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Agreement to
Purchase
This is a legally binding contract. If you do not understand this
contract, please seek legal council.
THIS AGREEMENT entered into on the _____ day of _________, 20____ by
and between, ______________________________ or his/her/their
assignee(s), hereinafter referred to as "Buyer", and
__________________________________, Hereinafter referred to as "Seller".
- PROPERTY PURCHASED
: In consideration of the mutual promises
herein contained, the Seller agrees to sell, and the Buyer agrees to
buy, in accordance with the terms and conditions of this Agreement, the
following described Real Property, Situated in the City of
_______________________, the County of ______________ and the State of
____________, and described as
follows: ___________________________________________________________________________________. Together
with all the improvements thereon, all privileges, appurtenances,
easements, and all fixtures presently situated in said building,
including, but not by way of limitation: all heating and air
conditioning equipment including window units; all electrical, plumbing
and bathroom fixtures; water softeners; shades; venetian blinds;
awnings; curtains, draperies, & traverse rods; storm windows &
doors; window & door screens; affixed mirrors; wall to wall, stair,
and similar attached floor covering and carpets; television aerials, and
rotor operating boxes; garage door openers and similar operating
devices; ranges, ovens, refrigerators, dishwashers, garbage disposal,
trash compactors, humidifiers; washing machines; dryer; all affixed or
built-in furniture and fixtures; all landscaping, trees and shrubs; all
utility/storage buildings or sheds; all building and yard maintenance
equipment and tools; all furniture and equipment used by or rented to
the tenants;
except: ___________________________________________________________________________________ ___________________________________________________________________________________ In
addition to the above the following shall be included in the
sale: ___________________________________________________________________________________ ___________________________________________________________________________________
- PRICE AND TERMS
: Buyer hereby agrees to pay for said property
the sum _________________________ Dollars ($_____________) payable as
follows:
- A personal note in the amount of _____________________ Dollars
($_____________) is attached hereto as "Earnest Money" to apply toward
the purchase price. In the event the offer is not accepted or if
Seller defaults in the performance of this contract or if Buyer
terminates this contract as hereafter provided, the Earnest Money
shall be promptly returned to Buyer.
- The Buyer agrees to pay _________________________ Dollars
($_____________) as the down payment on the property. From this down
payment shall be subtracted the Earnest Money previously paid, and the
amount required for repairs agreed to be done by Seller.
- In addition, the Buyer shall deposit monthly with an escrow agent
designated by the Buyer the amount necessary to make the payments to
the following mortgage and lien holders and none others. Included is
the mortgage to the Seller:
- Holder Of Mortgage And Address
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Amount Due |
Monthly Payment |
Years Remain |
Balloon If Any |
Interest Rate |
Tax/Ins Account |
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EVIDENCE OF TITLE: in the form of a title search and owner's
policy of title insurance, will be furnished by Seller, and shall be
subject to the approval of the Buyer. A preliminary binder shall be
provided to Buyer, for his review and approval, 48 hours prior to
closing.
SELLER'S CERTIFICATION: Seller certifies to Buyer that, to the
best of Seller's knowledge (a) there is no termite damage to the REAL
ESTATE; (b) the fireplaces, chimneys, electrical, plumbing, heating, air
conditioning equipment and systems, and other items included herein will
be operational on Possession; (c) the REAL ESTATE is zoned ___________;
(d) there are no pending orders or ordinances or resolutions that have
been enacted authorizing work or improvements for which the REAL ESTATE
may be assessed; and (e) no City, County or State orders have been
served upon him requiring work to be done or improvements to be made
which have not been performed.
INSPECTION: Seller agrees to give Buyer, and/or his agent,
access to property prior to closing to inspect the entire premises.
Inspection shall include every room, the roof, plumbing, wiring,
structure, foundation and all mechanical components. Should any
deficiencies be found, the Seller shall have the option of either
repairing the deficiency, deducting the cost of the repair from the down
payment, or notifying the Buyer that the Seller cannot meet the terms of
this contract and refunding the Earnest Money deposited by the Buyer.
