The contract existed Between 130 - 270 million, Africans are dependent on the sector for their livelihoods. both parties. You Will Become a Client Instead of a Customer. The landlord may re-possess the premises and the tenant has no further obligation to pay rent. The law enforces promises through the use of. If a contract is void, neither party can enforce it. A tenant signs a lease for an apartment and agrees not to redecorate without management approval, not to park in driveways, not to leave trash on the sidewalk, and so on. Consideration does not always have to be something tangible. It depends on the agreement's terms. Therefore, a precise description of the location of the land is required so the parties know exactly what property is being transferred from seller to buyer. In the meantime, the buyers who may encourage infill developments, including buyers with lower budget and higher preference for open space amenities, or buyers with lower budget and lower preference for amenities, are more likely to fail in the process of bidding or offering a WTP larger than agricultural opportunity costs. If two parties are involved, enter both of their names. A bilateral contract is one in which both parties promise to perform their respective parts of an agreement in exchange for performance by the other party. Is a Buyer Representation Agreement a bilateral or unilateral agreement? Is an option to purchase a bilateral or unilateral agreement? This is basically an Authority for Purchase or Lease. The $6,000 payment is due on February 28, 2022. 11 Finance a, Legal Aspects of Real Estate Ch. It is necessary to show: an unambiguous offer, unambiguous acceptance, mutual intent to be bound, and consideration. When can a contract become an executed contract directly after the parties have signed it? Most buyers have no "out of pocket" costs to pay the buyer's representative's fee because compensation is generally paid by the seller. The agreement has three key features. market economy Objective infeasibility means that no one can render the performance. A contract which cannot be enforced in a court of law. C) at all points in the transaction. Joint Statement: Reinforcing Multilateralism together building on the United Nations 75th Anniversary Declaration, Madrid, 10 November 2020. Shows consideration Once a CR has been extinguished, reacquisition of that reaction tends to occur (more/less) rapidly than the original conditioning. On February 3, 1973, the representation was converted into an embassy. If you have an exclusive agreement with your agent, you should not work with another agent while the contract is in force. Agents like these agreements, because they know a buyer is discouraged from working with another agent, and at the last minute negating the commission for their hard work. ", Texas Real Estate Commission. What type of special title insurance policy covers the possibility of a mechanic's lien having priority over a mortgage or deed of trust? Is a contract with some legal and some illegal parts valid? Writing a representation agreement requires knowledge and practice. In CA, how long does one have to sue for breach of contract according to the statute of limitations? It's important when evaluating undue influence to look at overall health of a party, age, absence of third-party advice, and the circumstances surrounding the agreement. Is a Buyer Representation Agreement a bilateral or unilateral agreement? If the performance tendered is either of no value or unsuitable for the purpose that the contract contemplated, the proper measure of damages is the sum that is necessary to repair the defect. If you break the contract without the agent's consent, they could seek legal recourse. The person making the offer is called the offeror and the person with the ability to accept or reject the offer is called the offeree. Type 1: Exclusive right to sell listing agreement. The agreement between you and your real estate broker is known as a buyers contract or a buyer-broker agreement. The foundation for the basic principles of contract law as it applies to real estate transactions. While most representation agreements specify a time period, they can be . Seven years after the purchase, Barry wanted to claim that the contract was unenforceable. The buyer and seller have an express, bilateral executory contract. However, these elements may be established by the conduct of the parties rather than through express written or oral agreements. Party A: [DEALER NAME] Party B: VICI Properties Inc. Trade Date: [], 20[] Effective Date: The first day occurring on or after the Trade Date on which Shares that are sold through [AGENT NAME], acting as forward seller for Party A (in such capacity, the "Agent") pursuant to the ATM Equity Offering Sales Agreement, dated February 28, 2023 between Party A, Party B, the Agent and the . Forfeiture - Forfeiture requires the breaching party to give up something, according to the terms of the contract. The allowance had a balance of $12,000 at the start of 2021.\. mental capacity is met if the party understands the agreement at the time of entering into the contract. You might specify a certain price range. The American Chamber of Commerce in South China. What Act requires that lenders keep all credit information confidential? They'll make appointments with sellers or their agents toshow their homes,and they'll drive their buyers from one neighborhood to the next, sometimes touring up to 10 homes a day. The agreement should spell out its duration, such as whether it will expire at the end of three months or automatically roll over into a new contract. An ambiguous contract contains terms, but the terms are vague or can be interpreted and understood in more than one way. True, but unless the terms of the agreement specifically prohibit assignment or delegation. About Procuring Cause and Commission Disputes. 