Parties: Buyer _____________________________________ of
_________________________________________
and
Seller,
___________________________________________
of__________________________________________
In consideration of the payments, covenants, agreements and conditions
herein contained the above parties hereby agree to lease
With an option the following property:
Subject: Property Address:
_________________________________________________________________________
Legal Description:
_______________________________________________________________________________
_______________________________________________________________________________________________
Personal Property
included_________________________________________________________________________
Personal property to be transferred at closing by bill of sale free of
any encumbrances.
Existing Loans- At time of closing buyer may elect to take title
subject to the existing loans to____________________
In the amount of $_____________________ bearing interest rate of
_________% payable ________________ ( P & I )
Or the loan will be paid off by the seller.
Loan Number______________________________ Date last payment
made__________________________________
Other Liens, back taxes,
etc.________________________________________________________________________
Term of lease and option ___________________months beginning
_________________________________________
Monthly Payment $______________due on the __________day of each month
beginning________________ 20____
Monthly credit toward purchase price when rent paid on time
$______________
Purchase Price $________________, additional option consideration
______________to apply towards purchase price.
- TERMS: Seller agrees that upon the exercise of the option they will
assist in financing by taking as part of the purchase price a note in
the amount of $____________________ with payments of
$_____________________ beginning __________________.
- MAINTENANCE: The buyers shall pay for all repairs costing less than
$ 100.00 each month. Repairs costing $100 or more will be paid by the
owner. Should the owner fail to make repairs to maintain the house in
its current condition, the buyer may have said repairs made and receive
a credit equal to 200% of the cost of the repair toward the purchase
price and a full credit toward the next payment due.
- SELLER’S AGREEMENT NOT TO FURTHER ENCUMBER: Sellers agree not to
refinance the property, nor to modify any existing loans, nor to
transfer any interest in the property during the term of this agreement.
- PAYMENTS ON EXISTING LOANS, TAXES AND INSURANCE: Seller shall be
responsible for paying the taxes, loan payments and for keeping the
property insured for its full replacement value during the term of this
agreement. In the event seller fails to make payments when due of taxes,
insurance, or loan payments, buyer may elect to make said pays due
payments and receive 200% of their amount credited toward the purchase
price and full credit toward the next payment due the seller.
- PRORATIONS: Taxes and insurance and loan interest shall be prorated
as of the date of closing of the purchase.
- BUYER & SELLER: agree to fully execute and place in escrow with
______________________________ instruments needed to convey title. The
seller shall deposit and executed warranty deed, and copies of existing
mortgages, notes, title insurance policies, and surveys. Buyer shall
deposit an executed quitclaim deed which will be delivered to the seller
in the event of a default by the buyer under this contract. All agree to
sign an escrow agreement that will empower the escrow agent to close the
transaction if all terms of the contract are met, and that will hold the
agent harmless.
- TRANSFER OF TITLE: In the event buyer chooses to exercise their
option to purchase, they will notify the seller during the term of this
agreement. Within 15 days of receipt of such notice, sellers agree to
convey good and marketable title, free from all encumbrances except
those that buyers wishes to take title subject to. Sellers further agree
to furnish an owner’s title binder within 5 days after receiving notice,
showing no exceptions other than as listed above, and furnish a policy
of title insurance at closing.
- DAMAGES: In the event seller fails to perform, buyer will be
entitled to recover all monies paid on this agreement, and may pursue
all other legal remedies available. Seller will be responsible for all
costs including a reasonable attorney’s fee. In the event buyer fails to
exercise the option, all option consideration and rents paid will be
forfeited as full-liquidated damages.
- RECORDING: All parties agree that this agreement or a memorandum
including any parts of their agreement acceptable to the buyer may be
recorded.
- SUCCESSORS AND ASSIGNS & SUBLETTING: The terms and conditions of
this contract shall bind all successors, heirs, administrators,
executors, assigns, and those subletting.
- ACCESS AND ADVERTISING: Sellers agree that the buyer may advertise
the property and shall immediately have access during reasonable hours
to show the property to others.
- TIME IS OF THE ESSENCE IN ALL MATTERS OF THE AGREEMENT
- OTHER TERMS:
____________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
The undersigned agree to buy and sell on the above terms, have-read,
fully understand and verify the above information as being correct. All
parties acknowledge that this is a legally binding contract and are
advised to seek the counsel of an attorney.
Sellers
___________________________________________________________________________
Sellers
___________________________________________________________________________
Buyers
___________________________________________________________________________
Buyers
___________________________________________________________________________
State of _____________________________________ County of
_____________________________________
The foregoing instrument was acknowledged before me this day
of
____________________________________________________
By_________________________________________________________________________________________being
Personally known to me or whom presented driver’s licenses as
identification.
Witness my hand and official seal.
Notary Public___________________________________________________
My commission
Expires___________________________________________