This is a list of many helpful phrases, which can be inserted into your
purchase contracts. Some of these clauses feature multiple choices. Please
carefully consider how these clauses may apply to your situation. Clauses
with parenthesis () are meant to be modified.
The information contained herein is believed accurate but is not
guaranteed or warranted in any manner by any party. If legal, accounting,
or other professional assistance is required, the services of a competent
professional should be sought. Reproduction or dissemination in whole or
in part in any form is expressly prohibited.
DO NOT USE THESE PHRASES WITHOUT SEEKING PROFESSIONAL
LEGAL ADVICE
INSPECTION/REPAIR CLAUSES
NATURE OF IMPROVEMENTS
All improvements made to the existing
property are part of this sale.
ZONING USE-TYPE
- Seller hereby warrants that the property described in this agreement
is zoned (set out type of zoning such as R-1, SR-2, C-2 and so forth) as
shown on the zoning map held in the office of the (name of city or
authority) planning commission.
- Seller hereby warrants that the property described in this agreement
is zoned for use as (single family residential, multi-family up to 4
units, commercial for real estate office, BE SPECIFIC!)
INSPECTION DATES
All inspections shall be completed on or before
_________________20____. Any deficiencies shall be evidenced in writing
and delivered to Seller within Three (3) days of above final inspection
date.
FINAL INSPECTION DATE
Inspections must be completed no later than
__________________________.
GENERAL INSPECTIONS
Prior to closing, the buyer may, at his expense,
have a whole house or any other inspections buyer may deem appropriate
perform. If such inspections reveal defects, Seller shall pay all cost of
repairing said defects, and if repairs are not completed prior to closing,
sufficient funds shall be escrowed at time of closing to effect said
repairs.
TERMITE INSPECTIONS
Prior to closing, and at Buyer's expense, the
Buyer shall have the right to have the property inspected by a licensed
exterminating company to determine whether there is any active termite
infestation or organisms present in the property or on any improvements on
said property, or any damage from prior termite infestation or organisms
to said property or improvements. If there is any such infestation or
damage, the Seller shall pay all costs of the treatment and repair of the
areas that are infested or have been damaged.
AS-IS
Purchaser takes the property in "AS-IS" condition, without
recourse to Seller.
REPAIRS PRIOR TO CLOSING
Seller agrees to make repairs on the
property described in this agreement to the (particular item(s)). In lieu
thereof, at the option of the Buyer, Seller shall be charged and Buyer
credited with the sum of $________ as full adjustment for said
repairs.
MONETARY REPAIRS
Seller agrees to pay up to ______ per cent of the
purchase price for repairs of damages specified in inspection reports.
SELLER TO MAINTAIN INSURANCE UNTIL CLOSING
- Seller shall maintain existing insurance policies until closing.
- Seller to maintain extended coverage insurance on the property and
grounds in a minimum amount of $_____ for dwelling, $________ for
out-buildings, $________ for liability and $________ for
________________.
PROCEDURE IN EVENT OF LOSS OR DESTRUCTION OF PREMISES
In the event
of a casualty loss, the Seller shall have a reasonable time to repair the
damage and if he fails to do so, the Buyer shall have the option of: (1)
taking the property as is, together with the insurance proceeds, if any,
or (2) canceling the contract, and deposits are to be forthwith returned
to the Buyer and all parties shall be released of any and all obligations
and liability. Between the date of the contract and the date of closing,
the property shall be maintained by the Seller in the condition as it
existed as of the date of contract.
CASUALTY LOSS IF PRE-OCCUPIED
(Purchaser/Seller) shall be
responsible for any casualty loss from the date of occupancy until
closing.
BUILDING ORDERS
Seller warrants that the subject property is not
under any condemnation proceedings, building violations and/or zoning
violations and shall indemnify Purchaser of same, including but not
limited to lawyers' fees, legal fees, construction costs, interruption of
rent loss, ongoing taxes, mortgages or notes and insurance costs while in
non-compliance, building permits and any other costs whatsoever, to
correct violations and bring property into compliance.
TERMS FOR PHYSICAL CONDITION OF PROPERTY AT CLOSING-PROPERTY
MAINTENANCE
Until the date of closing, the improvements on property
described in this agreement shall be maintained in substantially the same
condition as they are as of the date of this agreement, reasonable wear
and tear excluded. In case of injury or damage to the premises beyond
ordinary wear and tear, the Seller agrees to repair the same before title
transfers to Buyer, such repairs being subject to the Buyer's
approval.
MORTGAGE/FINANCING CLAUSES
CONSIDERATION ABOVE MORTGAGE
Purchase price is
____________________________($ _________________) above the existing
mortgage balance, which presently equals ______________________ as of this
____ day of ________________________, 20____.
OTHER CONSIDERATION
The deposit of (Stocks, an automobile, 3 carat
diamond ring, etc.) shall be placed with __________________as Escrow Agent
and shall be valued in the amount of $________. The balance shall be paid
at closing.
