Legal Question in Real Estate Law in California

Is the wording of this clause ambiguous? I.e, could two different reasonable people interpret this clause differently?

"All terms and conditions of this purchase contract and any counter offers shall be subject to Fictional Real Estate Company, LLC senior management approval."


Asked on 1/19/11, 2:00 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You certainly wouldn't sign something like that, would you?

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Answered on 1/24/11, 3:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The principal ambiguity that I see is that it leaves unsaid exactly who is "senior management" at Fictional. Is the VP of Sales sufficiently senior? Does it take a board resolution?

Other than that, the document should probably not be viewed as a contract so much as an irrevocable offer to Fictional's senior management, since it commits them to nothing before the result of senior management's review and possible approval.

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Answered on 1/24/11, 5:33 pm


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