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Commonly Asked Questions about Real Estate Forfeiture Provisions

A forfeiture clause is a provision in a contract that states that one party may have to give up something to the other party under certain circumstances.
Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, bdocHubing a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
To seize property, the government or state must have probable cause to believe that property is forfeitable. To forfeit it (meaning to confiscate it forever), it must demonstrate the forfeiture by a preponderance of the evidence, which is a higher standard.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
New Yorks highest court has held that an employee who resigns and violates a non-compete clause can be held to have forfeited any right to post-employment compensation even if the non-compete clause is found to be unreasonable.