This article will discuss private transfer fee covenants, using one popular model as an example. After explaining how a private transfer fee covenant operates, the article will review the background legal principles relevant to its enforceability As this article will argue, sound policy does not justify the enforcement of private transfer fee covenants. The article concludes with a discussion of recent state legislative efforts to invalidate private transfer fee covenants and highlights a new model statute that, if adopted, would declare such covenants void as contrary to public policy.
R. Wilson Freyermuth,
Putting the Brakes on Private Transfer Fee Covenants, 24 Probate and Property 20
Available at: https://scholarship.law.missouri.edu/facpubs/795