AGREEMENT TO SELL REAL ESTATE
________________________________________________________________________________, as Seller, and _______________________________________________________________ or assigns as Buyer, hereby agree that the Seller shall sell and the Buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS FOR REAL ESTATE TRANSACTIONS set forth within this agreement. 1. LEGAL DESCRIPTION of real estate commonly known as____________________________________ _________________________________County, State of _______________________________________ To Wit: 2. PURCHASE PRICE ______________________________Dollars. (a) Deposit to be held in trust by_______________________________ $_________________ (b) Approximate principal balance of first mortgage to which conveyance shall be made subject to, if any, Mortgage holder:____________________ $_________________ (c) Other: ________________________________________________ $_________________ (d) Other: ________________________________________________ $_________________ (e) Cash, certified or cashiers check on closing and delivery of deed (or such greater or lesser amount as may be necessary to complete payment of purchase price after credits, adjustments and prorations). $_________________
3. PRORATIONS: Taxes, insurance, interest, rents and other expenses and revenue of said property shall be prorated as of date of closing. 4. ACCESS: Buyer shall be entitled a key and be entitled to access property to show partners, lenders, inspectors/contractors and other interested parties prior to closing. Buyer may place a sign on the property prior to closing to help Buyer find end user for property. 5. EXECUTION IN COUNTERPARTS: This agreement may be executed in counterparts and by facsimile signatures. This agreement becomes effective as of the date of the last signature. 6. DEFAULT BY BUYER: If the buyer fails to perform any of the covenants of this contract, all money paid to Seller by Buyer as aforesaid shall be retained by or for the account of the Seller as consideration for the execution of this contract and as agreed liquidated damages and in full settlement of any and all claims for damages. 7. DEFUALT BY SELLER: If the Seller fails to perform any of the covenants of this contract, the aforesaid money paid by the Buyer, at the option of the Buyer, shall be returned to the Buyer on demand; or the Buyer shall have the right of specific performance. 8. CONVEYANCE: Seller to deliver to Buyer Fee Simple title by a __________________ Deed free from any liens, restrictions, encumbrances, or easements not specifically referenced in this agreement. Seller expressly agrees and understands that buyer is taking title subject to the existing financing described above, and is not expressly assuming responsibility for the underlying loans. If the actual loan balance of above loan(s) is less than stated herein, the purchase price shall be reduced to reflect this difference; if the actual loan balance(s) is more than stated herein, then Buyer’s required cash payment shall be reduced accordingly. Seller agrees to waive tax and insurance escrows held by said lender(s) or its (their) assigns.
9. INSPECTIONS: Buyer or his agent may inspect all appliances, air conditioning and heating systems, electrical systems, plumbing, machinery, sprinklers and pool system included in the sale. Seller shall pay for repairs necessary to place such items in working order at the time of closing. Within 48 hours before closing, Buyer shall be entitled, upon reasonable notice to Seller, to inspect the premises to determine that said items are in working order. Unless specifically excluded in this agreement, all other items of personal property located in or on the property shall be included in the sale shall be transferred by Bill of Sale with warranty of title. Seller expressly warrants that property, improvements, buildings or structures, the appliances, roof, plumbing, heating and/or ventilation/air conditioning systems are in good and working order. This clause shall survive closing of title. This contract is contingent upon buyer’s inspection and approval of property under contract for marketability, repairs, and market conditions before closing. 10. LEASES: If this is an income property, Seller shall provide Buyer with an accounting and assignment of security deposits at closing. Seller agrees to defend and indemnify Buyer for any and all claims, judgments and lawsuits related to the wrongful withholding of security deposits that arose out of events or circumstances arising before closing of title. This clause shall survive closing of title. 11. NO JUDGMENTS: Seller warrants that there are no judgments threatening the equity of this property, and that there is no bankruptcy pending or contemplated by any title holder. Seller will not further encumber the property and an affidavit may be recorded at Buyer’s expense putting the public on notice that the closing of this contract will extinguish liens and encumbrances hereafter recorded. 12. CLOSING: Closing shall be held on or about _________________, 20____, unless extended no more than 60 days by either party in writing, at a time and place designated by Buyer. Buyer shall choose the escrow, title, and/or closing agent. 13. TIME IS OF THE ESSENCE: Time is of the essence of this agreement. Parties will diligently pursue the completion of this transaction. 14. DOCUMENTS FOR CLOSING: Buyer shall pay for preparation of deed, note, mortgage, any corrective instruments required for perfecting the title, and closing statement and submit copies of same to Seller at closing. 15. EXPENSES: State documentary stamps required on the instrument of conveyance, the cost of recording any corrective instruments to title, and title insurance shall be paid by the Seller. Documentary stamps to be affixed to the note secured by the purchase money mortgage, intangible tax on the mortgage, and the cost of recording the deed and purchasing money mortgage shall be paid by the Buyer. All other closing costs shall be paid by the Seller. 16. RISK OF LOSS: If this property is damaged prior to transfer of title, Buyer has the option of choosing to either accept any insurance proceeds with the title to the property in “as in” condition, or canceling this agreement and accepting the return of all deposits. 17. MAINTENANCE: Between the date of contract and the date of closing, the property, including the lawn, shrubbery and pool, if any, shall be maintained by the Seller in the condition as it existed as of the date of the contract, ordinary wear and tear to be expected. 18. DEFECTS: Seller warrants subject property to be free from hazardous substances and from violation of any zoning, environmental, building, health, or other governmental codes or ordinances. Seller further warrants that there are no material or other known defects or facts regarding this property which would adversely affect the value of the property. This clause shall survive closing of title. 19. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed provisions in conflict therewith. 20.. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract, shall be binding upon any of the parties.
21. SPECIAL CLAUSES: A. ___________________________ is a real estate investment firm (or insert “investor” if sole proprietor) and may make a profit from the purchase of said property in the future. B. (Insert any other disclosures here such as buyer to pay all closing costs, buying “as is”) _____________________________________________________________________________________ _____________________________________________________________________________________
_______________________________________________ Seller Date Print name______________________________________
_______________________________________ Buyer Date Print name ______________________________
_______________________________________________ Seller Date Print name ______________________________________
______________________________________________ Witness Date
______________________________________________ Witness Date