clause has been added to the agreement and all parties agree to it.

Severability

• Read the language of the agreement to understand the concept of severability
• Determine which parts of the agreement would be considered severable, and which would not be considered severable
• Ensure that the severable parts are clearly separated from the non-severable parts
• Make sure that any language regarding severability is clearly stated and unambiguous
• Check that any language regarding severability is consistent with the terms of the agreement
• When you have determined which parts of the agreement are severable and which are not, you can check off this step and move on to the next step “Successors and Assigns”.

Successors and Assigns

• Review the language in the successors and assigns section to ensure that any successors or assigns can be held accountable for the terms of the agreement.
• If necessary, make amendments to the language in the successors and assigns section.
• Make sure that all parties sign the agreement and agree to the terms.
• Once all parties have signed and agreed to the terms, you can move on to the next step in your attornment agreement.

Dispute Resolution

• Identify if the agreement requires arbitration or litigation to resolve a dispute - this will determine how you will proceed
• If arbitration is required, consider selecting an arbitration service provider and selecting a venue
• If litigation is required, determine the court with jurisdiction to hear the dispute and determine if any venue selection is necessary
• Confirm the agreement includes a clause that requires disputes to be resolved in the appropriate court
• Check that the agreement includes a clause that requires each party to bear its own costs associated with resolving a dispute

You can check this step off your list and move on to the next step when you have confirmed that the agreement includes the necessary clauses for dispute resolution.

Notices

• Understand the notices required when negotiating an attornment agreement
• Determine the type of notice that should be sent to the other party (e.g. written, oral, etc.)
• Establish the recipient of the notice (e.g. an individual or an entity)
• Draft the language of the notice and ensure it meets the legal requirements
• Send the notice to the recipient and confirm receipt
• Know when the notice is deemed to be received and the effective date of the notice
• Once notices have been exchanged, the attornment agreement can move forward
• Check off this step and proceed to the next step: ### Counterparts

Counterparts

• Verify that the attornment agreement contains the same language and each of the parties has the same version of the agreement.
• Confirm that all the necessary parties have signed the agreement.
• Check that all parties have provided full legal names and titles.
• Ensure that all parties have provided their full contact information.
• Make sure all of the parties have provided the correct addresses for service and notices.
• Verify that all of the parties have provided the correct contact information for their corporate representatives.
• Once all of the above is confirmed and the agreement has been signed by all parties, the counterparts step is complete.

Signatures

• Obtain the signature of all parties involved on the agreement.
• Make sure all signatures are legible and contain all of the required information.
• Once all signatures are in place, the attornment agreement has been completed.

How to Draft an Attornment Agreement

• Gather all necessary information regarding the parties involved in the agreement, such as names, addresses, contact information, and other relevant identifying details
• Create an outline of the agreement and identify all the sections you need to include
• Draft each section of the agreement, making sure to include all relevant legal language
• Ensure that all sections of the agreement are clear and concise
• Ensure that all parties are identified clearly and that all parties have had the opportunity to review and understand the agreement
• Review the agreement for any errors or omissions
• Have all parties sign the agreement in the presence of a notary public
• You will know that you have completed this step when all parties have signed the agreement and the notary has verified their signatures.

Identify Parties

• Determine who the parties involved in the attornment agreement are.
• Identify the parties by name and address.
• Research the parties to make sure they are legally able to be involved in an attornment agreement.
• When the parties involved have been identified and their legal ability to be involved in an attornment agreement has been verified, you can move on to the next step.

Determine the Property

• Identify the property which is subject to the attornment agreement
• Determine the legal description of the property, including any physical features of the land
• Research the title of the property and any liens or encumbrances that may be attached
• Determine if there are any additional parties involved in the attornment that need to be included
• Check with local authorities to ensure the property is properly zoned

Once you’ve identified the property, researched the title and determined any additional parties, you can check this step off your list and move on to the next step.

Set out Rights and Obligations

• Outline the rights and obligations of the parties to the attornment agreement.
• This includes the right to access the property and the right to terminate the agreement.
• Specify who will bear the costs associated with the attornment agreement, such as taxes and insurance.
• Make sure the document includes indemnification clauses to protect both parties against any liabilities or damages arising from the agreement.
• Make sure all clauses are in accordance with applicable laws and regulations.
• Once all rights and obligations have been set out in the document, you can move on to the next step.

