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NEW CONSTRUCTION CONTRACT
SELLING REALTOR _________________________________________ PHONE#__________________
SELLING COMPANY_________________________________________ PHONE#__________________
OFFICE________________ FAX_____________ CELL____________ EMAIL_____________________
CONFIRMATION OF AGENCY STATUS
Real Estate licensees are required to disclose which party they represent in a real estate transaction. The
purpose of this Agency Disclosure Statement is to acknowledge that this disclosure occurred, and copies of
this disclosure must be provided to all signatures thereof. Notice is hereby given that the agency status of this
license (or licensee’s company) is as follows in this transaction.
The Selling Company, ___________________________in the real estate transaction involving:
LOT_____________ of _______________________________________________ SUBDIVISION
Is serving as an Agent for Buyer.
Is serving as a Facilitator/Transaction Broker (not an Agent for either party).
This Confirmation of Agency Status is provided to inform all parties of agency relationships in this
transaction and may be made available to any and all parties for their information. The agency status
indicated above, moreover, was communicated – prior to the preparation or presentation of any offer to
purchase – to all parties involved in this transaction. This notice by itself, however, does not constitute an
Agency agreement.
Date______________________________ Licensee’s Signature________________________________________________________________
ACKNOWLEDGEMENTS - I acknowledge the above confirmation of Agency status.
Date______________________________ Seller’s Signature__________________________________________________________________
Date______________________________ Buyer’s Signature__________________________________________________________________
Date______________________________ Buyer’s Signature__________________________________________________________________
FAXED SIGNATURES WILL SUFFICE FOR ACKNOWLEDGEMENT (S) OF THE ABOVE CONFIRMATION.
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Form Updated 1/14/2009
THIS CONTRACT of sale made this ______ day of_____________________ 2009 by and between
Swanson Construction Co., LLC hereafter called the SELLER,
And _____________________________________________________________________________ hereafter called the BUYER;
WITNESSETH: That the BUYER deposits immediately, unless otherwise noted in this contract, with the listing broker, as agent
for SELLER the sum of $_______________ DOLLARS as earnest money to constitute part payment of the purchase price. The
SELLER in consideration of the earnest money deposited, has this day sold, and does hereby agree to convey by a good and valid
warranty deed to said BUYER, or to such persons he may, in writing direct the following described real estate
Lot #_______Subdivision ____________________________ Plan Name: ___________________________
Legal address known as: ______________________________________Murfreesboro, TN _____________
PURCHASE PRICE: the BUYER agrees to purchase said real estate and pay therefore the sum of
($__________________)________________________________________________________U.S. Dollars.
CONTINGENCY: Contract is contingent on sell of another property (__) YES (__) NO - On Market @ present time
(__) YES (__) NO
Removal of Contingency Amendment Tar form F5 to be made a part of the contract at appropriate time. Builder reserves
the right NOT to start construction until all contingencies are removed and selections have been made.
Property has acceptable contract and closing date: (__)YES (__)NO Close Date:__________ Provide copies with TAR Form F5
Contingent property Address:______________________________________________________________________________.
BUYER (S) will finance mortgage balance through application with (___) VA (___) FHA (___) FMHA (___) CONV.
(___) THDA (___) OTHER________________________________________________________________________________
LOAN APPLICATION: BUYER agrees to make loan application on or before:___________
Mortgage Company.________________________________________________
Loan Originator:___________________ Ph:___________ Fax:__________ E-mail:___________________.
It is agreed between all parties that they will pay for credit report and appraisal and secure a Lender’s Letter of
Commitment and attached Good Faith Estimate within two (2) weeks of the effective date of this contract or the contract
will be renegotiated. Construction May not start until Letter and Good Faith are received by listing agent. It is the
responsibility of the BUYER’S Agent to secure a letter and to make it a part of this contract. If BUYER switches lenders it
is the responsibility of BUYER’S Agent to immediately communicate and issue new letter to SELLER Agent. Builder’s
Agent has the right to contact BUYER’S Lender directly.
This contract is contingent upon BUYER’S ability to qualify for a new loan with the following terms and conditions:__________
________________________________________________________________________________________________________
If after diligent effort, BUYER is rejected for said financing; the earnest money is to be returned to the BUYER upon execution of
an earnest money release form.
