Financing Condition Purchase Agreement for the United States

Financing Condition Purchase Agreement Template for United States

A Financing Condition Purchase Agreement is a legally binding document used in the United States that combines elements of both a purchase agreement and financing conditions. It outlines the terms and conditions of a purchase that is contingent upon the buyer securing adequate financing. The agreement typically includes detailed provisions about the purchase price, payment terms, specific financing conditions, and consequences if financing cannot be obtained. It provides protection for both buyers and sellers while ensuring compliance with federal and state financing laws.

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What is a Financing Condition Purchase Agreement?

The Financing Condition Purchase Agreement serves as a critical document in transactions where the completion of a purchase depends on successful financing arrangements. This agreement type is commonly used in the United States when buyers require external funding to complete a purchase, providing protection for all parties involved. It includes specific details about financing requirements, timelines, and conditions that must be met for the purchase to proceed. The agreement ensures compliance with various federal and state regulations while establishing clear procedures if financing cannot be secured.

What sections should be included in a Financing Condition Purchase Agreement?

1. Parties: Identification of buyer, seller, and any financing parties

2. Background: Context of the transaction and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including relevant financing and regulatory terms

4. Purchase Price and Payment Terms: Details of purchase price, payment schedule, and financing conditions

5. Financing Conditions: Specific conditions that must be met for financing approval

6. Representations and Warranties: Statements of fact by parties about their ability to enter into agreement and financial status

7. Closing Conditions: Conditions that must be satisfied before closing including financing requirements

8. Default and Remedies: Consequences of default and available remedies for all parties

9. General Provisions: Standard contract provisions including governing law, notices, and amendments

What sections are optional to include in a Financing Condition Purchase Agreement?

1. Security Interest: Details of any collateral securing the financing, required when secured financing is involved

2. Insurance Requirements: Required insurance coverage for financed property, included when financing involves significant assets

3. Due Diligence: Process for reviewing financial and other documentation, needed for complex transactions

4. Regulatory Compliance: Specific provisions addressing compliance with applicable federal and state regulations

What schedules should be included in a Financing Condition Purchase Agreement?

1. Schedule A - Property Description: Detailed description of property being purchased

2. Schedule B - Payment Schedule: Detailed payment terms and amortization schedule

3. Schedule C - Required Documentation: List of documents required for financing approval

4. Schedule D - Financing Terms: Detailed terms of financing including interest rates, payment periods, and conditions

5. Appendix 1 - Form of Security Agreement: Template for security agreement if applicable

6. Appendix 2 - Compliance Certificates: Required regulatory compliance certificates and forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act (ECOA): Federal law that prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or whether applicant receives public assistance

Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer credit information

Consumer Credit Protection Act: Comprehensive federal law that protects consumers in various credit transactions and includes provisions for wage garnishment

Uniform Commercial Code (UCC): Comprehensive set of laws governing commercial transactions, particularly Article 2 (Sales) and Article 9 (Secured Transactions)

State Consumer Protection Laws: State-specific legislation designed to protect consumers from fraudulent or unfair business practices in financing transactions

State Usury Laws: State-specific regulations that set maximum interest rates and define what constitutes excessive or illegal interest charges

State Contract Laws: State-specific regulations governing the formation, execution, and enforcement of contracts

Securities Act of 1933: Federal law requiring registration of securities offerings and detailed financial disclosure to protect investors

Securities Exchange Act of 1934: Federal law governing secondary trading of securities and establishing the SEC

State Blue Sky Laws: State-specific securities regulations designed to protect investors against fraudulent sales practices and activities

Dodd-Frank Act: Comprehensive financial reform legislation enacted in response to the 2008 financial crisis, including consumer protection provisions

CFPB Regulations: Rules and guidelines issued by the Consumer Financial Protection Bureau governing consumer financial products and services

Federal Reserve Board Regulations: Banking regulations that may affect financing terms, rates, and disclosure requirements

Anti-Money Laundering Regulations: Federal requirements for financial institutions to help detect and prevent money laundering and fraud

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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