Contract in form of offer and acceptance.
Real Estate Contract
To: _________, Seller
Offer of Purchaser
The terms of this offer to be as follows:
I/We offer to purchase the property known as: _________ Street, _________(city), _________ County, _________(state) _________(zip)
Legally described as (if not available, legal description to be inserted later): _________.
Lot approximately _________, together with improvements on it including the following, if any, located on the premises as of the date of this agreement: screens, storm windows and doors; shades, Venetian blinds; drapery rods; curtain rods; radiator covers; attached TV antennas; heating, central cooling, ventilating, lighting and plumbing fixtures; attached mirrors, shelving, interior shutters, cabinets and bookcases; awnings; porch shades; planted vegetation; garage door openers and transmitters; attached fireplace screens; as well as the following specific items: _________.
All of the foregoing items of personal property shall be transferred to purchaser by delivery at closing of a customary bill of sale.
1. Purchase price $_____.
2. Initial earnest money $_____ in the form of _________ check dated _________, payable to _________. Upon acceptance of this offer, the check shall be properly endorsed by payee and deposited by _________, as broker. The earnest money shall be increased to 10% (20% if unimproved) of purchase price within _________ days after acceptance of this agreement. The initial earnest money shall be returned, and this offer shall be void if not accepted on or before _________.
3. Purchase price, subject to prorations, shall be paid as follows [strike out the inapplicable subparagraphs]:
(a). All in cash, cashier’s check, or certified check at closing.
(b). $_____(which includes earnest money) in cash, cashier’s or certified check, and (unless within _________ days of the acceptance of this agreement by owner purchaser has obtained another mortgage commitment satisfactory to purchaser and has given written notice of the fact to owner) the balance by the purchaser taking title subject to and assuming as of the date of closing and agreeing to pay the indebtedness secured by the existing mortgage or trust deed, dated _________, recorded or registered in _________ County as Document No. _________, and evidenced by a note currently held by _________ having an unpaid balance as of this date of $_____, and bearing _____% interest per annum on unpaid principal, provided the note is not in default on date of closing. The note is payable in _________ installments per year (including principal, interest, tax and insurance deposits and loan guarantee insurance) of $_____ each, final payment being due on _________.
The parties to this agreement agree to sign a written assumption agreement with and in a form satisfactory to the legal holder of the note, assumption expense to be paid by the purchaser not to exceed $_____, and balance, if any, to be paid by seller, the owner also to remain obligated to the legal holder if the legal holder so demands. In the event the purchaser is unable to secure permission of the legal holder to assume the indebtedness or to obtain another mortgage commitment within the above-specified number of days of acceptance of this agreement, purchaser shall take title subject to the mortgage or trust deed (unless said instrument contains an express prohibition to such taking without the legal holder’s consent, in which event this contract shall be null and void and the earnest money shall be returned to the purchaser) and shall be written instrument, in form satisfactory to owner, save and hold harmless owner from all further liability on this agreement. The amount of cash due shall be adjusted depending on the actual principal balance due on the note at the time of closing.
(c). $_____(which includes earnest money) in cash, cashier’s check or certified check, and the balance by (purchase money note and mortgage) (agreement for warranty deed, installment) [strike one] for $_____ with interest on unpaid balance at _____% per annum, with _________ payments per year (including interest) of $_____ each, the final payment to be due on _________ and with unlimited prepayment privilege without penalty. The instruments shall be prepared by the attorney for the seller in a form to be approved by the purchaser or h? attorney. In the event the parties cannot agree on the form of the instruments, seller’s attorney shall prepare a note and trust deed on the appropriate _________[bank or trust company] printed legal form or the agreement for warranty deed, installment (long form) on the _________ & Co. printed legal form of same. Within _________ days of the acceptance of this agreement, purchaser shall furnish seller a credit report. Provided such report has been furnished, seller shall notify purchaser within _________ days after the acceptance of this agreement whether seller is willing to accept the purchase money note and mortgage or agreement for warranty deed, installment provided for in this agreement. If seller notifies purchaser in writing that seller is not willing to accept the note and mortgage or agreement, this contract shall be null and void and the earnest money shall be returned to purchaser. If seller fails to deliver to purchaser any notification whatever within the above specified time, seller shall be deemed to have accepted said note and mortgage or agreement. If purchaser fails to furnish such credit report within the time specified above, this contract at seller’s option shall become null and void.