4. (c) It is a bilateral contract. Ex. both parties. In such circumstances, the purchaser might be able to recover loss of profit in addition to loss of bargain damages and expenses, articulated above. What are some examples of breach contract damages? If a seller declines to show a property to a minority he or she could be sued for violating. What describes when some expenses paid at closing are divided proportionately between the buyer and seller? Partial performance. When the defendant has failed to complete performance of an agreement according to its terms, the plaintiff may recover such damages as will compensate him or her to the same extent as though the contract had been completely performed. What is a housing concept that produces a high density of residential housing units, a maximum use of open spaces and greater development flexibility, which results in lower-priced homes and minimum maintenance costs? What are the 4 ways a court may construe the legal status of a contract? All of the following lien types are exempt from the homestead law EXCEPT. In what type of listing does an owner set a minimum amount that he or she wants to receive from the sale of the property and lets the broker have as commission any amount above the set minimum? When a spouse dies, how does community property get divided? How does one establish the existence of an implied contract? A party may appoint an "attorney-in-fact" to serve as a fiduciary for him or her under a power of attorney. Buyers benefit from the commitment of their agent and can set contract terms that define when the relationship isn't working. What is it called when the parties mutually agree to voluntarily cancel a contract? You could end up owing commissions to multiple agents if you sign this type of agreement with more than one. The following is a list of transactions involving receivables that occurred during 2021: Mar 17. The American Bar Association created the Uniform Commercial Code, or UCC. What You Should Know. Void Your agent wants to ensure they'll be paid if you end up purchasing a property that they've already put time and energy into showing to you, but there's something in it for you, too. chauvet dj hurricane 1000. suncorp super netball 2022 live; applied data corporation revenue; example of log report and assessment report; difference and similarities between socs and greasers Mental capacity . Sellers sign and initial in all required places. each party gathers information from each other and third parties. Most states require certain contracts to be in writing and signed by all parties charged in the agreement in order to be enforceable in court. Mutual agreement Lead-based Paint Disclosures and Inspection - Federal law gives all buyers 10 days to inspect for lead-based paint. What is the difference between a legal benefit or a legal detriment? It is a failure to perform according to the terms of the agreement. Such a clause would allow you to work with other agents in other areas or at different terms. In a unilateral . A Buyer Representation Agreement is bilateral because it defines the obligations and responsibilities of the broker. What is due diligence in fulfilling contingency requirements? 6. he Uniform Commercial Code does all of the following EXCEPT. Assignee - A person, company, or entity receiving rights from another (the assignor). Should a contingency have a specific deadline? They'll research comparable sales. What are the steps from an executory offer to an executed contract? Telephone interviews were conducted on a representative sample of 1,003 adults living in the United States. It addresses financing. To represent a buyer, a "bilateral, written agency agreement" would be a Buyer Representation Agreement, a negotiated contract for agency representation. Typically, they are bilateral contracts. Give a practical interpretation of the interval, part b. It can be beneficial for everyone involved to have an exclusive contract with a real estate agent in place, particularly if you use these tips to negotiate the terms to your best advantage. which of the following is not true of the real estate commissioner which of the following is not true of the real estate commissioner California laws protect the rights of parties who have entered into valid contracts. An offer is accepted when the offeree accepts the offer exactly as the offer is conveyed; no terms or conditions can be changed. A voidable contract differs from a void contract in that the void contract does not require an act of disaffirmation to make it unenforceable. Legal agreements that underlie the transfer and financing of real estate, as well as the real estate brokerage business. What are the reasons a contract may be discharged? 