Marin County Memorandum and Notice of Agreement Forms (California)

What is the California Memorandum and Notice of Agreement

A "Memorandum of Purchase Agreement" commonly referred to as a "Memorandum of Agreement" (MOA), Memorandum of Contract (MOC) or "Memorandum of Understanding" (MOU) in the context of real estate, is used primarily as a means to provide public notice of an equitable interest in a real estate transaction without disclosing the full details of the purchase agreement. This document is particularly useful in transactions where the buyer and seller have agreed to terms but the final closing and transfer of the deed have not yet occurred. By recording this memorandum with the county recorder's office, the buyer establishes a public record of their interest in the property, which can protect against subsequent claims or liens by third parties.
Key Purposes of a Memorandum of Purchase Agreement:

1. Notice of Equitable Interest: The memorandum serves as notice to the public that the buyer has an equitable interest in the property due to the purchase agreement. This is important in protecting the buyer’s interest against claims by other parties who might otherwise be unaware of the agreement.

2. Protection During the Closing Process: Real estate transactions can involve a lengthy closing process, including financing approval, inspections, and other contingencies. Recording a memorandum helps safeguard the buyer's interest in the property during this period.

3. Confidentiality: A memorandum of purchase agreement allows the parties to keep the specific terms of their agreement, such as the purchase price and other sensitive details, private. Only the essential facts necessary to establish interest in the property are included in the memorandum

Impact on Title: While the memorandum itself does not transfer title, it does create a public record of the buyer’s interest, which can be important in the event of disputes or if the seller attempts to convey the property to another party.

Use with Other Real Estate Transactions: Although commonly associated with purchase agreements, memoranda can also be used with other types of real estate transactions that convey an interest in property, such as land contracts or options to purchase.