Standard Purchase and Sale Agreement
This agreement is made this _________day of
_____________________, 20______
between
Seller(s)_________________________________________________________________
and
Buyer(s)_____________________________________________________________________
and/or assigns.
Seller agrees to sell and buyer agrees to buy the
following described real property together with all improvements and fixtures
and the personal property described below:
Street Address__________________________________________________________________
City, State,
Zip:__________________________________________________________________
Legal description:
________________________________________________________________
The purchase price
to be paid as follows:
Earnest Money Deposit
$____________________
Cash to Seller at Closing
$____________________
Total Purchase Price
$____________________
1. EARNEST MONEY to be deposited with a
licensed title company or attorney within 48 hours of acceptance and
ratification of offer.
2. PRORATIONS, IMPOUNDS & SECURITY DEPOSITS: Loan interest,
property taxes, insurance, and rents shall be prorated as of the date of closing.
All security deposits shall be transferred to buyer at closing. All impound
accounts for taxes and insurance are included in the purchase price and shall
be transferred to buyer at closing. Any shortage in these accounts shall be
charged to seller at closing.
3. CLOSING DATE AND TRANSFER OF TITLE: This transaction
shall close on or before _______________, 20___. Closing will be held at
____________________________ and Seller(s) agree to transfer marketable title
free and clear of all encumbrances except those listed and pay any required
state taxes or stamps required to record deed and mortgage. Seller agrees to
furnish title insurance in the amount of the purchase price, showing no
encumbrances or exceptions other than previously noted.
4. DAMAGE TO PROPERTY: Seller shall
maintain property in its current condition and keep it insured against all loss
until closing. In the event of destruction covered by insurance, buyer
may elect to close and collect the insurance proceeds.
5. DEFAULTS: If buyer defaults under this contract, any and all
monies deposited by buyer(s) shall be retained by seller as full liquidated
damages. If seller defaults, buyer may pursue all remedies allowed by law and
seller agrees to be responsible for all costs incurred by buyer as a result of
sellers default.
6. SUCCESSORS AND ASSIGNEES: The terms and
conditions of this contract shall bind all successors, heirs, administrators,
trustees, executors and assignees of the respective parties.
7. ACCESS: Sellers agree that buyers may advertise property and
have access during reasonable hours to show property to others.
8. INSPECTION:(a) Buyer shall have _______ days from Effective Date
(“Inspection Period”) within which to have such inspections of the Property
performed as Buyer shall desire and utilities service shall be made available
by the Seller during the Inspection Period; (b) Buyer shall be responsible for
prompt payment for such inspections and repair of damage to and restoration of
the Property resulting from such inspections; and (c) if Buyer determines, in
Buyer’s sole discretion, that the condition of the Property is not acceptable
to Buyer, Buyer may cancel this Contract by delivering written notice of such
election to Seller prior to the expiration of the Inspection Period. If Buyer
timely cancels this Contract, the deposit(s) paid shall be immediately returned
to Buyer; thereupon, Buyer and Seller shall be released of all further
obligations under this Contract.
9. ADDITIONAL TERMS AND CONDITIONS:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
The undersigned have read the above information,
understand it and verify that it is correct.
Date: __________________________________
Date: _____________________________
Seller: __________________________________
Buyer: ____________________________
Seller:
__________________________________
Buyer: ____________________________ SAMPLE SUBJECT TO CONTRACT
PURCHASE & SALE AGREEMENT FOR REAL ESTATE
AGREEMENT dated this
_______day of_______________20_____ by and between
_________________________________________________
___________________________________________
hereinafter "Seller" whose address
is________________________________________________
________________________________________and
_____________________________________________________________________________
hereinafter
"Buyer" (and/or assigns or nominees) whose address is
___________________________________________________________________.
1. THE PROPERTY. The parties
hereby agree that Seller will sell and Buyer will buy the following property,
located in and situate in the County of ___________________, State of
_______________________, known by street and address as
___________________________________________, more particularly described as
follows (enter legal description below):
EXACT LEGAL DISCRIPTION TO FOLLOW
The
sale shall also include all personal property and fixtures, except
__________________________________________________________________
________________________________________________________________________________________________________________________.