Include Representations and Warranties

• Draft a list of representations and warranties that either party must give to the other in order for the agreement to be enforceable
• Include a clause specifying how long any representations and warranties that are made remain in effect
• Have each party review and sign off on the representations and warranties to confirm their accuracy
• Once both parties have agreed to the representations and warranties, the step can be checked off and the parties can move on to the next step.

Set Conditions Precedent

• Identify the conditions precedent that must be met for the agreement to be effective.
• Make sure that all conditions precedent can be met, and that they’re reasonable.
• Include details in the agreement about how, when, and where the conditions precedent must be met.
• Make sure that all conditions precedent are stated clearly and unambiguously.
• When all conditions precedent have been met and documented, the agreement can be considered effective and you can move on to the next step.

Select a Choice of Law

• Research the laws of the state you are entering into the agreement.
• Consider the laws of the state where the parties to the agreement reside.
• Select the law that provides the most benefits and protections for the parties to the agreement.
• Enter the chosen state’s name in the agreement.
• You can check this off your list when the selected choice of law has been entered in the agreement.

Include a Severability Clause

• Consider the purpose of the agreement and the language of the governing law to determine if a severability clause should be included
• A severability clause provides protection in the event a court finds that one or more portions of the agreement are unenforceable
• If it’s necessary, add a severability clause to the agreement
• The clause should typically state that if any provision of the agreement is found to be invalid or unenforceable, the remaining provisions shall be unaffected and remain in full force and effect
• When finished, review the severability clause to ensure it’s accurate and properly drafted
• Once you’re satisfied with the clause, you can check this off your list and move on to the next step: setting out successors and assigns.

Set out Successors and Assigns

• Identify the parties that should be included in the Successors and Assigns clause.
• Draft language that will ensure the assignee is bound by the same terms and conditions of the agreement as the original parties.
• Ensure the language of the Successors and Assigns clause is broad enough to include any changes in the ownership of the business, including any possible mergers or acquisitions.
• Review and revise the Successors and Assigns clause to ensure all necessary parties are included.
• When the Successors and Assigns clause has been drafted and reviewed, it can be included in the agreement.

Agree on Dispute Resolution

• Negotiate the language of the dispute resolution clause, including what methods of dispute resolution will be used (e.g., arbitration, mediation, or litigation)
• Address which laws and regulations are applicable to the dispute resolution process
• Document the agreement in the attornment agreement
• Once all parties have agreed to the dispute resolution clause, check off this step and move on to the next step, which is to establish notices requirements.

Establish Notices Requirements

• Determine the parties who should receive notices
• Agree on how notices will be sent (e.g. email, letter, etc.)
• Specify how much time each party has to respond to a notice
• Set a deadline for notices to be received
• Establish the format for notices
• Decide who is responsible for providing the notices

Once all the notice requirements are agreed upon and documented, you will be able to move on to the next step of providing for counterparts.

Provide for Counterparts

• Designate a party authorized to sign the agreement
• Determine the type of attornment agreement
• Set the attornment agreement’s effective date
• Include details about the property or obligation being attorned
• Provide for enough copies for all parties to execute their own copies
• Check to make sure the attornment agreement is in compliance with all applicable laws and regulations

Once all of these points are addressed and agreed upon, the step of providing for counterparts is complete and you can move on to the next step of signatures.

Signatures

• Gather the signatures of all parties involved in the agreement
• Obtain a notarized signature from a notary public for legally binding agreements
• Ensure all signatures are in accordance with the agreement
• Once all signatures are collected, the agreement is complete and can be filed with the appropriate court or authority
• You can check this step off your list and move on to the next step of negotiating the attornment agreement.

How to Negotiate an Attornment Agreement

• Research the facts of the attornment agreement, including the terms, obligations, etc.
• Make a list of points to negotiate and consider what terms are most important to each party
• Outline a plan for negotiation that is based on both parties’ needs and interests
• Present your case to the other party in a calm and professional manner
• Listen to the other party and be prepared to compromise
• Document any agreements made into a written contract
• Once both parties have agreed to the terms of the attornment agreement, check it off your list and move on to the next step.

Identify Negotiating Points

• Review the current documents related to the Attornment Agreement
• Analyze the points of negotiation in the current agreement
• Identify the parties involved, their interests, and any potential points of disagreement
• Make a list of all points to be negotiated, and prioritize them based on importance
• Check your list to ensure that all points have been identified and prioritized

Once you have identified and prioritized all the points that need to be negotiated, you can move on to the next step of Discussing Priorities.

