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Re: Unconscionable Advantage & EPA

Posted by wayne on September 16, 2006 at 10:42 PM

In Reply to: 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.

:


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