Unless specifically
excluded, all other items will be included, whether or not affixed to the
property or structures. Seller warrants
that property, improvements, building or structures, the appliances, roof,
plumbing, heating and/or ventilation systems are in good and working
order. This clause shall survive
closing of title.
2. PURCHASE PRICE. The total purchase price to be paid
by Buyer will be $___________________ payable as follows:
Earnest money deposit (see below) $
_____________________
Owner financing from seller (see
below) $
_____________________
New loan (see below)
$
_____________________
Subject to existing loans $
_____________________
Cash balance due at closing $ _____________________
Said price is subject to
appraisal by buyer and/or agent of buyer's choice.
3. EARNEST MONEY.
The buyer's earnest money shall be held in escrow by agent of buyer's
choice. Upon default of this agreement,
seller shall retain earnest money as his sole remedy without further recourse
between the parties.
4. NEW LOAN. This agreement is contingent upon buyer's
ability to obtain a new loan in the amount of $________________. Buyer is not required to accept any loan
with interest rate exceeding ___________% amortized over __________years or pay
any closing costs or points exceeding $____________. Buyer shall provide seller with written
proof of a loan commitment on or before_______________, 20_____.
5. SELLER FINANCING. Buyer shall deliver a promissory
note in the amount of $_________________.
In case of default, recourse shall be against the property and there
shall be no personal recourse against the borrower. As security for performance of the promissory
note, buyer shall provide the seller a security deed which shall be subordinate
to a new first mortgage not to exceed $_______________.
6. EXISTING LOAN. In the event part of the purchase price is to
be satisfied by buyer taking subject to existing financing, buyer shall not be
required to pay fees exceeding $______________ nor be required to show income
or creditworthiness to the holder of said mortgage or deed of trust. Seller expressly agrees and understands that
buyer is taking the property "subject to" such mortgages or deeds of
trust, and is not expressly assuming responsibility for the underlying loans.
If the actual loan balance of said loan is less than as stated herein, the
purchase price shall be reduced to reflect the difference; if the actual loan
balance is more than as stated herein, then buyer's required cash payment shall
be reduced accordingly. Seller agrees to forfeit tax and insurance escrows held
by said lender or its assigns.
7. SETTLEMENT.ISURABLE
TITLE & CLOSING: Seller warrants that he/she is vested with full
powers and authority to enter into this Agreement. If Seller has marketable
& insurable title, no encroachments and property is not in a flood
plain/zone, then this Agreement will be closed and the deed and other closing
papers delivered within [ ]
days after the acceptance of this agreement, & key copy given to
Buyer, & all stipulations and conditions of this Agreement have been
met, OR [ ] days after the tenant/owner vacates the house
and removes all property/debris & key copy given to Buyer & all
stipulations and conditions of this Agreement have been met. In the event that
this Agreement is unable to close on or before the above stated date, then
Buyer or Seller may, by notice to the other party (notice must be received on
or before the closing date) extend this Agreement’s closing date up to seven
(7) days from the above stated closing date.
If title is not
marketable and insurable, title defects or encroachments will be cured at
Seller’s expense, and Buyer will close within 10 days of cure. If Seller cannot
provide marketable/insurable title to Buyer by closing, then the Buyer can, at
his sole discretion, either: (1) extend this Agreement or, (2) have Seller
return to Buyer all earnest monies paid and fees incurred for curing title and
preparing for closing including, but not limited to, surveys, attorneys fees and appraisal. Once these monies are returned to
Buyer this Agreement will be null & void.
Tenant and/or Seller must: (1) vacate and leases must be legally
terminated prior to closing, (2)give 3 weeks advance notice to Buyer, when
they’re vacating/moving.
