Common use of Affidavit of cancellation Clause in Contracts

Affidavit of cancellation. (a) After a cancellation under subdivision 3 or a confirmation of cancellation under subdivision 4, the purchase agreement is void and of no further force or effect, and, except as provided in subdivision 2, any xxxxxxx money held under the purchase agreement must be distributed to, and become the sole property of, the party completing the cancellation of the purchase agreement. (b) When a cancellation under this section has been completed, the party who served the notice, or that party's attorney, may execute an affidavit stating that the party caused a notice of cancellation to be served upon the other party, that the other party neither complied with the actions required in the notice, if applicable, nor obtained a court order suspending the cancellation, and that the property is residential real property. (c) A copy of the affidavit of cancellation, when attached to a copy of the notice, is prima facie evidence of the facts therein stated. (d) Except as provided in subdivision 2, the affidavit of cancellation, when delivered to a third party holding xxxxxxx money under the purchase agreement, is a sufficient basis for that person to release the xxxxxxx money to the party initiating and completing the cancellation. (e) If either a seller or purchaser commences a cancellation proceeding under this section and before completion of the first proceeding the other party initiates a cancellation proceeding under this section, either party or that party's attorney may execute an affidavit stating that both parties caused the notice of cancellation to be served upon the other party and further specifying the date the second notice of cancellation was served upon the other party. A copy of the affidavit of cancellation, when attached to copies of both notices of cancellation, is prima facie evidence of the cancellation of the purchase agreement and of the effective date of the cancellation of the purchase agreement.

Appears in 8 contracts

Samples: Cancellation of Residential Purchase Agreement, Cancellation of Residential Purchase Agreement, Cancellation of Residential Purchase Agreement

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Affidavit of cancellation. (a) After a cancellation under subdivision 3 or a confirmation of cancellation under subdivision 4, the purchase agreement is void and of no further force or effect, and, except as provided in subdivision 2, any xxxxxxx money held under the purchase agreement must be distributed to, and become the sole property of, the party completing the cancellation of the purchase agreement.. 559.217 MINNESOTA STATUTES 2020 4 (b) When a cancellation under this section has been completed, the party who served the notice, or that party's attorney, may execute an affidavit stating that the party caused a notice of cancellation to be served upon the other party, that the other party neither complied with the actions required in the notice, if applicable, nor obtained a court order suspending the cancellation, and that the property is residential real property. (c) A copy of the affidavit of cancellation, when attached to a copy of the notice, is prima facie evidence of the facts therein stated. (d) Except as provided in subdivision 2, the affidavit of cancellation, when delivered to a third party holding xxxxxxx money under the purchase agreement, is a sufficient basis for that person to release the xxxxxxx money to the party initiating and completing the cancellation. (e) If either a seller or purchaser commences a cancellation proceeding under this section and before completion of the first proceeding the other party initiates a cancellation proceeding under this section, either party or that party's attorney may execute an affidavit stating that both parties caused the notice of cancellation to be served upon the other party and further specifying the date the second notice of cancellation was served upon the other party. A copy of the affidavit of cancellation, when attached to copies of both notices of cancellation, is prima facie evidence of the cancellation of the purchase agreement and of the effective date of the cancellation of the purchase agreement.

