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DELBURNE · EB-5 FIELD GUIDE

What if the summary promises repayment but the agreement uses different terms?

Sources checked:

THE DIRECT ANSWER

Identify and resolve the material discrepancy using the actual documents. Do not rely on a favourable summary while ignoring enforceable capital rights.

Preserve the distinction between discretion and entitlement

Contractual repayment rights and guaranteed rates of return are excluded. The limited enterprise-only discretionary buyback exception has conditions governing exercise. The explanation must not convert that discretion into a guaranteed investor exit.

Everything that turns a completed business sale into a documented chain: the share purchase agreement, valuation, closing statement, corporate and shareholder records, personal and corporate tax filings, and then bank statements tracing the proceeds account by account into the enterprise. When the time comes to remove conditions, the same structure has to be proved with documents: quarterly wage reports filed with the relevant authorities, payroll registers showing hours by employee, tax filings, and the company's financial statements for the period. Title records, the original purchase documents, the discharged mortgage, probate or transfer papers for the inherited portion, filed tax returns reporting the gain, the statement of adjustments and the bank trail from closing to the enterprise together answer both source and path.