Parties
___________________________________________________________________referred
to as (Buyer), and
_____________________________________________________________________
referred to as (Seller), which terms may be singular or plural and include
the heirs, successors, personal representatives and assigns of Seller and
Buyer, hereby agree that Seller will sell and Buyer will buy the following
property, with such improvements as are located thereon, and is described
as follows: All that tract of land lying and being in Land Lot ___________
of the ___________ District, Section _______ of ______________ County, and
being known as Address: ______________________________________
City:______________ State: __________ Zip:_______ according to the present
system of numbering in and around this area, and being more particularly
described as Lot ______, Block _________, Unit ________, Phase/Section
______ of _____________________Subdivision, as recorded in Plat Book
_______________, Page ________________________ County, _______________
records together with all light fixtures, all electrical, mechanical,
plumbing, air-conditioning, and any other systems or fixtures as are
attached thereto; all plants, trees, and shrubbery now a part thereof,
together with all the improvements thereon, and all appurtenances thereto,
all being hereinafter collectively referred to as the "Property". The full
legal description of said Property is the same as is recorded with the
Clerk of the Superior Court of the County in which the Property is located
and is made a part of this Agreement by reference.
Seller will sell and Buyer will buy upon the following terms and
conditions, as completed or marked. On any conflict of terms or
conditions, that which is added will supersede that which is printed or
marked. It is understood that the Property will be conveyed by Warranty
Deed, with covenants, restrictions, and easements of record.
- Total Purchase Price
to be paid by Buyer is payable as follows:
|
A. Earnest Money Received from
Buyer: |
$______________________ |
|
B. Additional Earnest Money due from Buyer on _____________,
20___ |
$______________________ |
|
C. Purchase money loan to Seller on terms set forth in
Paragraph 2a. (including discount points) |
$______________________ |
|
D. Proceeds of a new loan to be executed by Buyer to any lender
other than Seller as set forth in Paragraph 2b. Name of Lender
______________________ |
$______________________ |
|
E. Balance due at closing (not including Buyers closing costs,
prepaid items or promotions) in U.S. cash or locally drawn
certified or cashiers check Approximately [__] Exactly
[__] |
$______________________ |
|
F. Total Purchase Price. Approximately [__] Exactly
[__] |
$______________________ |
- Financing
- [__] Seller Financing
: The balance due to Seller will be
evidenced by a negotiable Promissory Note of Borrower, secured by a
Mortgage or Deed to Secure Debt on the Property and delivered by Buyer
to Seller dated the date of closing, bearing an annual interest rate
of ________% and payable at $___________ per ________for
________ months, which includes [__]; does not include [__], an escrow
for property taxes and hazard insurance. Loan amount includes loan
discount point(s). This loan contains a ______% prepayment penalty.
This Agreement is NOT assignable without the consent of Seller.
- [__] New Financing
: If Buyer does not obtain the required
financing, the earnest money deposit shall be forfeited to Seller as
liquidated damages. Buyer will make application for financing within
five days of the date of acceptance of the Agreement and in a timely
manner furnish any and all credit, employment, financial and other
information required by the lender. In the event the original loan
application is denied, Buyer, if requested by Seller, will reapply
within five days of such request to an alternate institution. Seller
has the option to substitute itself as an alternative-financing
source. Unless such mortgage loan is approved without continued
contingencies other that those elsewhere covered in this Agreement
within thirty (30) days of the date of acceptance of this agreement,
Seller will have the right to terminate this Agreement, and the Buyer
will return to Seller all the title evidence and surveys received from
seller
Buyer's Initials _______________
Buyer Will Pay: Buyer will pay all closing costs to include;
Recording Fees, Intangibles Tax, Credit Reports, Funding Fees, Loan
Origination Fee, Document Preparation Fee, Loan Insurance Premium, Title
Insurance Policy, Attorney's Fees, Courier Fees, Overnight Fee,
Appraisal Fee, Survey, Transfer Tax, Satisfaction and Recording Fees,
Wood Destroying Organism Report and any other costs associated with the
funding or closing of this Agreement. Buyer will pay all additional
moneys.
