Friday, August 20, 2010

$10 and Other Consideration?

Ever wonder what "10 Dollars and other consideration" means? Well, it has to do with the basic contract law notion of "consideration": if something is being given to one party, something needs to be given to the other party in exchange. For example, if one party is being given an easement and the other party is not receiving anything in exchange, then that transaction could potentially be challenged by the other party for lack of "consideration". In an effort to alleviate this, attorneys recite in the document that some minimum amount was paid (e.g. $10) in exchange for whatever was given to the other party (an easement, in our example). If the other party tries to challenge the transaction, the party receiving the easement will say "No, you signed something stating that you received $10. So, you cannot now say that you did not receive anything." Over time, the language became more and more common, even in situations where both parties have received something, such as in a sale where one party is receiving property and the other is receiving $150,000 (for example), but the phrase "$10 and other consideration" is used in the deed rather than "$150,000" because that would publicly disclose to the taxing authorities an amount for which to assess the property, and no buyer wants that.