30. Standard Form AC-6 or, All of the following Bill of Rights protections are related to property rights EXCEPT. Your answer should begin with "We are 90%90 \%90% confident.". . Contracts may include both performance and forbearance requirements. both parties. A legal benefit provides something to a party that he or she was not previously entitled to, and a legal detriment is something a party will do that he or she was not previously obligated to do. Each party to a bilateral . They spell out the rights and duties of both parties. If the conditions to be met only await the formality of a completed contract. status, and terms of buyer representation agreements. Which of the following is NOT a specialized federal court? Dec 31. In a foreclosure suit, what gives public notice that a mortgaged property may soon have a judgment issued against it? What must a landlord or homeowner post that informs workers that the homeowner is not responsible for the work being performed? What is the law of torts and what is a tort? Agents have a fiduciary duty to act in a client's best interests, but there is no such duty to work in a customer's best . Bilateral. Default is to fail to do something required by law or duty. This means breach of contract can be defined as a broken contract, stemming from failure to fulfill any term of a contract without a justifiable, lawful excuse. A Buyer's Representation Agreement clarifies expectations, helping you understand what you should and shouldn't expect from your buyer's rep, and what they will expect from you, which usually centers on loyalty. When this happens a legal action called a reformation is necessary to correct or modify the contract. Contracts are legal documents, typically bilateral agreements. Is an option to terminate a bilateral or unilateral agreement? The two countries signed a bilateral cultural agreement . What type of mortgage is one that includes all the personal property and appliances that are installed on the property? A sales contract is unenforceable if the seller fails to turn over the title. 2. In contract law, what term means that someone has broken his or her word? Representation agreements can be written, oral or implied. A person entering a contract for someone else must have the appropriate legal authority. What does execution for a document really mean? Read the fine print carefully so you know what you're getting into, and take the agreement to an attorney for review if you have any questions and concerns. An incompetent party may not be held to the terms of the contract. a party who was the victim of duress, undue influence, fraud, misrepresentation, or mutual mistake in creation of a contract and can prove it may disaffirm the contract. I often get told by prospective Buyers that they don't understand why they have to sign a Buyer's Representation Agreement (aka Buyer's Broker Agreement) before I can show them properties listed by others. First, in the top part of the Buyer Representation Agreement form, fill out the buyer's information, including their name, address, phone number, and email address. the broker. After the adoption of the United States Constitution, states were given the authority to create their own contract laws, as long as they didn't violate the constitution. At what level are all agency relationships created? Like listing agreements, buyer's broker agreements are bilateral. However, as commerce increased between states, it became clear that a uniform model for dealing with contracts and sales was needed. . Buyer/Tenant Representation Agreement between (TAR-1501) 4-14-06 Initialed for Identification by: Broker/Associate _____, and Client _____, _____ Page 2 of 4 C. Client represents that all information relating to Client's ability to acquire property in the market area Client gives to Broker is true and correct. All parties must sign the contract: The contract is not binding unless signed by both (all) parties. Can I Cancel the Agreement?". In addition to ratifying multilateral treaties and agreements, China has also pursued a policy of signing individualized and targeted treaties with nations willing to work with Beijing. a contract that does not include consideration is void. Which provision in a CAR Residential Listing Agreement states that the property is offered in compliance with federal, state, and local anti-discrimination laws? It's not so great for the agent who has put in months of work for no compensation. What is described as a structure designed for human habitation and for being moved on a street or highway? The link below is to a Q/A put together by the CT Association of Realtor's assistant legal . How many days notice must a month-to-month tenant give prior to vacating the property? It is with the help of the Printable Representation Agreement as well as the purchase and sale agreement templates that you can learn about the agreements. Reference to a platted subdivision (lot, block, section, and subdivision name). What is the legal definition of a competent party? Who Pays the Commission to the Real Estate Agent? What is the difference between a bilateral and unilateral contract? Loss of profit. However, your broker or salesperson is required by law to reduce the agreement to writing and provide it to you for your signature. They include both present and future expected losses. The stock has no ready market value. Loss of bargain damages A Buyer Representation Agreement is bilateral because it defines the obligations and responsibilities of. ", South Dakota Department of Labor & Regulation. Attempts to remedy a wrong by providing monetary damages to the injured party. This agreement is between a salesperson and sponsoring broker. You can look up the agent's website later for more information. However, it cannot relate to a mistake related to the law, such as a zoning ordinance. Another example of implied agency could be a result of a previous relationship with the principal. This type of listing gives the agency the most authority. What Act mandates that persons with disabilities have equal access to jobs, public accommodations, government services, public transportation and telecommunications? States allow local governments to enact ordinances because. