Due on Sale Clauses: Profits, Public Policy, and Preemption

Authors

Ralph J. Rohner, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

1982

Abstract

Use of the due-on-sale clause to trigger rate adjustments, a relatively recent innovation, has been the target of state legislation and conflicting court opinions. This article reviews arguments on both sides of the debate surrounding the clause, the issues before the Supreme Court when it addresses due on sale later this year, and the potential repercussions of a High Court decision.

Recommended Citation

Ralph J. Rohner, Due on Sale Clauses: Profits, Public Policy, and Preemption, J. RETAIL BANKING, Mar. 1982, at 1.