Buyers Sellers Agreement - DOC by ncj94858


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									                         OCCUPANCY AGREEMENT

The     following     is     an     Addendum         to    the     Purchase       Agreement       between
______________________________ "Sellers" and ___________________________ "Buyers"
dated          _____________________              for      the      property       commonly         known

1.      This agreement shall be supplemental to and part of the above referenced purchase agreement,
        which shall remain in full force and effect. This is intended only to give Buyers the right of
        possession pending closing and is not intended to establish a Landlord and Tenant relationship.

2.      Sellers agree to grant occupancy to Buyers on ___________________ and to render possession of
        the premises and keys thereto on that date. Buyers agree to accept occupancy on that date and
        further agree to remove all inspection contingencies of their agreement of sale when occupancy

3.      Buyer's earnest money deposit shall be non-refundable, however will be held in escrow, and
        applied towards the purchase price at successful close of escrow. However, should the closing not
        take place because of Seller's default Buyers shall be entitled to refund of said sum.

4.      Buyers agree to pay Sellers on or before the date of occupancy the sum of $____________, which
        represents $________ per day in lieu of rent and utilities, computed for 30 days in advance.
        Thereafter, $_____________ shall be due and payable at the beginning of each month until
        settlement of said sale agreement is completed. When settlement is effected, the rent shall be pro-
        rated on a daily basis and any unused portion thereof shall be credited towards the Buyer's
        settlement expenses or refunded to Buyers.

5.      Buyers hereby agree to hold Sellers harmless from any damages for bodily injury or personal
        property damage to the Buyers or any other persons given access to the premises by the Buyers.

6.      Buyers hereby agree to obtain "renters" insurance and provide proof of the same.

7.      Utilities will remain in Seller's name until close of escrow on ______________________.

8.      Buyers shall accept the property in its condition at the time of occupancy and shall be responsible
        for the maintenance of all appliances and equipment on the premises pending settlement, except
        for the defects noted on Walk-Through Inspection form dated:___________________.

9.      Buyers agree to conduct their occupancy of the premises in such manner as to maintain the
        property, including all equipment and landscaping, in the same original good order as when they
        took occupancy, normal wear and tear excepted. Buyers further warrant that they will commit no
        act of damage or deterioration knowingly or unknowingly, which may tend to detract from or
        devaluate the salability and/or market value of the property. Buyers agree that in taking occupancy
        prior to settlement, they will not do any redecorating and/or renovating without the express written
        consent of the Sellers.
10.     Both parties shall exercise due diligence in closing this escrow on or before _________________.

11.     If, in the event the sales agreement cannot be settled in accordance with its terms for any reason,
        the Buyers agree to vacate the premises voluntarily and in a peaceable manner within ten days
        from receipt of written notice to do so from Sellers, thereby waiving any other defenses to said
        vacating or eviction. Buyers and Sellers however may agree to amend terms at their option and
        mutual satisfaction.

It is herein and hereby declared that all the parties hereto as evidenced by their signatures below,
have carefully read all of the terms of this agreement and that they fully understand these terms
and the conditions of this agreement, and they have entered into this agreement in a spirit of
mutual good will and cooperation, of their own free will and accord, and that no force, duress or
coercion was used on the part of any of the parties hereto.

Furthermore, both Buyers and Sellers hereby expressly agree to release and save harmless
______________________________ and ________________________ of RE/MAX Benchmark
Realty and ____________________________________from any liability for damages by reason
of this agreement.

__________________________________                   _______________________________
Buyer                                                Date

__________________________________                   _______________________________
Buyer                                                Date

__________________________________                   _______________________________
Witness to Buyers                                    Date

__________________________________                   _______________________________
Seller                                               Date

__________________________________                   _______________________________
Seller                                               Date

__________________________________                   _______________________________
Witness to Sellers                                   Date

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