ALLOCATION OF PURCHASE PRICE
The purchase price is allocated in the
following manner: $________ for land, $________ for building, and $ for
personal property. (NOTE: you may want to make a separate list of personal
property with values attached included in the sale for your records.)
SKIP, STUTTER MORTGAGE CLAUSE
At mortgagors option, mortgagors may
skip one monthly payment each year. The mortgage shall be extended one
month for each skipped payment.
EXCULPATORY CLAUSE
The holder of this note and mortgage is limited
to recovery of the debt evidenced hereby by foreclosure and sale of the
property affected by the mortgage securing same. The makers/payors shall
not be personally liable for any deficiency resulting from any sale and/or
foreclosure hereunder.
PROVISION FOR RELEASE OF LOTS OR
ACREAGE
_______________________acres/lots shall be released from the
subject mortgage upon the payment of $________ A credit shall be given for
all previous principal prepayments toward the release provision stated
herein.
TRANSFER FEES
All stamps on mortgage and note as well as the
recording of the mortgage and deed shall be paid by (seller, buyer, both
parties equally)
LATE CHARGES
There are no late charges or other penalties on this
note or mortgage until there has been a default for fifteen (15) days.
SUBORDINATION
Seller agrees to subordinate his mortgage to a new
mortgage of $ _________________ or __________percent of the appraised
value, whichever is greater.
PREPAYMENT WITH DISCOUNT
Mortgagor may prepay this note and mortgage
in whole or in part at any time without penalty. If this note is prepaid
prior to _______ day of ______________________________, 20_________, then
mortgagor shall receive a discount of _______________________percent
(______%) of the remaining balance due.
FIRST RIGHT OF REFUSAL
Mortgagor shall have the right of first
refusal to buy this mortgage under the same terms and conditions that
mortgagee herein has agreed to sell this mortgage.
NOT DUE ON SALE
The subject mortgage is fully assumable upon sale,
transfer, or conveyance of the subject property.
SUBSTITUTION OF COLLATERAL
At purchaser's option another piece of
real property may be substituted for the collateral of the mortgage
herein.
ESCROW/CLOSING INSTRUCTIONS
CLOSING
Closing shall be on or before
______________________________at time and place specified by Buyer days in
advance to Seller .
DATE OF CLOSING. (sufficient time)
This contract shall be closed and
the deed and possession shall be delivered on or about _________ days
after this contract has been executed by both the Buyer and Seller.
DEED
- Seller to provide insurable title by Deed of General Warranty.
- Seller to provide insured title by Deed of General Warranty to the
limit of the purchase price in the name of the Buyer.
- Seller to provide insured title by Deed of General Warranty in the
amount of _____________($_________) to Buyer as policy owner at (Seller,
buyer's) expense, paid at closing.
DEED ESCROWED
Seller to place executed Deed of General Warranty in
escrow with Seller's/Buyer's Attorney and closing instructions and
appropriate Power of Attorney at signing of this contract. In addition
Seller shall execute Power of Attorney for corrective instruments at
signing of contract.
DEED IN ESCROW
Seller to place in escrow with Seller's attorney
executed Deed of General Warranty and complete closing instructions
including Power of Attorney for all matters relating to this as reviewed
and approved by Buyer's attorney or agent.
TAX AND INSURANCE ESCROW
- All escrow accounts for taxes, insurance, and/or fees shall be
credited to seller at the time of closing and transferred to purchaser
at closing.
- All escrow accounts for taxes, insurance, condo or association, or
any other fees shall be transferred to purchaser at closing.
ESCROW TRANSFER -NO CREDIT TO SELLER
In the event there is an escrow
account for taxes, insurance, waste fees, association fees, or any other
impounds or escrow, said funds shall be transferred to purchaser without
adjustment and if there is an escrow shortage same shall be charged to
seller at closing.
TERMS AND CONDITIONS OF CONTRACT SHALL SURVIVE THE RECORDING OF THE
DEED
The covenants in this contract shall survive delivery of deed and
possession. The seller covenants and warrants (1) that there is ingress
and egress to said property over public roads, and (2) that there are no
parties in possession other than the seller.
TERMS SURVIVE CLOSING
The terms and conditions of this contract
shall survive and extend beyond the closing of this transaction.
INSTRUMENTS OF SALE
Seller's attorney shall prepare warranty deed,
mechanic's lien affidavit, bill of sale, and any corrective instruments
that may be required in connection with perfecting the title, subject to
the Buyer's approval.
TENANT CLAUSES
CLOSING SUBJECT TO PURCHASER LOCATING A SUITABLE TENANT
Closing
shall be subject to purchaser locating a suitable tenant. Closing shall
occur no later than 30 days after the obtaining of the suitable tenant
subject to any other terms and conditions of this contract.