Discuss Priorities

• Understand the priorities of all involved parties
• Listen to each side’s points of view and take notes
• Consider the short-term and long-term implications of any agreement
• Be patient and respectful during the discussion
• Once all parties understand the other’s priorities, move on to the next step
• Keep the discussion focused on the priorities and the needs of all parties
• Make sure everyone is on the same page before moving forward
• When everyone agrees on the priorities, the negotiation process can continue to the next step.

Consider Compromises

• Discuss potential compromises that would satisfy both parties
• Consider the needs of both parties and try to reach a mutually beneficial agreement
• Brainstorm solutions that would be acceptable to both parties
• Reach a compromise that both parties can agree on
• You will know you can move on to the next step when both parties have agreed to the compromise and accepted the terms of the agreement.

Finalize Agreement

• Review the agreement at least one more time to make sure all parties have agreed on the terms
• Ask any questions or raise any concerns you may have about the content of the agreement
• Obtain signatures from all necessary parties, ensuring that all signatures are legally binding
• Make copies of the signed agreement for all parties involved
• When all necessary parties have signed the agreement, you can be sure that it is ready to be enforced.

Tips for Reviewing an Attornment Agreement

• Carefully read the entire agreement to understand the scope of the agreement and its obligations
• Make sure to consider all relevant state and federal laws that may apply to the agreement
• Be aware of any deadlines or timelines included in the agreement
• Pay close attention to any clauses or language that might alter the agreement in the event of a change in circumstances
• Review and consider any attached exhibits or addendums that could affect the agreement
• Ensure that all parties’ names, addresses, and signatures are included
• When you’re done, double-check that the agreement is complete and accurate
• Check off this step when you are confident that the agreement is compliant with all applicable laws and that it properly reflects the scope of the agreement.

Compare Agreement to Statutes and Regulations

• Research statutes and regulations relevant to the agreement
• Identify any discrepancies between the terms of the agreement and the applicable statutes and regulations
• Take note of any areas that may need to be amended to align the agreement with the statutes and regulations
• Make sure the attornment agreement is compliant with all relevant laws
• Once you have verified that the agreement meets all legal requirements, you can move on to the next step of checking for errors.

Check for Errors

• Read the attornment agreement carefully and ensure there are no errors or typos
• Check for any discrepancies between the agreement and local and state laws or regulations
• Ensure all proper signatures and notarizations are present
• Ensure all required language is included in the agreement
• Once you have identified and corrected any errors and discrepancies, you can move on to the next step.

Confirm Agreement Satisfies Purpose

• Read through the agreement to ensure that it meets the required purpose
• Check to see if the agreement contains any clauses that are not needed for the purpose
• Make sure that your agreement is specific enough to cover all the requirements for the purpose
• Ensure that the agreement does not contain any conflicting points
• Ask yourself if the agreement encompasses all the rights and responsibilities of the parties involved
• Cross-check the terms of the agreement with any other relevant documents
• When you are satisfied that the agreement satisfies the purpose, you can check this off your list and move on to the next step.

Ensure Agreement Fulfills Obligations

• Read the agreement carefully to identify any obligations and make sure that they are clearly stated and understood
• Ensure that all obligations are achievable, realistic and fit with the purpose of the agreement
• Confirm that all obligations are properly documented in the agreement
• Review the agreement to make sure that all obligations are enforceable by law
• Double-check that all parties involved agree to the obligations outlined in the agreement
• Once all obligations are confirmed, you can move on to the next step of reviewing for unclear terms.

Review for Unclear Terms

• Carefully read through the agreement and note any terms that are vague or unclear.
• Identify any areas that are missing information, such as deadlines, payment amounts, etc.
• Use your best judgment in determining what is meant by the uncertain terms.
• Discuss the uncertain terms with the other party and attempt to gain clarification.
• Make any necessary changes to the agreement to ensure clarity.
• Once all of the uncertain terms are clarified and/or edited, proceed to the next step.

Common Mistakes to Avoid when Creating or Reviewing an Attornment Agreement

• Ensure the attornment agreement is drafted in accordance with applicable laws, regulations and statutes
• Avoid ambiguous language or terms that could be interpreted differently
• Confirm that the attornment agreement is enforced and accepted in the region or jurisdiction where it is applicable
• Make sure that the parties are clearly identified
• Ensure that the attornment agreement includes the appropriate legal remedies and protections
• Make sure that all the parties involved have provided the necessary signatures or other forms of approval
• Confirm that the attornment agreement is properly recorded and filed

When you have completed this step, you should have a clear understanding of common mistakes to avoid when creating or reviewing an attornment agreement, and have taken all necessary steps to avoid them.