Appears in 1 contract

Samples: Cancellation of Residential Purchase Agreement

Affidavit of cancellation. (a) After a cancellation under subdivision 3 or a confirmation of cancellation under subdivision 4, the purchase agreement is void and of no further force or effect, and, except as provided in subdivision 2, any xxxxxxx money held under the purchase agreement must be distributed to, and become the sole property of, the party completing the cancellation of the purchase agreement. (b) When a cancellation under this section has been completed, the party who served the notice, or that party's attorney, may execute an affidavit stating that the party caused a notice of cancellation to be served upon the other party, that the other party neither complied with the actions required in the notice, if applicable, nor obtained a court order suspending the cancellation, and that the property is residential real property. (c) A copy of the affidavit of cancellation, when attached to a copy of the notice, is prima facie evidence of the facts therein stated. (d) Except as provided in subdivision 2, the affidavit of cancellation, when delivered to a third party holding xxxxxxx money under the purchase agreement, is a sufficient basis for that person to release the xxxxxxx money to the party initiating and completing the cancellation. (e) If either a seller or purchaser commences a cancellation proceeding under this section and before completion of the first proceeding the other party initiates a cancellation proceeding under this section, either party or that party's attorney may execute an affidavit stating that both parties caused the notice of cancellation can- cellation to be served upon the other party and further specifying the date the second notice of cancellation was served upon the other party. A copy of the affidavit of cancellation, when attached to copies of both notices of cancellation, is prima facie evidence of the cancellation of the purchase agreement and of the effective date of the cancellation of the purchase agreement.

Appears in 1 contract

Samples: Cancellation of Residential Purchase Agreement

Affidavit of cancellation. (a) After a cancellation under subdivision 3 or a confirmation of cancellation under subdivision 4, the purchase agreement is void and of no further force or effect, and, except as provided in subdivision 2, any xxxxxxx money held under the purchase agreement must be distributed to, and become the sole property of, the party completing the cancellation of the purchase agreement.. 559.217 MINNESOTA STATUTES 2022 4 (b) When a cancellation under this section has been completed, the party who served the notice, or that party's attorney, may execute an affidavit stating that the party caused a notice of cancellation to be served upon the other party, that the other party neither complied with the actions required in the notice, if applicable, nor obtained a court order suspending the cancellation, and that the property is residential real property. (c) A copy of the affidavit of cancellation, when attached to a copy of the notice, is prima facie evidence of the facts therein stated. (d) Except as provided in subdivision 2, the affidavit of cancellation, when delivered to a third party holding xxxxxxx money under the purchase agreement, is a sufficient basis for that person to release the xxxxxxx money to the party initiating and completing the cancellation. (e) If either a seller or purchaser commences a cancellation proceeding under this section and before completion of the first proceeding the other party initiates a cancellation proceeding under this section, either party or that party's attorney may execute an affidavit stating that both parties caused the notice of cancellation to be served upon the other party and further specifying the date the second notice of cancellation was served upon the other party. A copy of the affidavit of cancellation, when attached to copies of both notices of cancellation, is prima facie evidence of the cancellation of the purchase agreement and of the effective date of the cancellation of the purchase agreement.

Appears in 1 contract

Samples: Cancellation of Residential Purchase Agreement

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Affidavit of cancellation. (a) After a cancellation under subdivision 3 or a confirmation of cancellation under subdivision 4, the purchase agreement is void and of no further force or effect, and, except as provided in subdivision 2, any xxxxxxx money held under the purchase agreement must be distributed to, and become the sole property of, the party completing the cancellation of the purchase agreement.. 559.217 MINNESOTA STATUTES 2021 4 (b) When a cancellation under this section has been completed, the party who served the notice, or that party's attorney, may execute an affidavit stating that the party caused a notice of cancellation to be served upon the other party, that the other party neither complied with the actions required in the notice, if applicable, nor obtained a court order suspending the cancellation, and that the property is residential real property. (c) A copy of the affidavit of cancellation, when attached to a copy of the notice, is prima facie evidence of the facts therein stated. (d) Except as provided in subdivision 2, the affidavit of cancellation, when delivered to a third party holding xxxxxxx money under the purchase agreement, is a sufficient basis for that person to release the xxxxxxx money to the party initiating and completing the cancellation. (e) If either a seller or purchaser commences a cancellation proceeding under this section and before completion of the first proceeding the other party initiates a cancellation proceeding under this section, either party or that party's attorney may execute an affidavit stating that both parties caused the notice of cancellation to be served upon the other party and further specifying the date the second notice of cancellation was served upon the other party. A copy of the affidavit of cancellation, when attached to copies of both notices of cancellation, is prima facie evidence of the cancellation of the purchase agreement and of the effective date of the cancellation of the purchase agreement.

Appears in 1 contract

Samples: Cancellation of Residential Purchase Agreement

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