November 01, 2011

Buy-Sell Agreements

James P. McAndrews
  • Learn about the characteristics and concerns of the different parties involved in buy-sell agreements.

From Commercial Real Estate Practice Manual With Forms, Second Edition

This article sets forth the main provisions of a buy-sell agreement, the considerations that must be given to a buy-sell agreement by each party, and some problems that might arise. The buy-sell agreement is referred to sometimes as a “take-out agreement,” a “tri-party agreement,” a “tri-partite agreement,” a “coordinated mortgage funding agreement,” or a “mortgage take-out agreement” (MOTO). For the purposes of this article, the buy-sell agreement shall be referred to as the Agreement.

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