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Unconscionable Advantage & EPA

Posted by Wayne L. Brown on September 06, 2006 at 8:46 PM

Ward
As a subscribing member of County Records Research, thanks for this Discussion Board-also will be attending more of your meetings with CRR.
To my point, as a real estate licensee in Lending and new Investor, I am concerned with just a few points and hope that you will answer my post. Finally, I have poured through posts on this issue, as well as, Civil Codes 1695 and 2945.

Specifically, with the spiraling downward and very slow market we are experiencing here in CA, how can we protect ourselves as investors ( I've read several of your responces on the 50/ 50 rule after expenses )

First, provided that we can get the seller to agree, can we effectively get the seller to agree to a lower equity price since in this market we may have to discount 10-20% just to unload in this market? Here is what I am thinking- agree to a 50/50 split after expenses, but protect ourselves because of the downward market.

Second, in the EPA, on page 1 it has a section for Present Market Value, and next under Consideration the Sellers Equity.
Under Consideration, can we make a reference to see the Addendum where we Clearly spell out the 50/ 50 Split after Expenses, And Reference uncertainty as to todays market, but make this all predecated on whatever final sales price we can Obtain?

Please excuse the lengh and wordiness- I'm just trying to make myself clear on this.

Best Regards


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