Survival clauses may provide for a general survival of the provisions (z.B. “any provision… which imposes an obligation after the cessation of the activity… “), or specifies specific provisions based on the title (“Confidentiality”) or the section number (“Obligations in Articles 10 and 13 of this Agreement”). Just because your offer has expired doesn`t mean your obligations to your client are over. One of the key aspects of a fiduciary relationship is confidentiality. What your client is telling you is that no one is told. In accordance with the code of ethics of the National Association of RealTors, your duty of confidentiality survives the progress of your list. This is also the case with certain state laws that govern real estate relations. Survival clauses may also be related to the duration of survival commitments related to the occurrence of an event (“…

“until confidential information is made public”) or a specified period (“… 5 years after the end of life”). The survival of compensation obligations. The compensation obligations of the parties under the [CLAUSE to compensate] are the [TERMINATION, EXPIRATION, CLOSING DATE] of this agreement with respect to all claims made by the party compensated to the party compensated before the end of the aforementioned survival period. Going further, the fiduciary disclosure obligation includes virtually all knowledge agents who could benefit their clients. For example, if, as a buyer`s representative, you know that the seller is financially attached, disclosing this information helps them negotiate. For example, an employment contract could include a confidentiality clause that does not allow the employee to disclose confidential information to third parties. In the absence of a survival clause, the former employee would be free to disclose confidential information after the end of the employment contract. However, the employment contract could include a survival clause that “confidentiality obligations are maintained two years after the end or expiry of the contract.” In this case, the ex-employee could be held responsible for disclosing confidential information within two years of the end of the employment contract.

Destruction of land: If the property is destroyed by a natural or other disaster, such as a fire, a flood, a tornado, etc., the property for sale no longer exists in its original form, so the contract ends. No commission is paid. And yes, the owner can put the now destroyed house and half-empty land up for sale. Our alternative language must be easily adapted to these more complex survival clauses. Use the alternative language for general representations, guarantees and obligations to survive for a specified period of time and, if necessary, a list of insurance, guarantees and bonds that survive for an extended or reduced period of time.

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