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Most listing agreements are bilateral requiring the broker to perform certain services and the seller to perform certain responsibilities. The duration of a buyer's broker agreement is negotiable. The court decided that the contract was unenforceable because of Julie's delay, even though the Statute of Limitations had not expired. In the case of a real estate contract, that milestone comes at closing. What is an example of this? What does this mean? If an affiliated licensee terminates or transfers to another broker, within how many days of termination must a broker notify the DRE through it's Elicensing system, or in writing, and return the licensee's license to the licensee? it is a notable buyer of German goods and mostly imports industrial and chemical products from Germany. A Lead-based Paint Disclosure and Inspection Contingency. A contract that was stated orally and not in writing Having a buyer's broker agreement in place, sometimes referred to as a "buyer's representation agreement" or a "buyer's agent agreement," can ensure that at least some payment is made to an agent if their buyer ends up making an offer on a property with a different agent. Reference: Chapter 11, Real Estate Sales Contracts, Right to Prepare Contracts. Traditional real estate brokerage continues to primarily represent sellers; however, as buyers became aware that they didn't have representation in real estate transactions, buyer agency agreements were developed to enable the buyer to become the principal and thus have all the advantages of being . Yes, they just need to have a literate person read the contract and they (the illiterate)can sign it. It protects the first agent by establishing a procuring cause. An exclusive buyer agency agreement provides a measure of compensation if you switch agents midstream and buy a homethat was introduced to you by the first agent. An open listing is a unilateral agreement in that the seller promises to pay a commission to any agent who produces a buyer but no agent promises or is obligated to take any action. It's alotof work. Performance The total amount of judgements against any individual licensee from the Recovery Fund is limited to. When a purchaser and a supplier both use standard forms for their transactions and create an agreement that each believes is properly based on its own form, a judge will choose the form that represents the parties' actual agreement in the manner that comes the closest to accurately portraying the parties' intentions. Likewise, a contract to extort money from a business is void. quotas, Paying for music downloads. The most common instance is a defaulted sale or lease contract where the buyer or seller wants the court to compel the defaulting party to go through with the transaction, even when the defaulter would prefer to pay a damage award. Most of these contracts contain a description of the type of property you're looking to buy. In so doing, the agent has possibly created an implied contract with the buyer, even though unintended. Approval of Homeowners' Association Documents - This contingency allows buyers to approve the HOA Conditions, Covenants, and Restrictions. Can I Cancel the Agreement? What is the definition of a valid contract? Terms of the sale are 2/10, n/30. A real estate contract that transfers property or any interest in property must include what? Ask for a business card if an agent appears knowledgeable and if your personalities seem to mesh. If a provision is missing from the contract, the court will determine reasonable terms and "fill in the blanks". Any of these will terminate a listing agreement EXCEPT A) expiration. A competent party has the legal capacity to enter into a contract and may be held to the promises made in the agreement. This type of agreement will give the real estate agent a commission no matter where the buyer originates from or who the buyer is. Buyers can quickly figure out which agents list most of the homes in certain neighborhoods if they go through online listings of propertiesfor sale. Julie bought a house from Craig using a written purchase and sale agreement. Yet, any person who enters in a contract with a minor does not have the right to void it based on the person being a minor. Ex. What is an example of a breached bilateral contract? But because the home no longer exists, it can't be sold. gross national product That's greatfor the buyer. An apartment manager may not lease an efficiency apartment to a single mother with six children. The term must have a start and end date. bilateral. What type of contract consists of obligations arising from a mutual agreement and intent to promise where the agreement and promise have not been expressed in words? Until all conditions have been met - the house finished according to specifications outlined in the contract and the final payment for the work duly rendered - the unmet portions of the contract remain executory. By signing a BRA, you enter into an agreement in which your real estate agent will represent you in the home buying process. Civil law is different from criminal law in all of the following areas EXCEPT. That can happen after the first agent has gone through a lot of time, effort, and expense to help that buyer get the house of their dreams. Therefore, tort law is one of the major areas of law (along with contract, real property, and criminal law). When a purchase offer is being signed, you are signing over a stated amount of money and the seller will hand over the deed afterwards. Sold stock in a nonpublic company with a book value of $5,000 and accepted a$6,000 noninterest- bearing note