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TIAL REAL ESTATE SALE CONTRACT
________________________________________ (The Sellers)
________________________________________ (The Buyers)
The Effective Date shall be the date of final acceptance by the last party to sign this
agreement and/or addendum attached hereto.
1. PROPERTY: BUYER agrees to purchase, and SELLER AGREES TO SELL
THE PROPERTY AND THE IMPROVEMENTS THEREOF (the
“PROPERTY”) commonly known as:
______________________ _____________________ ___________
________________
Street Address City ZIP County
STATE (check one) [ ]Missouri. [ ]Kansas
[ ] SEE ATTACHED or LEGAL DESCRIPTION:
_________________________________
The PROPERTY shall include the following, if any unless otherwise excluded: gas
heaters, propane tanks including propane (if owned), central ventilating, central air
conditioning, attached TV antennas, lighting and light fixtures, heating and plumbing
equipment and fixtures, attached minors, bathroom minors, linoleum, wall to wall
carpet, window and porch shades, blinds, storm windows and doors, screens, curtain
and drapery rods, awning (s), electric garage door openers and remote transmitting
units, keys, attached humidifiers, attached outside cooking units, soft water
conditioner (if owned), fire, smoke, and burglary detection units (if owned), attached
fireplace screens and/or glass doors, attic and ceiling fans, built-in appliances and:
___________________________________________________
The following items shall not be considered a part of the transferred PROPERTY:
2. PURCHASE PRICE: The Purchase Price for the Property is:
$___________________ which the BUYER agrees to pay as follows:
A. Earnest Money in the form of (check one)
[ ]Personal Check or [ ] Other _________ in the amount of $
___________
Deposited with (Check One)
[ ]_____________________ [ ]_______________________
Escrow Agent
B. Additional Earnest Money on or before ________,20__ $
______________
Deposited with: (Check One)
[ ] _____________________ [ ] ______________________
Escrow Agent
C. Amount financed by the BUYER $ ____________________
(Not including financed mortgage Insurance premiums, or closing
costs, if any)
D. Balance of purchase price to be paid by certified funds $
_____________
(Purchase price less A, B & C) on or before the Closing Date
3. EARNEST MONIES AND ADDITIONAL DEPOSITS: Upon acceptance of this
Contract, unless agreed, any Earnest Money referenced in Paragraph 2 (A)
shall be deposited within five business days of the Effective Date in an
insured escrow account maintained by Escrow Agent. Any additional deposits
shall be deposited within five business days of receipt by Escrow Agent.
Buyer and Seller agree that the Escrow Agent may retain any interest earned
on escrowed funds. If the parties cancel this Contract or if the Earnest Money
is to be forfeited or refunded, the parties agree that the amount to be
distributed shall first be reduced by any unpaid charges for credit reports,
appraisals, surveys, terminate, mechanical and other inspections, and title
investigation fees, if any, incurred by the Escrow Agent on behalf of the party
receiving the funds.
Notwithstanding any other terms of this Contract providing for the forfeiture or
refund of Earnest Money, the parties understand that the Escrow Agent will
not distribute the Earnest Money without the written consent of all parties to
this Contract unless permitted to do so by applicable state laws. Suppose
BUYER and SELLER are unable to agree in writing upon the disposition of
the Earnest Money or any other funds. In that case, the Escrow Agent may
commence an interpleader or similar proceeding. BUYER and SELLER
authorize Escrow Agent to pay all funds to the Clerk of the Court for
disposition as the Court may direct. BUYER and SELLER agree that Escrow
Agent shall be entitled to reimbursement of its costs incurred in connection
with the interpleader or similar proceeding, including, without limitation,
reasonable attorneys’ fees and expenses.
BUYER and SELLER agree that in the absence of a dispute or written
consent to distribute, the failure by either to respond in writing to a certified
letter from the Escrow Agent within seven days (if Kansas property) or 15
days (if Missouri property) of receipt thereof or failure to make written demand
for return or forfeiture of the Earnest Money with 30 days (if Kansas property)
60 days (if Missouri property) of notice of cancellation of this contract shall
constitute consent to the distribution of the Earnest Money’s suggested in
such certified letter.