Buyer shall pay the following costs in
transferring title: [ ] title insurance policy [ ]
loan assumption [ ]
transfer fee [ ] transfer taxes
[ ]
recording fees [ ]
attorney closing charges [ ]
hazard insurance premium [ ]
mortgage insurance premium
[ ]
survey
The following Items will be prorated at
closing: [ ] Mortgage insurance [ ]
Property taxes [ ] PMI Insurance [ ]
Hazard insurance
[ ]
Homeowner's association dues [ ] Rents
[ ] Other ____________________________
The buyer may extend the closing date an
additional THIRTY (30) days by paying the seller $___________________in cash.
Buyer reserves the right
to do a final inspection the day of closing.
8. POSSESSION. Seller shall surrender possession to the
property in clean, debris free condition, and free of all personal items on or
before __________, 20_____ ("possession date", In the event
possession is not delivered at closing, buyer shall withhold proceeds from the
sale in the amount of $__________ as security.
Seller shall be liable for damages in the amount of $______ per day for
each day the property is occupied beyond the possession date. This paragraph
shall survive the closing of title.
9. INSPECTION.
This agreement is subject to the final inspection and approval of the
property by the buyer in writing on or before ______________, 20______ and is
subject to a termite report from the buyer’s pest control company that is
acceptable to the buyer.
10. ACCESS. Buyer shall be entitled a key and be
entitled to immediate access to show partners, lenders, inspectors and/or
contractors prior to closing. Buyer may place a sign on the property prior to
closing for prospective tenants, contractors and/or assigns.
11. This agreement is subject to the final inspection and
approval of the condition of the property by the buyer and/or associates,
assigns and/or nominees in writing before closing. This agreement is also
contingent upon buyer’s inspections, approval and acceptance of all paperwork,
leases, appraisals, tenant histories and completed title work.
SPECIAL STIPULATIONS
_________________________________ _______________ ___________________________________ _____________
Seller Date Buyer Date
_________________________________ _______________ ___________________________________ _____________
Seller Date Buyer
Date
SAMPLE RENT WITH OPTION TO OWN CONTRACT
RESIDENTIAL LEASE WITH OPTION TO PURCHASE THIS AGREEMENT MADE and entered into on this _____ day of __________________, _____ by and between _______________________________________________________, hereinafter called Lessor, and ____________________________________, hereinafter called Lessee, hereby leases to Lessee, his/her heirs or assignees, the premises situated in the city of _______________, County of ____________, State of _______, legally described as ____________________________________________________, with the street address of ____________________________________________________________________ ____________________________________________________________________ upon the following terms and conditions: 1. Option to Purchase: In consideration of the Lessee meeting all obligations as stated herein under this lease, the Lessor hereby grants the Lessee an option to purchase under the following terms and conditions: a. The option price is ______________________________________________________. The terms of purchase will be: _______________________________________________. b. Lessee understands that time is of the essence in this agreement. The option will expire without notice and be of no further effect if not exercised on or before ______________, ______. c. Lessee has paid the sum of $_____________ as a non-refundable option consideration which will be applied toward the purchase price of the property if, and only if, Lessee exercises this option to purchase. In the event Lessee fails to exercise the option or defaults under any terms of the lease, the option will be void and all monies will be retained by Lessor as liquidated damages and not as a penalty. The option consideration will be refundable only if 1) a pre-closing home inspection by a certified home inspector reveals structural damage in excess of four (4) % of the option price of the property (provided, however, that lesser damage will be the responsibility of Lessor to correct prior to closing); (2) Lessor fails to produce a satisfactory termite letter prior to closing; or (3) Lessor fails or is unable to meet any of the obligations set forth in the lease option agreement. d. __________ % of the rent paid pursuant to this lease agreement will be applied as additional option consideration to reduce the option price if and only if the Lessee exercises this option to purchase, provided, however, that no payments made after the 15th of any month for which rent is due, or for which payment tendered is returned NSF, shall be credited towards a reduction in the option price. e. The option shall be exercised by mailing or delivering written notice to the Lessor prior to the expiration of this agreement. Notice, if mailed, shall be by certified mail, postage prepaid, to the Lessor at the address set forth below, and shall be deemed to have been given upon the day shown on the postmark of the envelope in which such notice is mailed. f. This purchase option is not contingent upon Lessee’s ability to obtain financing from a lender. 