How can I sell my house on a land contract or lease/purchase agreement if I have a mortgage?
Make sure the contract makes it clear that there is a mortgage and that the mortgage is less than the contract amount.It can be done, but you should get a lawyer involved.
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the company’s perspective) because at this time it is not known whether, or to what extent, the OP’s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OP’s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
Can I sue a buyer for signing a purchase agreement (not the same thing as a formal contract) to buy my home then backing out without cause?
You asked nearly an identical question about two hours previously. You received some detailed, knowledgeable answers from me and others.Asking the same question in a slightly different way is unlikely to change the facts behind the several answers people have already taken the time to write. It doesn’t matter whether you like the answers or not.And a purchase agreement (assuming you are using the title of a real estate form) is indeed a legal, binding and enforceable contract, assuming it contains the elements necessary for an enforceable contract. It doesn’t have to have the word “contract” anywhere in it.[EDIT: The OP responded, leading me to add this clarification:The answer is the same for either case.A “purchase agreement” is indeed a “formal contract” so long as it contains the necessary elements of a valid and enforceable contract:Legality of intentCapacity of the parties (no one is underage or deemed mentally incompetent)ConsiderationMutual agreement of the partiesIn writing (for real estate)If your “purchase agreement” was, say, on a bar napkin and said, “I’d like to buy C.J.’s house for $200,000” and that was that, it would not be a contract because it would lack essential elements. If there is a written offer, acceptance and consideration, you would have an executory contract—one that is to be performed.If the form used to memorialize the transaction did not contain much of the language common to most real estate forms today, such as loan, appraisal and inspection contingencies and the buyer simply decided not to proceed, you could conceivably pay a lawyer a few thousand dollars to file a lawsuit for actual damages—which you would have to prove by “the preponderance of the evidence,” which is the standard for civil cases.This assumes that you had a legal and enforceable contract, and that the buyer had removed all contingencies.The best I can say about your chances is that you’d be making a few payments for a lawyer’s Mercedes. The odds of your coming out ahead in such an action are vanishingly small.On the other side, though, and just for the sake of completeness, a seller who refuses to sell to a buyer could be the subject of a lawsuit seeking specific performance. The court in a case like that would compel the seller to sell, and probably pay legal and court fees. But the law will not force anyone to complete a purchase if they have decided against doing so.
I own land in central California and wish to generate solar power and sell it to PG&E. How easy/fast is it to get a power purchase agreement? Are there any other options?
This is a great question. PPAs are a fairly standard document used in the solar industry these days. The process is not as straight forward as you might have found out in your search. My legal team has done some of the largest PPA deals in the USA and I would be happy to lend a hand to help you get this project going. I also have access to capital to finance a project of your size. Please shoot me an email if you would like to talk further: firstname.lastname@example.org
Can I sue a homeowner or their real estate in a situation where both parties signed a purchase agreement then the buyer signed the contract, didn’t send it to me and eventually backed out?
Almost certainly no.There are certain things you must have to create a legal, enforceable contract:Legal intentCapacity of the partiesConsideration (something of value)Mutual agreementAdditionally, almost everything involving real estate falls under the Statute of Frauds. This comes from the English Common law, and says the contract must be in writing to be enforceable. It includes agreements to by or sell real estate and agreements made in consideration of marriage. (Just tossing that last in because its interesting)A real estate purchase contract starts with an offer in writing. The offeree (seller) may accept the offer as presented, reject it or make a counter-offer. Any change to the offer, no matter how minor, constitutes a counter-offer. The original offeror can do the same thing. There is no contract until and unless there is the meeting of the minds—complete agreement—and the agreement has been communicated to all parties.Once there is a meeting of minds, the document becomes an executory contract, that is, one which is in the process of being performed. Almost all real estate purchase agreements contain certain contingencies (we often call them “weasel clauses). Among these are typically loan, appraisal and inspection contingencies.The loan contingency states that the buyer must apply for and be approved for a loan within a certain period (typically 17–21 days). If the buyer does not get the loan for any reason, they get to walk, and they’ll get their earnest money deposit (the consideration) back.If the property appraises for less than the purchase, price, they can walk. If there is something on an inspection report they don’t like, they can walk.Once the buyer has removed all contingencies, they are obligated to perform—to complete the purchase. If they don’t, they are said to be in breach—violating the contract—and may forfeit their deposit.Most real estate purchase contracts today are written by the various state Realtors’ Associations. They typically contain a “Liquidated Damages” clause to be initialed by the parties. This clause states in essence, “The parties agree that determining exact money damages in the event that the buyer does not perform is very difficult. Therefore, buyer and seller agree that the buyer’s earnest money deposit will be considered satisfaction for a breach by the buyer.”In plain language the Liquidated Damages clause states that if a buyer decides not to proceed after having removed all contingencies, they may forfeit their earnest money deposit to the seller.Most contracts also contain an Arbitration Clause. By initialing this, both parties agree to go to binding arbitration rather than filing a lawsuit.If the buyer in your case did not deposit a check with escrow, you never had a contract. If there were contingencies which they did not remove, such as a loan contingency, they are completely free to walk. If you made a counter offer which they chose to ignore, you never had a contract. If your acceptance of their offer was not communicated to them (typically be delivering to them a fully-executed copy of the purchase agreement), you did not have a contract.Someone who “ghosts” and does not take the steps to proceed with a purchase for whatever reason almost invariably has plenty of legal “outs” if they don’t want to go forward. I believe your best bet is just to get on with your life and find another buyer.My standard disclaimer: While I am confident in the accuracy of my statements here, no one should construe a single word of it to be legal advice. I am not an attorney, although I know a whole lot of really fine legalish words. The best. They’re terrific. Anyone who needs legal advice should seek such advice from a duly licensed professional. Relying on “legal” advice on Quora could be an indication of a need for another kind of professional help.I hope this is helpful. Good luck.
I wrote an ebook and would like to sell it electronically as a PDF. Is there a simple way to create a landing page with an e-commerce component so when the purchase is made the book is automatically downloaded as a PDF?
Hey there, I'd recommend a simpler solution: 0. Make sure you get your copy right. That's a book on its own, but, at the very least, you can read this post by Amy Hoy: How I increased conversion 2.4x with better copywriting and this post by yours truly which explains doing market research in a nutshell: http://sansmagi.cc/startup-landi... 1. Make a landing page here: Booklaunch.io — Book Marketing Made Easy2. Upload your book to Gumroad 3. Start. Blogging. Now. :) You can start on Medium: * Look around the forums like reddit or here on Quora for questions related to the problem your book solves. Answer them, these are your blog post drafts. * Turn your answers into blog posts by editing and adding images if necessary. Ask people to sign up to your mailing list at the end with a relevant call to action. Relevant to the post they are reading. If you're reading here about publishing a book online, does it make sense to ask you to join a newsletter that talks about growing vegetables at home? Always be in context. * Do not spend more than 20% of the time dedicated to your blog to writing! Move on to point #4.4. Promote your content by reaching out to famous bloggers in your niche. Pick just one person whom you can help in some way, or present a new spin on a post they wrote or help them with some interesting research. Whatever, establish a real human-to-human contact and talk to them. The proposal to write a post together will come on its own. Why am I advising you to use third-party platforms? Because, at the beginning, it doesn't make sense to waste your time and energy building a platform (that's what a website is and there is a lot of work related to it) that might not be successful. Think lean. I guess I'm a few steps ahead of you, having sold two books already. You can read about my experience doing that here: Blogging tips from the trenchesGood luck with book selling and if you have any questions, let me know. :)