例子:
买方和卖方商定售价为500美元,一块100英亩的地皮, and they agree that the price 将 be subject to adjustment by the survey. 买主要付100美元的定金,000(第3A段),并为余下的400美元提供资金,000(第3B段). The basis is $5,000 per acre ($500,000 divided by 100 acres).
The survey comes back and shows that the parcel of land is actually 112 acres. This means that the sales price increases by $60,000 ($5,000 per acre multiplied by 12 acres).
这额外的6万美元将使售价增加12%. 因为销售价格上涨了10%以上, either party could terminate within the time period specified in the paragraph. However, for purposes of this example, both parties want to continue with the transaction.
If the box next to “proportionately to 3A and 3B” is checked off in the contract: The $100,第3A段中的000是销售价格的20%, 还有400美元,3B的000是销售价格的80%. 因此, $12,000 (20% of $60,在第3A段中增加了000), 48美元,000 (80% of $60,(000)添加到第3B段. If the parties had instead checked the box for 3A or the box for 3B, 完整的60美元,000 adjustment would have been added to the cash portion (3A) or the financed portion (3B) of the purchase price.
第3D段 农场和牧场合同 (TXR 1701) allows for an adjustment of the sales price when certain criteria are met. The parties can indicate in this paragraph whether the sales price 将 be adjusted based on the required property survey, 详情见第6C段.
会有调整吗?
“The Sales Price ____ 将 ____ 不会 be adjusted based on the survey required by Paragraph 6C.”
如果是当事人,请勾选旁边的方框 不会, there is no adjustment, and Paragraph 6C does not affect the sales price. 但是,如果当事各方勾选旁边的方框 将,那么可能会根据调查结果进行调整.
基础是什么??
“If the Sales Price is adjusted, the Sales Price 将 be calculated on the basis of $_____ per acre.”
That blank should be filled in using the existing sales price, 第3C段, divided by the number of acres noted in the property listing. This number shows what the buyer is agreeing to pay per acre.
如果销售价格发生重大变化怎么办?
If the sales price is adjusted by more than 10%, either party may terminate the contract. That termination must be in writing and within the specified number of days after the terminating party receives the survey.
注意: 终止合同,买方应当使用 买方终止合同通知 (TXR 1902),卖方应使用 卖方终止合同通知 (TXR 1950). In either case, the terminating party should reference Paragraph 3D.
在哪里进行调整?
If the price adjustment is 10% or less or the parties choose not to terminate, Paragraph 3D provides options as to where the adjustment 将 be applied: the cash paid at closing by the buyer, 买方融资, 或者两者成比例.
Information for valuation missing in the article, water (well, creek?),农场设备的盘点和评估. 谷仓的功能(水) & 电)等
Dyana, the purpose of the article is to discuss shortage or surplus in land being sold based on a new survey and nothing else.
很好的文章解释了合同的细微差别
Many rural land owners inherited their properties that may not have EVER been surveyed. 这一段在很多情况下都很重要. 很可能是过剩还是短缺.
Ours was inherited and we we also referred to one section as the 120 because when dad purchased in 1953 it was 120 acres. When the FM was placed the state took part of it and the other side for widening the road. When he passed and we surveyed (and had a FORMAL land appraisal based upon date of death) we found it was only 117.75英亩的土地 .7英里的道路被用于调频. 多影响了另一边的里程. 如果不是爸爸教育我们,我们根本不知道为什么会这样… 阅读更多»
第一个, the article and example both imply that the “basis” for adjustment has to be the sale price divided by # of acres. I don’t believe there is any requirement, other than both parties have to agree on the “basis”. (也许双方都不想“赌”那么多, 但是一些, 无论价格朝哪个方向变化, 每英亩选择一个较低的价格.)也, counsel your client that the adjustment may not go the way they assume, and if one party (usually the seller) is strongly insistent on an adjustment after survey, 这可能是有充分理由的.
也, 如果性能得到了很大的改善, maybe the sale price is not reflective of a simple price per acre, 作为调整依据.