CLOSING: This Contract will be closed on or before _______________________(baring rain, snow, and inclimate
weather) or upon completion. Many factors determine the actual closing date, including but not limited to Weather, Material
Availability, Governmental Changes/Requirements, etc. The Buyer and Buyers Agent are aware there is no guaranteed
Date of Completion, and the Seller has no liability for the home not being completed at or prior to above date. Possession
will be given with deed. If possession is other than the date of deed, SELLER and BUYER may agree as to such matters by
separate contract. Conveyances subject to existing restrictions and or zoning ordinances and easements as of record.
**In the interest of efficiency and an effort to conduct a seamless transaction, Pursuant to Addendum J, Seller
will close at StoneCrest Title and Escrow located at 2140 N Thompson Lane Suite 201. Murfreesboro, TN.
37129. Phone: 890-0299 Fax: 890-0296. Buyer chooses to close at __________________________________ or
Buyer agrees _______ _______ to close at StoneCrest Title and Escrow pursuant to Addendum J, and any
change must be agreed to by all parties in writing. BUYERS Agent shall verify closing date with Builders Agents
prior to any rate locks.
SELLER WILL NOT PAY non-allowable HUD VA/FHA/THDA charges including but not limited to Underwriting Fee, Doc.
Prep Fee, Courier Fee, Tax Service Fee, Inspection Fee, Transfer Fee, Wire Fee, Funding Fee, Discount Fee, Etc. Any cost paid
for buyer by Seller shall NOT include Non-Allowable Fees.
PRORATIONS: Real estate taxes, rents, dues, maintenance fees, association fees on said Property for the calendar year in
which the sale is closed shall be prorated as of the date of closing. In the event of a change or reassessment of taxes for the
calendar year after Closing the parties agree to pay their recalculated share. Taxes for prior years and roll back taxes, if any, will
be paid by Seller. SELLER’S hazard insurance to be cancelled, SELLER to bear risk or hazard loss through date of deed.
LIMITATION: The home shall be constructed in accordance with good building practices and substantial accordance
with plans and specifications selected and approved by the Buyer. Seller expressly reserves the right to make such changes
or substitutions in the construction of the home (a) as may be required, authorized, or approved by governmental agencies
having jurisdiction therefore, or (b) as Seller may deem appropriate so long as materials of equal or better quality are
used, or (c) as may be otherwise reasonably required as long as changes which affect the aesthetics or livability of the home
shall be subject to the Buyer’s approval.
Initials______ Initials ______
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Form Updated 1/14/2009
CONTRACTORS AND/OR SUPPLIERS: All work and materials to be performed or supplied under this
Agreement shall be performed and supplied by Seller’s own contractors, subcontractors, employees, agents, material men
and suppliers. Buyer shall not have the right to have any work performed or supplies delivered to the Property at Buyer’s
own direction prior to closing.
DEFAULT: Should BUYER default hereunder, the Earnest Money may be forfeited at SELLER’s option as partial liquidated
damages, and SELLER may sue for additional damages or specific performance of this contract, or both. Should SELLER default,
the Earnest Money shall be refunded and BUYER may sue for damages or specific performance of this contract, or both. The
parties agree that Real Estate Brokers who would be entitled to a commission as a result of this contract shall have the right to sue
to enforce such commission. On forfeiture of Earnest Money by BUYER, a Real Estate Broker entitled to a commission as a result
of this contract may apply such Earnest Money to the specified commission and remit the remainder, if any, to SELLER. In the
event that any SELLER, BUYER, or Real Estate Broker entitled to sue hereunder, shall file suit to enforce this agreement
(including suits filed after closing which are based on or related to the contract), the prevailing party shall be entitled to recover all
costs of such enforcement, including reasonable attorney’s fees and expenses as determined by the court. Warranty issues will be
arbitrated/mediated.
SELECTIONS: Within (2) two weeks of the effective date of this Contract BUYER and BUYER AGENT
agrees to make all selections and pay for any additional upgrades
(When purchasing a Spec House BUYER’S Agent will need to verify if changes can be made with Vendors.)
BUYER Agent must return selection sheet, vendor list and a copy of all vendor selection sheets and any upgrades to include price
with notification of payment to SELLER’S Agent within (2) two weeks of contract date. Any changes/upgrades not paid outside
of Contract and put into Purchase price will carry 15% charge. SELLER/Builder has the option to not start construction until all
documents are received, any delay may change the close date. All selection changes after this date will carry a process fee of
$50.00 plus the cost of the change. All structural changes after construction starts will carry a $150.00 charge per change plus the
cost of the change, to be paid at time of change, not to be made a part of contract price. Initial _______ Initial _______.