Prorations: All taxes, rentals, condominium or association fees,
monthly mortgage insurance premiums and interest on loans will be
prorated as of the date of closing.
Page 2 of 2 Standard Real Estate Purchase and Sale
Agreement
Title insurance: Within five (5) days of this Agreement Seller
will deliver to Buyer or closing attorney: Title insurance commitment
for an owner's policy in the amount of the purchase price. Any expense
of curing title, including but not limited to legal fees, discharge of
liens and recording fees will be paid by Seller.
Survey: Within ten (10) days of acceptance of this Agreement,
Buyer or closing attorney, may, at Buyer's expense, obtain a new staked
survey showing an improvements now existing thereon and certified to
Buyer, lender and the title insurer.
Wood destroying Organism Report: "Wood Destroying Organism"
means any arthropod or plant life which damages a structure. Buyer, may
have property inspected by a Certified Pest Control Firm to determine
whether there is any visible active wood destroying organism infestation
or visible existing structural damage from wood destroying organisms to
the improvements. If Buyer is informed of either or both of the
foregoing, Seller will have seven (7) days from receipt of written
notice within which to have all such wood destroying organism damages
inspected and estimated by a licensed building or general contractor.
Seller will pay costs of treatment and repair of all structural damage
up to one percent ( 1% ) of the purchase price-
Title Examination and Time for Closing: A. If title evidence and
survey, as specified above, show Seller is vested with a marketable
title, subject to the usual exceptions contained in title insurance
commitments (such as exceptions for survey, current taxes, zoning
ordinances, covenants, restrictions and easements of record), the
transaction will be closed and the deed and other closing papers
delivered on or before ____________________________________, 20_____
unless extended by other conditions of this Agreement or this agreement
is canceled by the Buyer.
If title evidence or survey reveals any defects which render the
title unmarketable, Buyer will have 7 days from receipt of title
commitment and survey to notify Seller of such title defects and Seller
agrees to use reasonable diligence to cure such defects at Seller's
expense and will have 30 days to do so, in which event this transaction
will continue.
Property Condition: Seller agrees to deliver the Property in its
PRESENT AS-IS CONDITION except as otherwise set forth herein. Seller
does hereby certify and represent that Seller has the authority and
capacity to convey the Property with all improvements. Seller further
certifies and represents that Seller knows of no latent defects to the
Property and knows of no facts materially affecting the value of the
Property except the following. Buyer has inspected the Property and
accepts the Property in it's PRESENT AS-IS CONDITION, except as
otherwise specified herein.
Personal Property: Included in the purchase price are all fixed
equipment including carpeting, floor coverings, ceiling fans,
dishwasher, range, range hood, drapery hardware, attached lighting
fixtures, mailbox, fence, plants, and shrubbery as now installed on the
property, and these additional items:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
Default and Attorney's Fees: Should Buyer elect not to fulfill
Buyer's obligations under this Agreement, all earnest monies will be
retained by the Seller as liquidated damages and fun settlement of any
claim, whereupon Buyer and Seller will be relieved of all obligations
under this Agreement. If Seller defaults under this agreement, the Buyer
may seek specific performance or elect to receive
_______________________ in return of the Buyer's earnest money deposit.
In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all costs including
reasonable attorney's fees.
Entire Agreement: There are no other agreements, promises or
understandings between these parties, except as specifically set forth
herein. This legal and binding Agreement wil1 be construed under Law,
will not be recorded and if not understood, parties should seek
competent legal advice.
Special Stipulations: The following stipulations, if in conflict
with any of the preceding, shall control:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
IN WITNESS WHEREOF, all of the parties hereto affix their hands and
seals this _____ day of _______________________,
20______
|
___________________________________________ Seller |
____________________________________________ Buyer |
|
___________________________________________ Seller |
___________________________________________ Buyer |