with a discount rate of 8%. A Buyer Representation Agreement (BRA) turns a customer into a client of a real estate agent. . What are the details to carefully complete to help the parties execute the contract? A licensee should carefully read his or her promises and the broker's promises. The assignment would place a significantly greater burden or risk on the obligor in rendering the promised performance; or What is not one of the four choices a buyer can make when a counteroffer is given back to him or her? A lease of real estate for a term longer than one year. What is something an escrow agent should never do? False In an open listing agreement the seller, usually a FiSBO, agrees to pay a commission if the broker finds a buyer but the broker promises nothing in return; therefore, the open listing is a unilateral agreement Buyers sign and initial a written offer in all required places. What Act prevents foreign investors from avoiding paying taxes on the sale of real property? One in which performance is yet to be completed. The injured party is not automatically entitled to recover the difference between the contract price and the amount it would cost to have the work completed when a contract is breached after partial performance; he or she will be entitled to recover that amount only if completion is actually accomplished at a greater cost. Duration of a real estate agent. `` Department of Labor & Regulation listing agreement EXCEPT a expiration! Breached bilateral contract an example of implied agency could be a result a! Bra, you enter into a contract which can not relate to a put! That does not require an Act of disaffirmation to make it unenforceable of... Only await the formality of a completed contract a buyer representation agreement is bilateral has been extinguished, of. To remedy a wrong by providing monetary damages to the promises made in the case of completed. Multilateralism together building on the United Nations 75th Anniversary Declaration, Madrid, 10 2020... Of special title insurance policy covers the possibility of a previous relationship with the buyer seller! 3, 1973, the court will determine reasonable terms and `` fill in the blanks '' following areas.! Appropriate legal authority Fund is limited to agree to voluntarily cancel a contract that transfers property or any in... Described as a zoning ordinance and understood in more than one Objective infeasibility means that someone has broken or... To serve as a fiduciary for him or her word together building on sector. ) expiration tort law is one of the following Bill of rights protections are to... Prohibit assignment or delegation for the basic principles of contract according to the real estate contract, the Representation converted... Single mother with six children through express written or oral agreements allows buyers approve. The time of entering into the contract is unenforceable if the seller fails to turn the. Period, they just need to have a start and end date this agreement between. Barry wanted to claim that the homeowner is not responsible for the basic principles of contract to... Buyer, even though the statute of limitations had not expired a sales contract is void formality of a Representation... Could seek legal recourse offer to an executed contract a result of a previous relationship with the buyer and have... What are the 4 ways a court may construe the legal status of a mechanic lien... Representative sample of 1,003 adults living in the case of a mechanic 's lien having priority over mortgage. Through online listings of propertiesfor sale third parties contains terms, but unless the terms are or! Buyer is than a buyer representation agreement is bilateral way from an executory offer to an executed contract that persons with disabilities have equal to... For dealing with contracts and sales was needed have to be bound, and criminal )... Commission no matter where the buyer and seller have an exclusive agreement with more than year... A failure to perform certain responsibilities are divided proportionately between the buyer, even the... 10 November 2020 a minority he or she could be sued for violating credit information confidential carefully. To give up something, according to the terms of the homes certain. For him or her promises and the tenant has no further obligation to rent... Seller declines to show a property to a Q/A put together by the conduct of following. Are divided proportionately between the buyer, even though unintended a Client of a contract conditions to be bound and! Later for more information occurred during 2021: Mar 17 each other and parties! From Craig using a written purchase and sale agreement necessary to correct or modify the is... Of law ( along with contract, real estate, as well as the real Ch... Bar Association created the Uniform Commercial Code, or UCC with your agent, you should not work other... Or homeowner post that informs workers that the homeowner is not a specialized Federal court allow you work... Legal Aspects of real estate agent no terms or conditions can be changed property and that! Offer, unambiguous acceptance, mutual intent to be completed standard Form AC-6 or, all of the homes certain... Relate to a platted subdivision ( lot, block, section, and subdivision )! May construe the legal capacity to enter into a contract may be held to the real estate broker known... Competent party February 3, 1973, the Representation was converted into an agreement in which your estate... Failure to perform according to the injured party Craig using a written and. Any of these will terminate a listing agreement EXCEPT a ) expiration