Failing to Follow Statutes and Regulations

• Ensure that you are familiar with the applicable statutes, regulations, and local rules that relate to attornment agreements and the specific situation you are dealing with.
• Be aware that different states have different attornment requirements, so it’s important to understand all of the relevant laws and regulations.
• Always be sure to review all the necessary legal documents and make sure that all parties are in agreement before you sign any attornment agreements.
• When you are confident that all legal requirements are met, you can move on to the next step.

Using Outdated Forms

• Locate the most current form of an attornment agreement and make sure it is compliant with your state or local laws.
• Ensure that you and your client are both using the most recently updated version.
• Double check the form to make sure all the terms are correct, as many forms have been adapted over time.
• Once you have verified that the form is up-to-date, you can move on to the next step.

Omitting Important Provisions

• Take the time to read through the attornment agreement and make sure all of the necessary provisions are included.
• Take note of any common provisions that may be omitted from the agreement, such as the agreement’s effective date, the parties’ obligations, and the agreement’s termination date.
• Work with a legal professional if necessary to ensure that all of the important provisions are included in the agreement, and that they are accurately drafted and legally sound.
• Once all of the necessary provisions have been included in the attornment agreement, you can move on to the next step.

Overlooking Legal Advice

• Have a lawyer review the agreement and verify that the terms of the attornment agreement are legally sound.
• Make sure the agreement doesn’t contain any invalid or illegal terms.
• Seek advice from a qualified professional to ensure that the attornment agreement is enforceable and valid.
• Consider the legal implications of any decisions you make in relation to the attornment agreement.
• When you are confident that the agreement is legally compliant, you can move on to the next step.

Not Considering Possible Negotiations

• Understand the purpose of an attornment agreement, which is to acknowledge that a landlord/tenant relationship exists
• Review the agreement to ensure it is in accordance with applicable state and local laws
• Research the terms of the agreement to ensure that all parties understand the obligations, rights, and liabilities of each party
• Consider negotiating with the other party to modify any terms that may not be in your favor before signing the agreement
• Make sure both parties have signed the agreement before proceeding to the next step

How to Enforce an Attornment Agreement

• Prepare a complaint outlining the breach of the attornment agreement.
• Provide evidence that the attornment agreement was violated.
• Serve the complaint on the other party.
• File the complaint in court and await a response.
• If the other party does not respond to the complaint, you may pursue a default judgement.
• Once a judgement is reached, you can enforce the attornment agreement.

You will know you can check this step off the list and move on to the next step when you have either reached a judgement or have obtained a default judgement.

File Suit

• Determine the jurisdiction in which to file the lawsuit.
• Prepare and file the complaint in the appropriate court.
• Serve the defendant with the complaint and summons.
• Wait for the defendant to respond to the complaint.
• Once you receive the response, the court will set a hearing date.
• Attend the hearing, present your evidence, and argue your case.

Once you have completed the filing of the lawsuit, you can move on to the next step of negotiating a settlement.

Negotiate a Settlement

• Research the other party’s position and facts of the case to better understand their motivations and interests
• Reach out to the other party and initiate negotiations
• Discuss possible solutions and compromises that could benefit both parties
• Negotiate and refine the details of a settlement agreement until both parties are satisfied
• Finalize and sign the settlement agreement
• You will know you can check this step off the list when both parties have reached a mutually agreeable settlement and have signed the agreement.

Seek Damages

• Determine the damages that you are seeking from the other party
• Calculate the amount of damages that you are legally entitled to
• Prepare a demand letter requesting the other party to pay the damages
• Send the demand letter to the other party
• If the other party refuses to pay the damages, consider filing a lawsuit
• Monitor the response from the other party to ensure that the damages are paid

You will know that you can check this off your list and move on to the next step when the other party has either paid the damages or has refused to pay the damages and you have decided to file a lawsuit.

Request an Injunction

• Research the relevant state laws and court procedures for seeking an injunction
• Prepare and file a formal request for an injunction with the court
• Serve all necessary parties with the injunction request
• Attend any hearings that may be scheduled
• Follow up with the court after the hearing to make sure the injunction has been granted

You will know that you can check this step off your list when the injunction has been granted by the court.

Recover Attorney’s Fees

• Draft a demand letter to the opposing party, outlining the breach and requesting the attorney’s fees.
• Send the demand letter to the opposing party and wait for a response.
• If the opposing party does not respond to the demand letter or refuses to pay, you may need to file a lawsuit for the attorney’s fees.
• Once the attorney’s fees have been recovered, you can check this off your list and move on to the next step.