(d). This offer is contingent upon the ability of purchaser to secure within _________ days of acceptance of this agreement by owner, a mortgage commitment for $_____ with interest at not more than _____% per annum to be amortized over _________ years with the commission for such loan not to exceed _____%. Purchaser agrees to furnish flood hazard insurance if required by mortgagee. If purchaser is unable to obtain such commitment, purchaser shall notify seller in writing within that number of days. If seller is not so notified, purchaser shall for all purposes be deemed to have secured such commitment or to have agreed to purchase the property without mortgage financing. If seller is so notified, seller may, at seller’s option, within an equal number of additional days of the notice, secure a mortgage commitment upon the same terms. In such event, purchaser agrees to furnish to seller all requested credit information and to sign customary papers relating to the application and securing of mortgage commitments. If purchaser notifies seller as above provided, and neither purchaser nor seller are able to secure such commitment as above provided, this contract shall be null and void and the earnest money shall be returned to the purchaser.
4. (a) Closing or escrow payout shall be on _________[date], provided title has been shown good or accepted by purchaser, by conveyance by stamped recordable warranty deed with release of dower and homestead rights (or other appropriate deed if title is in trust or in an estate) and payment of purchase price, including earnest money and delivery of purchase money mortgage, if any, or, in the alternative to conveyance, by delivery of agreement for warranty deed installment.
(b). Title shall be conveyed subject only to: general taxes for _________[year] and subsequent years; special taxes or assessments, if any, for improvements not yet completed; installments, if any, not due at the date of this agreement of any special tax or assessment for improvements now completed; building lines and building and liquor restrictions of record; zoning and building laws and ordinances; public utility easements; public roads and highways; easements for private roads; covenants and restrictions of record as to use and occupancy; party wall rights and agreements, if any; the mortgage or trust deed, if any, as described in paragraph 3(b) above. [Strike this subparagraph if agreement for warranty deed, installment provided for.]
5. Real estate taxes (based on most recent ascertainable taxes); assignable insurance policies, if requested by purchaser; rents, if any; water taxes and other proratable items including flood hazard insurance shall be prorated to date of possession. Fire and extended coverage insurance policies shall be assigned to and accepted by purchaser at closing. (This does not apply to home-owners insurance policies.) If property in this agreement is improved but last available tax assessment is on vacant basis or partial improvement, parties to this agreement agree to reprorate when the _________[year] bill is available and if the bill is not based on fully improved assessment to reprorate for _________[year] when bill for that year is available.
6. (a) Seller shall deliver or cause to be delivered to purchaser or purchaser’s agent, not less than five days prior to the time of closing, a title commitment for an owner’s title insurance policy issued by a title insurance company licensed to do business in the State of _________, in the amount of the purchase price, covering title to the real estate on or after the date of this agreement, showing title in the intended grantor subject only to (1) the conditions and stipulations and standard or general exceptions contained in the owner’s policy issued by that company, (2) the title exceptions set forth above, in paragraph 4(b), and (3) title exceptions which may be removed by the payment of money at the time of closing and which the seller may so remove at that time by using the funds to be paid upon the delivery of the deed. Delay in delivery by seller of commitment for title insurance due to delay by purchaser’s mortgagee in recording mortgage and bringing down title shall not be default of this paragraph. Every title commitment furnished by the seller under this agreement shall be conclusive evidence of good title as shown in it, subject only to exceptions as stated in it. As to all or any part of the real estate which, on the date of this contract, was registered in the office of the registrar of titles of _________ County, the seller may either (1) tender the title commitment required in this agreement, and a currently dated registrar of title’s special tax search, or (2) exhibit the owner’s duplicate certificate of title or a certified copy of it, and tender a currently dated registrar of title’s special tax search and a currently dated registrar of title’s federal tax lien search. Every certificate of title or title commitment furnished by the seller under this agreement shall be conclusive evidence of good title as shown in it subject only to exceptions as stated in it. Seller also shall furnish purchaser an affidavit of title covering the time of closing, subject only to the title exceptions permitted by this contract and sign customary ALTA form.