CHANGE ORDERS: Buyer agrees that any request for changes or alterations (“change orders”) to the residence will be set
forth in writing and delivered to Seller Agents. Any requested change order must be in writing and signed by Buyer and Seller.
No subcontractor, workman or material man has authority to agree on behalf of Seller to any change order. Buyer agrees that all
change orders requests must be presented to Seller so as to allow Seller adequate lead time to schedule the change orders into the
normal building sequence. Seller has the right to refuse to make changes/alterations that are requested. Buyer agrees to pay Seller
in advance of the performance of work necessitated by agreed change orders and further understands that there. will be no refunds,
under any circumstances of payments made by Buyer for change orders. Buyer further acknowledges that any work done on the
home pursuant to change orders or additions may not increase the appraised value of the Property. Seller shall not be responsible
if increases in the price of the Property due to change orders or additions are not reflected in the appraised value of (and resulting
available loan for) the Property.
ASSOCIATION FEES: (Select A, B, or C below. The selection not marked is not a part of this Agreement.)
A. Mandatory. Seller represents that there is a required association fee in the approximate amount of
$240.00 per year, prorated at closing, with an initiation fee of $150.00.
B. Not Mandatory. Seller represents that there is not a required association fee.
C. No Association. Seller represents that there is no association.
RESTRICTIONS: BUYER acknowledges they have reviewed a copy of Subdivision and Association Restrictions.
They can be found at www.swansonrealtyandconstruction.com
DISCLOSURE OF OWNERSHIP: BUYER acknowledges that Joseph M. Swanson, Jr. is Contractor and Owner
of Swanson Construction Co., LLC, in addition to Principal Broker of Swanson Realty, LLC.
Int____ Int____
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Form Updated 1/14/2009
SELLER Provides A One Year Limited Warranty
Warranty information to be delivered to buyer as a part of this contract. Buyer shall review and submit with
contract, page 11, “Warranty Acknowledgement” and “Acceptance Agreement”, with submittal of contract
offer.
BUYER: __________________________________ BUYER: __________________________________
BUYER’S Agent : ______________________________________________
It is agreed between all parties that a homebuyer orientation will be done at least 5 days prior to closing
whose end result shall be for the making and creation of a “punch list” this shall be done with a
representative of Swanson Warranty (Give BUYER Phone numbers where you can be reached by Swanson
Representatives: Print Name _____________________________Phone# _______-_______-_______
Print Name _____________________________Phone # _______-_______-_______
VISITS TO THE PROPERTY: Buyer agrees to limit inspections of the Property to a reasonable length of time
during business hours. Buyer further agrees not to issue instructions or otherwise interfere with workers or in any way
hinder their work, unless it has been requested that Buyer be there to assist in some phase of the construction (i.e., to
check colors, equipment, cabinets, etc.) Buyer agrees to deal only with their Agent in regards to site visits.
INSPECTIONS: Buyer and / or Buyer’s representatives shall have the right to enter the Property at Buyer’s
expense and at reasonable times (including immediately prior to closing) to thoroughly inspect, examine, test, and
survey the Property. Seller shall cause all utility services and any pool, spa, and similar items to be operational so that
Buyer may complete all inspections and tests under this Agreement. Buyer agrees to assume all liability for the acts of
themselves, their inspectors and/or representatives in exercising their rights under this paragraph and agree to hold
Sellers and Seller’s representatives harmless.
ORIENTATION: Seller and Buyer shall jointly conduct a final walk-through inspection and shall jointly create and
sign a punch list of items which are agreed to be incomplete and which will be completed by Seller. (refer to warranty)
COMPLETION: Seller will provide Buyer copies of final Use and Occupancy Letter from the appropriate Codes
Authority if applicable. The construction shall be deemed to be completed at such time as such inspections and
approvals have been supplied and Buyer has inspected and confirmed that the contract is substantially completed. The
construction shall be completed in accordance with all applicable governmental regulations, ordinances and codes, and
shall be in compliance with all applicable restrictions, covenants and conditions, including, without limitation, any
public or private architectural controls and restrictions.
SOIL TREATMENT BOND: At closing, Seller shall provide Buyer a current Soil Treatment Letter. If any
additional inspections and/or reports are requested by Buyer or Lender, any costs for such inspections and/or reports
shall be paid by Buyer.
LABOR AND MATERIALS WARRANTY: Seller warrants the Property against defective workmanship or
materials (normal wear and tear excepted) for a period of one (1) year from closing date for the original buyer.
This is a transfer involving the first sale of a dwelling and the builder has offered a written warranty.