2. Personal Property: Said lease shall include the following personal property: ____________________________________________________________________ 3. Term: The term hereof shall commence on ________ , ______ and continue for a period of ______________. 4. Rent: Rent shall be $______ per month, payable in advance, upon the first day of each calendar month to Lessor or his or her authorized agent at the following address: ____________________________________________________________________ In the event the rental payment is not received within five (5) days after the due date, Lessee agrees to pay a late charge of $__________ plus interest at ______% per annum on the delinquent amount. If payment is not received by the 15th of any month for which rent is due, the payment will be subject to an additional late fee of $______ and will not be applied as an additional consideration towards the option price of the property. Any check tendered in payment of rent that is returned NSF will be subject to a service charge of $_______ and will not be applied as an additional consideration towards the option price of the property. 5. Utilities: Lessee shall be responsible for the payment of all utilities and services. 6. Use: The premises shall be used as a residence and for no other purpose without prior written consent of Lessor. 7. Maintenance, Repairs or Alterations: Lessee shall maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings therein, and shall surrender the same at termination thereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for damages caused by his/her negligence and that of his/her family, or invitees or guests. Lessee shall maintain any surrounding grounds, including lawns and shrubbery, and keep the same clear of rubbish and weeds, if such grounds are part of the premises and are exclusively for use of the Lessee. Lessee shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, are and will become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Agreement. 8. Entry and Inspection: Lessee shall permit Lessor or Lessor’s agents to enter the premises at reasonable times and upon reasonable notice for the purpose of inspecting the premises or for making necessary repairs. 9. Possession: If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby nor shall this agreement be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this agreement if possession is not delivered within ____ days of the commencement of the term hereof. 10. Security/Damage Deposit: The security deposit of $_______ shall secure the performance of the Lessee’s obligations hereunder. Lessor may apply all or portions of said deposit on account of Lessee’s obligations hereunder. Upon exercise of the option, Lessor shall credit said deposit towards the purchase price of the property. . 11. Deposit Funds: In the event Lessee does not exercise the purchase option, any returnable portion of the security/damage deposit shall be refunded within fifteen (15) days from the date possession is delivered to Lessor or his/her authorized agent. 12. Attorney Fees: The prevailing party shall be entitled to all costs incurred in connection with any legal action brought by either party to enforce the terms hereof or relating to the demised premises, including reasonable attorneys’ fees. 13. Notices: Any notice which either party may or is required to give may be given by mailing the same, postage prepaid, to Lessee or at such other places as may be designated by the parties from time to time. 14. Heirs, Assigns, Successors: This lease and option shall include and insure to and bind the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 15. Default: If Lessee shall fail to pay rent when due or perform any term hereof after not less than three (3) days written notice of such default given in the manner required by law, the Lessor at his/her option may terminate all rights of the Lessee hereunder, unless Lessee, within said time, shall cure such default. If Lessee abandons or vacates the property while in default of payment of rent, Lessor may consider any property left on premises to be abandoned and may dispose of the same in any manner allowed by law. In the event the Lessor reasonably believes that such abandoned property has not value, it may be discarded. 16. Encumbrances: Lessee shall take title to the property subject to: a) Real Estate Taxes not yet due and 2) Covenants, conditions, restrictions, reservations, rights, rights of way, and easements of record, if any. 17. Examination of Title: Lessee shall have fifteen (15) days from the date of receipt of title report to examine the title to the property and to report, in writing, any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing with said fifteen (15) days. If Lessee objects to any exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of the Lessee, terminate and end unless he/she elects to purchase the property subject to such exceptions. 18. Evidence of Title: Lessor shall provide evidence of title in the form of a policy of title insurance at Lessor’s expense. 19. Bill of Sale: The personal property identified in paragraph ____ shall be conveyed by bill of sale. 20. Closing: Closing shall be within _____ days from the exercise of the option unless otherwise extended by other terms of this agreement. 21. Closing Costs: Lessee shall be responsible for all closing costs other than those referenced herein as being the responsibility of the Lessor. 22. Prorations: Tax and insurance escrow account, if any, to be transferred intact to Lessee with no prorations. Interest and other expenses of the property to be prorated as of the date of closing. In witness whereof, the parties hereto have executed this agreement the day and year first above written. ______________________________ __________________________________ Lessee Lessor _____________________________ __________________________________ Lessee Lessor _____________________________ __________________________________ Address Address