4. [ ] FINANCING CONDITIONS (check if applicable): This Contract is
contingent upon the BUYER obtaining financing pursuant to the attached
financing addendum.
5. CLOSING AND POSSESSION: (closing shall be completed on or before)
_____________ (Closing Date). SELLER shall deliver possession of the
PROPERTY to BUYER on ____________________ at
_____________________ (Possession Date).
6. [ ]SALE/CLOSING OF BUYER’S PROPERTY (check if applicable): BUYER
currently owns a house located at __________________ (Buyer’s House).
This Contract is conditioned upon this (check one):
a. [ ] SALE of BUYER’S house, which is currently on the market and
listed with _____________________ on or before
_________________, the PROPERTY shall remain on the market for
sale. Suppose SELLER accepts another bona fide offer before the sale
and closing of BUYER’S property. In that case, BUYER shall have
________(48 hours if left blank) hours from receipt of written notice
from SELLER TO EXERCISE THE OPTION OF CONTINUING THIS
Contract and converting it to a non-contingent (except for uncompleted
inspections) cash contract by PAYING DIRECTLY TO SELLER
ADDITIONAL EARNEST MONEY in the amount of $ ______________
(2% of the above purchase price if blank) and agreeing in writing to
remove both the condition respecting the sale of BUYER’S property
and all financing conditions of this Contract. At the Closing, the full
amount of the additional earnest money deposit shall be applied toward
the BUYER’S payment of the Purchase Price. If BUYER does not,
within the stated time, both remove these conditions in writing and pay
SELLER the additional earnest money, this Contract shall be canceled,
and the Earnest Money shall be returned to BUYER.
If the amount of the additional earnest money stated above is less than
2% of the purchase price, BUYER agrees not to exercise the option to
continue this Contract unless: (1) BUYER’S property is then currently
under contract and BUYER has loan approval subject only to the sale
of BUYER’S property; or (2) BUYER provides SELLER with evidence
of BUYER’S financial ability to close on the purchase without the loan
and funds from the closing of BUYER’S property.
b. [ ] of the sale of BUYER’S house, which is currently under contract, by
the Closing Date of this Contract. If the contract on BUYER’S house
cancels or otherwise falls to close through no fault of the BUYER,
BUYER shall notify SELLER in writing, and SELLER may cancel this
Contract. BUYER’S earnest money shall be refunded to BUYER.
7. CONDITION OF PROPERTY: this Contract shall not be effective until the
SELLER completes and BUYER signs the attached Statement of Condition
Addendum of the PROPERTY. SELLER shall maintain the PROPERTY in its
present condition through the date of possession. SELLER shall advise
BUYER of any substantial change in the PROPERTY condition prior to
closing.
8. INSPECTIONS: BUYER or BUYER’S representative, at BUYER’S expense,
may conduct any and all of the inspections listed below within the specified
time periods. (Inspection Periods). SELLER shall afford BUYER reasonable
access to the Property to conduct the inspections, re-inspections, or
inspection of any repairs completed by SELLER. BUYER authorizes
BUYER’S Inspector(s) to provide SELLER with a copy of any written
inspection report obtained by BUYER. BUYER shall be responsible and pay
for any damage to the Property resulting from the inspection(s). The SELLER
agrees that any repairs that the SELLER performs pursuant to the following
provisions shall be completed in a workmanlike manner with suitable quality
materials.
A. WOOD/PEST INFESTATION INSPECTION. BUYER may arrange any
inspection by a reputable licensed pest control firm to determine the
presence of termite, other wood-destroying insects, or further pest
infestation in the accessible areas of the PROPERTY. Suppose the
written inspection report reveals evidence of an active infestation. In
that case, the SELLER agrees to pay to have the PROPERTY treated
for control of the infestation and to provide BUYER with a certificate
evidencing treatment by a reputable, licensed pest control firm of
SELLER’S choice certificate BUYER agrees to accept. If there is
evidence of damage to the PROPERTY resulting from infestation,
SELLER agrees to complete and/or pay for repairs, provided the cost
does not exceed $ _______ (zero if left blank). If the cost of repairs
exceeds this amount, BUYER may cancel this Contract, and BUYER’S
earnest money will be refunded. If any, inspection, treatment, and
repairs for termite or other wood-destroying insects shall be completed
no earlier than thirty (30) calendar days prior to the Closing Date.