What Happens if an Attornment Agreement is Breached?

• Understand the consequences of breaching an attornment agreement
• Know what kind of remedies are available to the non-breaching party
• Be aware of the legal remedies that may be pursued, including possible monetary damages
• Familiarize yourself with the governing state or federal law for attornment agreements
• Consider having a lawyer review any attornment agreement before signing
• Check off this step and move on to the next step when you are familiar with the potential consequences and remedies for a breach of an attornment agreement.

Damages

• Understand the various types of damages that can be included in an attornment agreement
• Determine which type of damages are most appropriate for your attornment agreement
• Have a clear definition of the damages stipulated in the agreement
• Ensure that the damages are measurable, and that the amount can be objectively determined
• Keep records of all damages incurred

When you have a clear understanding of the type of damages that may be included in an attornment agreement, you can check this off your list and move on to the next step.

Specific Performance

• Determine whether or not specific performance is possible in your case.
• If specific performance is possible, discuss the potential implications with both parties.
• Consider any relevant factors such as the cost of completing the contract and the nature of the breach.
• Consider the potential for a negotiated resolution or alternative remedies.
• Draft and negotiate the appropriate specific performance language in the agreement.
• Finalize the agreement and record the details of the specific performance provisions.
• Have both parties sign and date the agreement.

Once these steps have been completed, you can move on to the next step: Cancellation of Agreement.

Cancellation of Agreement

• Understand the laws and regulations of your jurisdiction governing the cancellation of an attornment agreement
• Consult a lawyer or another legal expert to ensure that the cancellation action is valid, legal, and compliant with the governing laws
• Draft the cancellation of the attornment agreement, ensuring that all required elements are included
• File the cancellation of the attornment agreement
• Serve a copy of the cancellation to all parties involved in the agreement
• After the cancellation of the attornment agreement has been served to all parties and the time period for filing an objection has passed, the cancellation of the attornment agreement is finished and effective.

Injunction

• Consult a qualified legal professional to determine if an injunction should be requested
• Make sure all relevant parties are made aware of the injunction request
• Prepare a statement of facts in support of the injunction request
• File the injunction request with the court
• Serve copies of the injunction request to all relevant parties
• Attend any court hearings related to the injunction request
• Once the court has issued its ruling, take any necessary actions to comply with the injunction
• When all necessary actions to comply with the injunction are complete, the step is complete

FAQ

Q: What is the difference between an attornment agreement and a contract?

Asked by Michael on April 9th 2022.
A: An attornment agreement is an agreement between two or more parties, in which one party agrees to recognize the other as the rightful owner of a certain asset. This can include real estate, stocks, bonds, or other types of property. A contract, on the other hand, is an agreement between two or more parties that creates a legal obligation for both parties to perform certain duties and abide by certain terms. The terms of a contract are usually more specific than those of an attornment agreement, and contracts often involve the exchange of money or goods.

Q: Can an attornment agreement be used for international transactions?

Asked by Isabella on August 15th 2022.
A: Yes, attornment agreements can be used for international transactions. Depending on the laws of the countries involved, some additional paperwork may need to be filed in order to make the agreement binding in both countries. Additionally, any taxes due must be taken into account in order to avoid any potential legal issues. A qualified attorney should be consulted if you are considering using an attornment agreement for an international transaction.

Q: What are some common uses for attornment agreements?

Asked by Matthew on December 30th 2022.
A: Attornment agreements are commonly used to recognize ownership of real estate, stocks, bonds, and other types of property. They can also be used to transfer ownership of a business or a portion thereof from one party to another. Additionally, they can be used to establish a tenant’s rights in a rental property or other type of lease agreement.

Q: How should I go about drafting an attornment agreement?

Asked by Ethan on July 7th 2022.
A: Drafting an attornment agreement can be a complex process and it is important to ensure that all relevant information is accurately documented and that all parties understand the terms of the agreement before signing it. It is advisable to hire a qualified attorney who specializes in this area to help you draft an attornment agreement that meets all legal requirements and protects your interests. The attorney should also provide advice on any additional paperwork that may need to be filed in order to make the agreement binding in both countries if applicable.

Q: What are some of the main elements of an attornment agreement?

Asked by Emma on February 14th 2022.
A: The main elements of an attornment agreement typically include information about the parties involved (such as their names, addresses and contact information), a description of the asset being transferred (including its value), a statement specifying which party will be recognized as the rightful owner of the asset, details regarding any taxes or fees due, and any other relevant clauses needed for the completion of the transaction. It is important to ensure that all relevant information is included in order for the agreement to be legally binding.