ALL RENT COLLECTIONS BY SELLER DURING THE MONTH OF CLOSING SHALL BE
PRORATED AT TIME OF CLOSING
Rents, as shown on the rental statement
furnished by Seller, and approved by Buyer, are to be prorated to a
specific date or the closing date for this agreement. Seller will collect
all rents which fall due prior to the closing of the agreement. There
shall be no adjustments against the Buyer on uncollected rents.
SELLER SHALL BE RESPONSIBLE FOR ALL RENTS NOT COLLECTED AT TIME OF
CLOSING, SAME SHALL BE CREDITED TO THE PURCHASER
It is agreed that
Seller shall be responsible for all rents not collected at the time of
closing, and in addition thereto, the Purchaser shall receive a credit for
all rents not collected. If Purchaser received double payment for the rent
then he shall reimburse the Seller for the double payment of rent paid.
AT CLOSING, SELLER SHALL TRANSFER ALL TENANT FUNDS (SECURITY/LAST MONTH
RENT) TO THE PURCHASER
At closing Seller agrees to transfer all
security deposits as well as the last months rent and any other tenant
funds to the purchaser.
RENT COLLECTION
Seller to escrow rental income for month following
date of closing, if closing is after the 15th of the month.
BUYER TO HAVE RIGHT OF APPROVING NEW LEASE
During the pendency of
this transaction the Seller agrees that no changes in the existing leases
shall be made, nor new leases entered into, without the written consent of
the Buyer, which consent will not be unreasonably withheld.
PROSPECTIVE TENANTS/PROSPECTIVE PURCHASERS
Buyer has the right to
show this property to prospective tenants, contractors, or others from
date of acceptance of this offer until date of closing.
MISC. CLAUSES
POSSESSION AT CLOSING AND/OR FUNDING
Possession shall occur at
(closing/funding, acceptance of contract).
ADDITIONAL DOWN PAYMENT TO EXTEND THE CLOSING DATE
The Purchaser
shall have the option to extend the closing date extended for up to
_______________days upon receipt by the Seller of an amount of
_____________($_________), to be applied to the down payment on the
property.
SURVEY
- Seller to provide current (6 month or less), physical, field staked
survey acceptable to buyer. Seller to provide current (6 month or less),
physical, field staked survey.
- Any encroachments on said property or improvements thereto intended
to be located on the subject property that in fact encroach on the lands
of others, or violate any of the covenants herein, shall be treated as a
title defect.
UTILITIES
All utilities shall be on and paid for by the Seller
_______ days before closing. Any non-working mechanical shall be deemed to
be normal maintenance and shall be repaired to proper working order at
least ______ days prior to closing. These repairs shall not be assessed as
repairs to be paid as a basis of inspections but as a basis of normal
maintenance whether determined by inspections or other.
UTILITY DEPOSITS
All deposits and escrow for any utility or pending
assessments shall be transferred to buyer at closing.
ATTORNEY'S FEES
Should any litigation including appellate
proceedings be brought by any party to this contract against any other
party of this contract, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
EXTENDED WARRANTIES
Due to the time and season of closing the Seller
hereby warrants the following mechanical items to be in good working order
until the date specified: water heater ____; furnace ____, central air
____, refrigerator ____, range ____, built-in oven ____, window air ____,
electrical fixtures ____, sump pump ____, ceiling fans ____, plumbing
fixtures/faucets ____, water pump ____, septic system ____, microwave
____, ice maker ____, disposal ____, other ____, other ____,
other ____, other ____. The Seller shall immediately reimburse Buyer for
repairs or replacements upon receipt of invoice detailing expenditure.
TIME IS OF THE ESSENCE
Time is of the essence in the performance of
the Seller/Buyer obligations hereunder.
SUBJECT TO
This contract is subject to: (Appraisal acceptable to
buyer; whole house inspection to buyer's approval; financing acceptable to
buyer; survey to buyer's approval; buyer's attorney's approval; buyer's
tax consultant's approval; buyer's financial advisor's approval; the
approval of Santa Claus (or other fictitious character).)
ENFORCEMENT
This contract shall be interpreted, construed and
enforced according to the laws of the (Commonwealth of Kentucky, State of
Florida, wherever you live).
PERSONAL PROPERTY
The following items of personal property are
included in the sale: (all ceiling fans, all window air conditioners,
stove, refrigerator, washer. dryer, oven, gas grill, water softener,
alarm/security system, satellite dish, any converters or appurtenances for
video or audio, garage door openers and remotes, unattached freestanding
cabinets, lawn mower, lawn maintenance equipment.)
CONTRACT ASSIGNMENT
This contract is fully assignable by the
purchaser but no such assignment shall be binding upon seller until an
executed copy of it is delivered to seller. Upon delivery of copy to
seller, the assignor shall be relieved of all liabilities under this
contract.