B. MECHANICAL, STRUCTURAL, ENVIRONMENTAL, OR HEALTH
INSPECTIONS. Within _______ calendar days (TEN DAYS IF LEFT
BLANK) after the Effective Date of this Contract, BUYER may conduct
inspections of the following: (I) mechanical equipment and systems
sold with the PROPERTY unless otherwise expressly excluded, if any,
all appliances, plumbing system (including septic system), electrical
system, heating system, and central air conditioning system; (2)
structural aspect of the PROPERTY, including without limitation the
following; foundation slab, roof, fireplace, chimney, siding, windows or
doors, ceiling, floors, the exterior, the interior, any wall, fence, deck,
sidewalk or driveway; (3) environmental or health hazards affecting the
PROPERTY, including without limitation, the following: radon gas,
asbestos, lead paint, unre-formaldehyde foam insulation, or any other
environmental or health hazard.
C. REPAIRS. If repairs to mechanical equipment or systems are deemed
necessary by a qualified professional to put such equipment or system
in operating condition or if structural defects, environmental or health
hazards are determined to exist and documented by the qualified
professionals’ written report(s). BUYERS and SELLER agree to
complete and/or pay for repairs or remediation as follows:
1. BUYER agrees to pay the first $ _________ (zero if left blank) of
repairs (NOT APPLICABLE IF DVA FINANCING)
2. SELLER agrees to pay the next $ _________ (zero if left blank)
of repairs
The provisions of this paragraph relating to repairs DO NOT apply to
damage resulting from pest infestation. Such damages are governed
by the terms of paragraph 9(A).
D. NOTICE OF UNACCEPTABLE CONDITIONS, IF BUYER’S
inspections, reveal unacceptable conditions, the repair cost of which
exceeds the total amount which BUYER and SELLER agreed to pay in
subparagraph C above, BUYER may, before the expiration of the
“Inspection Period,” deliver a written notice to SELLER electing either
of the following options:
1. Cancellation of this CONTRACT, in which case the BUYER’S
earnest money will be refunded, or
2. Requesting corrections of the unacceptable conditions, in which
case the buyer shall itemize the unacceptable conditions and be
accompanied by the written documentation of qualified
professionals.
E. RESOLUTION OF UNACCEPTABLE CONDITIONS. At any time after
BUYER’S delivery of notice requesting repair of unacceptable
conditions as provided in the preceding paragraph, BUYER or SELLER
may make a demand on the other party to sign a written agreement for
resolution of the unacceptable conditions, the repair cost of which
exceeds the amount which BUYER and SELLER agreed to pay above,
within five (5) days (the “Demand Period”) of receipt of such demand. If
BUYER and SELLER cannot reach a written agreement for correction
of the unacceptable conditions, the repair cost of which exceeds the
total amount which BUYER and SELLER agreed to in subparagraph C
above, within the Demand Period, this Contract shall terminate, and the
earnest money shall refund to the BUYER. A written commitment
signed by the SELLER agreeing to correct the unacceptable conditions
as requested by the BUYER at the SELLER’S expense prior to closing,
or a written commitment, signed by the BUYER agreeing to accept the
PROPERTY without correction of the unacceptable conditions shall
constitute an agreement for the purposes of this paragraph.
F. FAILURE TO INSPECT. Suppose BUYER fails to conduct an
inspection or fails to deliver a written notice to the SELLER prior to the
expiration of the Inspection Period, either canceling this Contract or
requesting correction of unacceptable conditions. In that case, BUYER
shall have waived any right to cancel or right to repairs due to
unacceptable conditions which an inspection might have reasonably
discovered.