Before closing the Seller shall furnish and pay for: (a) an inspection
by a licensed exterminator stating premises to be free of infestation or
damage by wood destroying insects (infestation and resulting structural
damage shall be treated and repaired at Seller's expense)
CONVEYANCE AND CLOSING: Within _____________ days from
acceptance, or upon repair of any deficiency in building condition by
Seller, as provided above, or within 5 days of receipt of assumption
materials from seller's lending institution by closing agent, whichever
is later, both parties shall deposit with the authorized escrow holder,
selected by the Buyer, all funds and instruments necessary to complete
the sale in accordance with the terms hereof. Seller shall be
responsible for transfer taxes, deed(s) preparation; and shall convey
marketable title to the REAL ESTATE by deed of general warranty in fee
simple absolute, with release of dower, on or before __________________,
or at such sooner time as mutually agreeable to the parties hereto,
free, clear and unencumbered as of Closing, except restrictions and
easements of record which do not adversely affect the use of the REAL
ESTATE, except _______________ and except the following assessments
(certified or otherwise) Seller shall have the right to remove any
and all encumbrances or liens at the Closing out of the Purchase Price.
Possession shall be given subject to tenants' rights on or before
_____________________ 20____.
PRORATIONS: There shall be prorated between Seller and Buyer as
of Closing all (a) real estate taxes and installments of assessments as
shown on the latest available tax duplicate; (b) interest on
encumbrances assumed by Buyer and (c) rents and operating expenses; with
Buyer assuming liability for such items following Closing. Security
and/or damage deposits, advance rentals or considerations involving
future lease credits held by Seller shall be transferred to Buyer at
Closing without proration.
CONDITION OF IMPROVEMENTS: Seller agrees that on Possession, the
REAL ESTATE shall be in the same condition as it is on the date of this
Purchase Offer, except for ordinary wear and tear. In case the REAL
ESTATE herein referred to is destroyed wholly or partially by fire or
other casualty, Buyer shall have the option for 10 days thereafter of
proceeding with the terms of this contract, with an agreed adjustment in
the sale price, or of terminating this agreement and being repaid all
amounts paid hereunder.
DEFAULT: It is expressly agreed that upon the event of any
default or failure on the part of the Buyer, to comply with the terms
and conditions of this contract, that Seller agrees to accept the
EARNEST MONEY deposit with payment of the personal note as full
liquidated damages. Upon default by the Seller to perform under this
agreement, all deposits and notes shall be returned to Buyer on demand,
and Buyer shall not thereby waive any right or remedy he may have
because of such refusal. Further, Buyer shall be reimbursed by the
Seller for his reasonable expense of building inspection, credit report,
and appraisal fees.
SOLE CONTRACT: The parties agree that this Agreement to Purchase
constitutes their entire agreement and that no oral or implied agreement
exists. Any amendments to this Contract shall be made in writing, signed
by all parties and copies shall be attached to all copies of the
original Purchase Contract. The terms and conditions of this Contract
are to apply to and bind and inure to the benefit of the heirs,
executors, administrators, successors, and assigns of the respective
parties. All provisions of this contract shall survive the closing. All
parties are advised to seek competent advice, unless they fully
understand all terms of the contract. Should there be any term or
condition in this contract that is not in accord with the applicable
legal statutes, either party may void that portion of the contract by
having his lawyer furnish a written opinion stating the reason, and
citing the proper law or court case.
LEAD WARNING STATEMENT: Every Buyer of any interest in
residential real property on which a residential dwelling unit was built
prior to 1978 is notified that such property may present exposure to
lead from lead-based paint that may place young children at risk of
developing lead poisoning. If the dwelling unit was built prior to 1978,
Buyer has the right to inspect for lead, at Buyer's cost, for a minimum
of ten (10) days following Contract acceptance.
EXPIRATION: This offer shall expire unless a copy hereof with
Seller's written acceptance is delivered to Buyer or his Agent on or
before ________________________ (AM/PM/NOON/MIDNIGHT) on
_____________________________ 20____.
APPROVAL: The undersigned Buyer(s) has read, fully understands
and approves the foregoing offer and acknowledges possession of a signed
copy.
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______________________________________________ Witness |
______________________________________________ Buyer |
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______________________________________________ Witness |
______________________________________________ Buyer |
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Date: __________________ Time:__________ |
______________________________________________ Buyer's
Address: |
ACCEPTANCE
The undersigned Seller(s) has read,
fully understands and verifies the above information as being correct and
accepts the foregoing offer; agreeing to sell the herein described
property on the terms and conditions herein specified and acknowledges
receipt of a signed copy.
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______________________________________________ Witness |
______________________________________________ Seller |
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______________________________________________ Witness |
______________________________________________ Seller |
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Date: __________________ Time:__________ |
______________________________________________ Seller's
Address |
This form is courtesy of:
 http://www.jerushomes.com
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