A ten year warranty against major structural defects may be provided with your home, please see warranty package.
OTHER PROVISIONS:
A. Binding Effect, Entire Agreement, Modification, Assignment, and Binding Agreement Date.
This Agreement shall be for the benefit of, and be binding upon, the parties hereto, their heirs, successors,
legal representatives and permitted assigns. This Agreement constitutes the sole and entire agreement between
the parties hereto and no modification of this Agreement shall be binding unless signed by all parties or
assigns to this Agreement. No representation, promise, or inducement not included in this Agreement shall be
binding upon any party hereto. Any assignee shall fulfill all the terms and conditions of this Agreement. The
parties hereby authorize either licensee to insert the time and date of the notice of acceptance of the final offer
and further agree to be bound by such as the binding agreement date following the signatory section of this
Agreement.
Int___Int___
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B. Survival Clause. Any provision herein contained, which by its nature and effect, is required to be
performed after closing shall survive the closing and delivery of the deed and shall remain binding upon the
parties to this Agreement.
C. Governing Law and Venue. This Agreement is intended as a contract for the purchase and sale of real
property and shall be interpreted in accordance with the laws and in the courts of the state of Tennessee.
D. Time of Essence. Time is of the essence of this Agreement.
E. Notices Agents. Except as otherwise provided herein, all notices and demands required or permitted
hereunder shall be in writing and delivered either (1) in person, (2) by a prepaid overnight delivery service, (3)
by facsimile transmission (FAX), (4) by the United States Postal Service, postage prepaid, registered or
certified return receipt requested or (5) Email. Notice shall be deemed to have been given as of the date and
time it is actually received. Receipt of notice by the Broker representing a party as a client pursuant to a
written agency agreement shall be deemed to be notice to that party for all purposes herein.
F. Equal Housing. This Property is being sold without regard to race, color, sex, religion, handicap, familial
status, or national origin.
TIME LIMIT OF OFFER: This Offer may be withdrawn at any time before acceptance with notice; Offer
terminates if not countered or accepted by _____o’clock am: pm; on the _____ date of ___________, _______.
METHOD OF EXECUTION: The parties agree that signatures and initials transmitted by facsimile, other
photocopy transmittal, or by transmittal of digital signature as defined by the applicable State or Federal Law will be
acceptable and may be treated as originals and that the final Purchase And Sale Agreement containing all signatures
and initials may be executed partially by original signature and partially on facsimile, other photocopy documents, or
by digital signature as defined by the applicable State or Federal Law.
NOTE: Any provisions of this Agreement which are preceded by a blank or line must be marked to be a part of this
Agreement. By affixing your signature below you acknowledge you have received and reviewed each page of this
Agreement, its addendums and all warranties as a part of this contract.
Miscellaneous Conditions: ________________________________________________________________
_______________________________________________________________________________________
Required Addendums List: (with initials) (Realtors to list and identify by letter any additional addendums)
A ___UPGRADE SPREADSHEET B ___COOPERATIVE AGREEMENT C ___PRICE LIST
D ___STANDARD FEATURES E ___SELECTION SHEET F ___FLOOR PLAN (PHONE & CABLE)
G ___TN RES. PROP. DISC. EXEMPT H ___IMPACT FORM I ___HOME INSPECTION (FHA)
J ___ STONECREST DISCLOSURE M ___ LIMITED ONE YR WARRANTY Pg.11
N ___2/10 WARRANTY O ___ Financing P ___Utility Transfer
Q ________________________ R __________________________
It is expressly understood and agreed that this instrument contains the entire agreement between the parties and that,
except as herein noted there is no oral or collateral conditions, agreements, or representation, all such having been
incorporated and resolved into this agreement. Time is of the essence of this contract and all of the conditions thereof.
OFFER TO PURCHASE: I certify that I have fully read, understood and accept all of the provisions of this contract.
BUYER_______________________________________________ BUYER________________________________________
DATE EXECUTED_________________________@_________ AM/PM DATE EXECUTED ________________________@____________AM/PM
I hereby acknowledge that I received a copy of this accepted contract.
SELLING AGENT ________________________________________ DATE __________________________
SELLER _______________________________________ DATE EXECUTED______________________@______________AM/PM
LISTING AGENT_________________________________________________DATE______________________
Effective date of this contract including all addendums and warranties will be when all negotiations are completed and
improved by Swanson Construction, at which time the date will be set. ___-___-___ By: Joe M. Swanson jr.
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SUBMIT