(b). If the title commitment discloses exceptions relating to title other than those referred to in paragraph 6(a), seller shall have 30 days from the date of the delivery to purchaser of it to have these exceptions removed from the commitment. If seller fails to have these exceptions removed within this time, purchaser may terminate this contract or may elect, upon notice to seller within 10 days after the expiration of the 30-day period, to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If purchaser does not so elect, this contract shall be come null and void without further action of the parties, and the earnest money shall be returned to the purchaser.
7. Possession shall be delivered on _________[date], provided sale has been closed. $_____ of the purchase price is to be held in escrow by _________ as security to purchaser for possession, to be paid to the purchaser at the rate of $_____ per day for each day possession is withheld beyond that date. Possession shall be deemed given when seller has vacated the premises and delivered the keys to the same to purchaser or to the broker(s). Any balance in the escrow fund after possession is delivered shall be paid to seller.
8. Earnest money and this contract shall be held by _________ for the benefit of the parties to this agreement. If the purchaser defaults, earnest money shall be forfeited and applied to payment of broker’s commission and any expenses incurred, and balance paid to seller. At seller’s election such forfeiture may be in full settlement of all damages. If seller defaults, earnest money, at option of purchaser shall be refunded to purchaser, but such refunding shall not release seller from the obligation of this contract.
9. General conditions.
(a). If prior to closing, improvements on the premises shall be destroyed or materially damaged by fire or other casualty, this contract at option of purchaser shall become null and void.
(b). Prior to closing, seller shall furnish a survey by a licensed land surveyor showing the location of the buildings to be within the lot lines and showing no encroachments of buildings from adjoining properties. Providing all existing improvements and encroachments, if any, appear on the furnished survey, purchaser shall bear the cost of any later date survey which may be required by purchaser’s mortgagee or desired by purchaser.
(c). Existing mortgage and lien indebtedness shall be paid out of the sale proceeds.
(d). Purchaser may place a mortgage on this property and apply proceeds on purchase. Purchaser agrees to furnish flood hazard insurance if required by mortgagee.
(e). Seller shall remove all debris from premises by date of possession.
(f). The seller warrants that neither ?he nor h? agent has received notice of any dwelling code violation which exists on the date of this contract from any city, village, or other governmental authority.
(g). Seller and purchaser shall execute all documents and provide all information so that any federal lender can issue its commitment and close the transaction in accordance with the requirements of the Real Estate Settlement Procedures Act of 1974.
(h). All notices or other communications which may be made pursuant to or which may be necessary or convenient in connection with this agreement shall be in writing and shall be made to the parties to this agreement at the addresses which appear after their names (or at such address as each may by written notice to the other designate) by personal service or by regular, certified or registered mail. In the case of mailing the week day (except legal holidays) after the date of mailing shall be deemed the date of delivery.
(i). This sale shall be closed at office of purchaser’s mortgagee or, if none, at office of listing broker, or as specified below: _________(name), _________(address) or, at request of either party, in escrow with the title company issuing the title commitment by deed and money escrow; fee to be divided between seller and purchaser.
(j). Seller will pay a broker’s commission of _________ to _________.
Acceptance of Offer by Seller
This _________[date], we accept this offer and agree to perform and convey title or cause title to be conveyed according to the terms of this contract.
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