G. EXCLUSION FROM INSPECTION. The following items as expressly
excluded from the preceding inspection provisions and shall not be
considered unacceptable conditions and may not be used by the
BUYER as a basis for canceling a contract or requesting repairs
______________
9. UTILITIES/MAINTENANCE/CASUALTY LOSS: SELLER AGREES TO
LEAVE ALL UTILITIES ON UNTIL THE DATE OF POSSESSION UNLESS
OTHERWISE AGREED. SELLER agrees to perform ordinary and necessary
maintenance, upkeep, and repair to the Property and keep the improvements
on the property fully insured until the delivery of the SELLER’S deed to
BUYER. If, before delivery of the deed to BUYER, improvements on the
Property are damaged or destroyed by fire or other causes, including those
that could be covered by what is known as fire and extended coverage
insurance, the parties agree that the risk of that damage or destruction shall
be borne as follows: if the damage is minor SELLER may repair or replace the
Property, if the work can be completed before the Closing Date. If SELLER
elects not to repair or replace the Property, or if the damage is substantial,
SELLER shall notify BUYER in writing, and BUYER may enforce or cancel
this Contract by written notice to SELLER within ten days after receiving
notice of the damage or destruction of the Property. If BUYER elects to
enforce this Contract, the Purchase price shall not be reduced. The Property
shall be conveyed in its existing condition at the time, provided the SELLER
shall credit BUYER the insurance deductible and assign SELLER’S fire and
extended coverage proceeds to BUYER at closing. If BUYER elects to cancel
this Contract, any earnest money shall be returned to the BUYER.
10. [ ] BUYER’S WARRANTY PLAN. (check if applicable) [] SELLER or [
]BUYER, at a cost not to exceed $ ______________, agrees to purchase a
homebuyer’s warranty plan from ____________ to be paid at closing. This
plan is a limited-service contract covering repair or replacement of the working
components of the Property for 1 year from the Closing Date subject to a per
claim deductible. $ _______________
11. EVIDENCE OF TITLE. Within a reasonable time after the Effective Date, but
no later than 14 days prior to the Closing Date. SELLER agrees to deliver to
BUYER a title insurance commitment from a company authorized to insurance
title in the state where the property is located. Unless there is a defect in title
to the Property that is not corrected prior to the Closing Date, BUYER may not
object to untimely delivery of the title commitment. The title commitment shall
ensure a marketable fee simple title in the BUYER upon recording the deed or
other document of conveyance. However, title to the Property shall be subject
to the conditions in this Contract and customary covenants, declaration,
restrictions, zoning laws, easement, the party was agreement, special
assessments, and community contracts of record as of the effective date the
title commitment. (“Permitted Exceptions”):
BUYER shall have ten days after receipt of the title commitment to notify
SELLER in writing of any valid objections to the title to the Property SELLER
shall then make a reasonable faith effort to remedy the defects in the title.
Suppose SELLER does not so remedy the title defects before the Closing
Date and BUYER does not elect to waive the objections or extend the Closing
Date a reasonable time, not to exceed 60 days. In that case, this Contract
shall be canceled, and the Earnest Money shall be returned to BUYER.
SELLER agrees to provide and pay for an owner’s title insurance policy in the
amount of the purchase price, insuring marketable fee simple title in BUYER,
subject to the permitted Exceptions and except any liens, encumbrances, or
other matters affecting title to the Property created by BUYER or arising by
BUYER’S activities or ownership. The policy shall also insure BUYER as of
the date or recording of the deed or other document of conveyance, against
any lien, or right to a lien, for services, labor, or material imposed by law and
not shown by the public records. SELLER agrees to comply with the
requirements of the Title Company for issuance. UNLESS OTHERWISE
PROVIDED IN THIS CONTRACT, THE OWNER’S TITLE POLICY WILL
INCLUDE MECHANIC’S LIEN COVERAGE.