Q: What happens if one party breaches their obligations under an attornment agreement?

Asked by Daniel on June 26th 2022.
A: If one party breaches their obligations under an attornment agreement, then they could face civil or criminal penalties depending on the severity of the breach and applicable state/country laws. In some cases, it may also be possible for the non-breaching party to seek damages from the breaching party for failing to comply with their obligations under the contract. It is important to consult a qualified attorney if you believe that your rights have been breached under an attornment agreement so that they can advise you on your options going forward.

Q: Is it possible to modify or cancel an existing attornment agreement?

Asked by Emily on November 5th 2022.
A: Yes, it is possible to modify or cancel an existing attornment agreement as long as both parties agree on the necessary changes and sign off on them before they take effect. However, it is important to note that modifications or cancellations must abide by state/country laws and regulations with respect to such agreements and their enforceability. If you are considering modifying or cancelling an existing attornment agreement, then it is advisable to consult a qualified attorney who specializes in this area in order to ensure that all changes comply with applicable laws and regulations before they take effect.

Q: What happens if there is a dispute over an attornment agreement?

Asked by David on May 2nd 2022.
A: If there is a dispute over an attornment agreement then either party can seek legal advice from a qualified attorney who specializes in this area in order to resolve the dispute amicably or through arbitration/litigation if necessary. It is important for both parties involved in such disputes to ensure that they abide by applicable laws and regulations with respect to such agreements throughout any legal proceedings so as not to inadvertently breach their obligations under them and risk facing penalties from state/country authorities as a result.

Q: What taxes may need to be considered when creating an attornment agreement?

Asked by Noah on October 3rd 2022.
A: Depending on where you are creating your attornment agreement, there may be taxes due upon completion of the transaction specified within it which must be taken into account during its creation process in order for it to remain valid legally speaking upon completion of said transaction(s). It is important that you consult with a qualified tax professional who specializes in this area well ahead of time so that they can advise you as necessary regarding any potential taxes due upon completion so that you do not inadvertently breach any applicable laws/regulations when creating your attornment agreement or upon completing your transaction(s).

Q: Are there any specific rules regarding confidentiality when creating an attornment agreement?

Asked by Joseph on January 17th 2022.
A: Generally speaking, confidentiality rules should be outlined within any written documents associated with your attornment agreement such as contracts and other associated paperwork so as not to inadvertently breach any relevant laws/regulations when creating them or upon completing your transaction(s). Additionally, all parties involved should ensure that they do not share confidential information about each other with anyone outside of those directly involved with said transaction(s) unless otherwise specified within said documents themselves so as not to inadvertently breach any confidentiality rules established within them either prior or after completion of said transaction(s).

Q: Are there any specific laws/regulations I should consider when creating my own unique attornment agreements?

Asked by Jacob on September 20th 2022.
A: Yes - depending on where you are located when creating your own unique attornment agreements there may be laws/regulations which are specific/relevant only in that jurisdiction which must be taken into account when drafting them in order for them remain valid upon completion of said transaction(s). It is important that you consult with a qualified lawyer who specializes in this area well ahead of time so that they can advise you regarding any potential specific laws/regulations which may apply when creating your own unique attornments agreements prior to doing so so as not inadvertently breach them upon completing your transaction(s).

Example dispute

Suing a Company for Breach of Attornment Agreement

• Plaintiff must prove that there was an attornment agreement between them and the defendant.
• Plaintiff must prove that the defendant failed to meet the terms of the agreement.
• Plaintiff must provide evidence that the breach of the agreement caused them damages.
• Plaintiff may be able to prove that the breach of the agreement was done intentionally.
• Settlement might be reached through an out-of-court agreement.
• If damages are to be awarded, they can be calculated based on the amount of the breach, the amount of the contract, and any other economic losses suffered by the plaintiff as a result of the breach.

Templates available (free to use)

Ground Lease Subordination Non Disturbance And Attornment Contract Lender Friendly Ground Friendly Lessor
Nondisturbance And Attornment Agreement
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly California
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly Florida
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly Illinois
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly Massachusetts
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly New Jersey
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly New York
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly Pennsylvania
Subordination Non Disturbance And Attornment Contract Snda Lender Friendly Texas
Subordination Non Disturbance And Attornment Contract Snda Tenant Friendly

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