SAMPLE OWNER FINANCE CONTRACT
Owner Financing Mortgage Contract This agreement is entered into on the __________ day of __________________, 20____ between __________________________________________ (hereinafter “Owner”) and _____________________________________________ (hereinafter “Buyer”) for the sale of the property located at _____________________________________________________ (hereinafter “property”). At all times the laws of the state in which the property is located govern this contract. This contract is not a sale contract for the property. A separate sale contract for the property must be entered into and executed according to the laws of the state in which the property is located. Loan Terms This contract establishes that Owner shall sell and Buyer shall buy the property and that Owner shall finance the balance of the purchase price for the property for Buyer after Buyer delivers a down payment. The purchase price of the property is ______________________, as agreed to by the parties to this contract. This amount was agreed to after an appraisal of the property, which occurred on _________________________ and was conducted by _________________________________. Buyer is/is not (circle one) obtaining financing for any portion of the purchase price of the property from a third party, such as a bank. Buyer must notify Owner of the amount of financing obtained from any third party and provide the name and contact information of the third party within 30 days of obtaining such financing. The down payment amount of _________________ has been agreed to by the parties and is to be delivered no later than __________________________, 20_____. Failure to provide this down payment nullifies this contract in its entirety. The amount that Owner will finance for Buyer for the sale of the property is _____________________ (hereinafter “Owner finance”). Owner shall carry the promissory note for the entire mortgage term for the amount identified as Owner finance. Buyer has submitted a mortgage application to obtain this financing and Owner has approved Buyer’s finances. Financing for the mortgage is to last for a period of _________________ and carries an interest rate of ________________. This interest rate is/is not (circle one) flexible according to the Page 2 of 3 mortgage rate index chosen by the parties. The parties have chosen ______________________ as the mortgage rate index to govern this contract. Any changes to interest rate can be made solely by the Owner, but must be provided in writing no less than ________ days prior to the change coming into effect. Payment for the mortgage is due monthly in the amount of _________________________. This amount does/does not (circle one) include taxes, insurance, and legal, state, and other fees associated with owning the property. Should this amount include these fees and should these fees change due to changes in rates being set by the governing party, such as the state tax authority, the parties will notify each other of any changes that are brought to their attention within 30 days. Prepayment of all or a portion of the financing extended to Buyer is allowed and carries no penalties. This agreement is secured by the home. Buyer’s failure to pay the mortgage payment when due as described above entitles Owner to initiate foreclosure proceedings as allowed by state against Buyer. Owner has the right to repossess the property after the conclusion of foreclosure proceedings, as outlined and permitted by the laws of the state in which the property is located. Loan Servicing Owner will/will not (circle one) hire a loan servicing company to draw up the mortgage documents and handle the processing of payments. The selection of the servicing company is solely at the discretion of the Owner. Any fees charged by the chosen company for servicing the loan will be handled directly by the Owner. Owner reserves the right to hire a servicing company at any time. Notification of the choice of servicing company will be provided to the Owner no later than 30 days before payment should be sent to the servicing company. Owner may change servicing companies at any time without giving prior notice to Owner. However, Owner must notify Buyer or have the new servicing company notify Buyer of any changes to choice of loan servicing company at least 30 days prior to the change in mailing address for monthly payment. Any fees incurred due to the Owner’s failure to provide Buyer with notice, either directly or from the service company, and the Buyer’s sending payment to the incorrect address shall be paid by Owner. This contract is full in its entirety. Any additions must be made in writing and amended to this contract. Page 3 of 3 Entered into this __________ day of ________________________, 20_____. _____________________________________________ Buyer ______________________________________________ Owner Notarized or executed according to governing state law this ______________ day of ____________________, 20___
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