12. SURVEY: Buyer may, at BUYER’S expense, obtain a survey of the Property
before the Closing Date to assure that there are no defects, encroachments,
overlaps, boundary lines, acreage disputes, or other such matter that a survey
would disclose. Not later than ten days prior to the Closing Date, the BUYER
shall notify the SELLER of any encroachments of any improvements upon,
from, or onto the PROPERTY or any building setback line, property line, or
easement, which encroachment shall be deemed to be a title defect. SELLER
shall remedy such defects as are susceptible of being remedied before the
Closing Date. Suppose SELLER does not so remedy the title defects. In that
case, BUYER shall have the option of (A) completing this purchase and
accepting the title SELLER can convey without remediation in the Purchase
Price, or (B) canceling this Contract, in which case the Earnest Money shall
be returned to BUYER. BUYER acknowledges that the mortgage inspection
report generally required by a lending institution is NOT what is commonly
referred to as a state survey.
13. DELIVERY OF DEED: on or before the Closing Date, SELLER shall execute
and deliver a warranty deed and all other documents and funds reasonably
necessary to complete the closing. The warranty deed shall convey to BUYER
a marketable fee simple title to the PROPERTY free and clear of all liens and
encumbrances except as provided in this Contract. ON OR BEFORE THE
CLOSING DATE, THE SELLER AND BUYER AGREE TO DELIVER TO THE
CLOSING AGENT A CASHIER’S CHECK OR OTHER CERTIFIED FUNDS
SUFFICIENT TO SATISFY THEIR RESPECTIVE OBLIGATIONS UNDER
THIS CONTRACT. SELLER ACKNOWLEDGES THAT DISBURSEMENT OF
PROCEEDS MAY NOT BE MADE UNTIL AFTER THE WARRANTY DEED
OR INSTRUMENTS OF CONVEYANCE, IF APPLICABLE, MORTGAGE OR
DEED OF TRUST HAS BEEN RECORDED.
14. DEFAULTS AND REMEDIES: SELLER or BUYER shall be in default UNDER
THIS Contract if either fails to comply with any material covenant, agreement,
or obligation within the time limits required. Following default by either
SELLER or BUYER, the parties may pursue any remedies or damages
available to them at law or in equity. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
15. PROBATIONS: The parties agree that all the following which becomes due
and accrue during the calendar year in which SELLER’S warranty deed is
delivered shall be prorated between the parties as of the Closing Date and, for
all years after that, all of the following, to the extent permitted by applicable
law, shall be assumed and paid by the BUYER: Interest on existing loans to
be assumed by BUYER, all public/state/county/school and municipal real
estate taxes, homes association dues and fees, special assessments and any
other contractual obligations of SELLER to be assumed by BUYER. If the
amount of any lien to be prorated for the current year cannot be ascertained
from the public record, the amount of the item for the preceding year will be
used for the current year’s amount. However, suppose the preceding year’s
taxes were based on less improved property. In that case, taxes will be
computed, and if the PROPERTY has been reappraised or reclassified within
the preceding year and the actual taxes based on the new value are not
available, they agree to a reasonable estimation of the current year’s taxes
based on the information available on the Closing Date.
16. PARTIES: This is a Contract between SELLER and BUYER. If SELLER or
BUYER constitutes two or more persons, the terms “SELLER” or “BUYER”
shall be read “SELLERS” or “BUYERS” whenever the sense of the Contract
requires. UNLESS IDENTIFIED AS SELLER OR BUYER, ANY ESCROW OR
CLOSING AGENT ARE ACTING AS AGENTS ONLY AND NOT PARTIES
TO THIS CONTRACT.
17. ENTIRE AGREEMENT AND MANNER OF MODIFICATIONS. This contract
and all attachments hereto, including, if applicable, financing addendum,
counter-offer addendum. Legal description/franchise disclosure addendum,
statement of condition addendum, and amendments constitute the parties’
complete agreement concerning this PROPERTY, supersede all previous
agreements, and may be modified only by a written agreement signed by all
parties.
18. NOTICES: Any notice or other communication required or permitted
hereunder may be delivered in person or sent by telex, telecopier, or by
registered or certified mail, postage