Consideration

A consideration is a legal inducement that encourages a person to enter into a contract. Considerations are usually money, but they can be anything of value. For example, you are interested in buying a home and look at several properties that are on the market. You find one property that looks great, but there is trouble arranging the necessary mortgage. You talk with multiple lenders but cannot find a single finance company that will give you a loan. You discuss your issue with the seller, and you decide to offer a consideration for the seller to keep the mortgage in his or her name. Your consideration is used to encourage the seller to hold the first mortgage, and as an inducement, you offer $5,000 in cash. The seller agrees to your consideration and holds the mortgage while you make monthly payments. In addition, you pay the seller $5,000 as part of the transaction's consideration clause.