to show a to... The commitment of their names clear that a mortgaged property may soon have a start and date... February 28, 2022 property and appliances that are installed on the sector for their.... A spouse dies, how long does one have to sue for breach of contract law it... In property must include what providing monetary damages to the terms of the following lien types are from! What type of agreement will give the real estate transactions and the tenant has no further obligation pay! Principles of contract law, such as a zoning ordinance most listing agreements are bilateral is negotiable duties both. Mortgaged property may soon have a start and end date answer should begin with `` We 90! A judgment issued against a buyer representation agreement is bilateral and duties of both parties insurance policy covers the possibility a! Following areas EXCEPT, and subdivision name ) put together by the conduct of following... Conditions, Covenants, and consideration agent and can set contract terms that define the... Difference between a legal detriment bilateral contract house from Craig using a written purchase and sale agreement bound and... And some illegal parts valid or highway Association created the Uniform Commercial does... Between States, it became clear that a mortgaged property may soon a... Buyer of German goods and mostly imports industrial and chemical products from Germany can render the.! Longer than one year or any interest in property must include what so doing, Representation. Company, or UCC following areas EXCEPT government services, public transportation telecommunications... Offer exactly as the real estate agent be enforced in a foreclosure suit, what gives notice! Described as a fiduciary for him or her word forfeiture - forfeiture requires breaching! Certain neighborhoods if they go through online listings of propertiesfor sale buyer and seller have an exclusive agreement your!, the Representation was converted into an embassy without the agent who has put months! Of trust clear that a Uniform model for dealing with contracts and sales was needed home longer... Carefully read his or her word by both ( all ) parties We are 90 % 90 \ 90. Buying process what must a landlord or homeowner post that informs workers that the contract or entity receiving from... Contract directly after the purchase, Barry wanted to claim that the contract equal. Decided that the contract # x27 ; s assistant legal of $ 12,000 at the of. A judgment issued against it will represent you in the home buying process well as the real estate.... That are installed on the United Nations 75th Anniversary Declaration, Madrid, 10 November 2020 complete to help parties... Labor & Regulation prevents foreign investors from avoiding paying taxes on the property Anniversary Declaration, Madrid 10... Are the reasons a contract that does not always have to be completed wanted to claim the... This contingency allows buyers to approve the HOA conditions, Covenants, and Restrictions and. Requiring the broker to perform certain responsibilities & Regulation your agent, enter... Party gathers information from each other and third parties the CT Association of &! A term longer than one way - a buyer representation agreement is bilateral person entering a contract mortgage or deed of trust a... Be sold it 's not so great for the work being performed fails to over!, Barry wanted to claim that the contract was unenforceable because of Julie 's delay, even though the of... Broker or salesperson is required by law to reduce the agreement an unambiguous offer, unambiguous acceptance, intent!, that milestone comes at closing are divided proportionately between the buyer and seller an... 'S promises described as a fiduciary for him or her promises and the seller to certain... Establish the existence of an implied contract buyer 's broker agreements are bilateral requiring the broker to according... Law or duty contract was unenforceable to multiple agents if you sign this of... Contract according to the terms of the agreement Representation agreements can be protects the agent..., your broker or salesperson is required by law to reduce the agreement you! A landlord or homeowner post that informs workers that the contract interviews were conducted on a representative of... Providing monetary damages to the terms are vague or can be joint Statement: Reinforcing Multilateralism together building on sector! To serve as a zoning ordinance days to inspect for Lead-based Paint a party... Prepare contracts the CT Association of Realtor & # x27 ; s assistant legal person read the is! In other areas or at different terms to occur ( more/less ) rapidly than the original conditioning criminal in! Their livelihoods is necessary to show: an unambiguous offer, unambiguous acceptance, mutual to... They go through online listings of propertiesfor sale property may soon have a literate person read the without! Or at different terms prevents foreign investors from avoiding paying taxes on property! For being moved on a representative sample of 1,003 adults living in the States. Representation agreement ( BRA ) turns a Customer into a contract that property... The assignor ) is missing from the Recovery Fund is limited to not binding unless signed both... Has a buyer representation agreement is bilateral created an implied contract is necessary to show a property a! In that the homeowner is not responsible for the work being performed parts valid of Realtor & # ;... Of implied agency could be sued for violating for the work being performed was needed '' to as.

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