What Is an Estoppel Letter in a Real Estate Contract?
Provided by HG.org
When someone is properly performing due diligence in real estate deals before a contract is signed, an estoppel may be discovered at some point. Understanding what this procedure is and how it affects property deals and arrangements is important to ensure a real estate contract and conditions are taken care of appropriately.
An estoppel certificate or letter is when a statement has been signed by a party that another personís benefit has been obtained through correct fact through a lease that already exists and without any defaults. The details explain that rent has been paid on a certain date as specified. The estoppel is necessary to keep another party from claiming that other facts were actually true in the event rather than was is claimed by the benefitting person or group. This is often needed when a real estate contract is signed or an oral agreement has been struck.
Estoppel certificate or letters are often necessary when one party attempts to hide or shut up the truth. In tenant matters, this usually requires documentation to ensure the person renting or leasing the real estate is not cheated out of rent, utilities or other expenses when the landlord is practicing behavior or actions that could harm the tenant in some manner. When there is no receipt or record of rent and fees paid, the tenant could lose out. Another situation this could apply to is when law enforcement is needed at the premises. The estoppel letter is there to certify that a certain chain of events is true.
Tenant Estoppel Explained
When tenants are connected to real estate contracts through leases or purchase, an estoppel is sometimes needed to ensure the facts are not confused at any point. When some parties are attempting to confuse, muddle or change the information from previous deals, it is possible to do so when there is no record of the file or details. Real estate contracts could alter what has been provided previously through a new clause, condition or term with the buyer, renter or leaseholder. An estoppel letter in these arrangements ensures that the prior acquired records of the facts are still in place to hold each party to the truth.
If this affects the lease, a tenant estoppel is a certified letter from a tenant which verifies that the terms and conditions of the lease and current status of this document are true. When a commercial real estate lease is needed or another contractual agreement, the landlord or owner may require these documents as a part of due diligence. This may also be necessary when acquiring a commercial real estate loan. By knowing the status, conditions and terms of a lease or other contract, the tenant, landlord and other party are able to continue without any further complications in that area.
The Contents of an Estoppel
What may be required within an estoppel usually is different based on the situation, but there are common details that are inside most of these when dealing with real estate contracts and dealings. For lease arrangements, there is a commencement date, and if the person is buying the property, this should have the date of purchase. Rent or other payments are included at some point or repeatedly based on the month or year. There should be an inclusion that no default has been incurred for the tenant or placed inside by the landlord. If a default is possible, the specifications of what this entails should be required placement.
The estoppel should have a verification that the lease was not modified and is in full force. However, if modifications were accomplished, these are specified and verified for each change. Many real estate contracts and property arrangements require an estoppel. This is proof that facts are correct, to use and explain certain details if a court case is imminent, and the document should be above tampering. When another party is attempting to deceive or alter what is known about the real estate, the estoppel is the last line of defense. The lawyer may use it to prove certain facts in a claim.
Lawyers in Estoppel Letters
When a real estate contract requires known facts to be presented in some manner, an estoppel letter is prepared and utilized. While these arrangements usually demand an estoppel letter or certificate, a lawyer may need to acquire one to ensure the real estate contract is drafted or amended to consider certain facts within the letter.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.