Mobile Home Sales Contract

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Mobile Home Sales Contract Powered By Docstoc
					This document creates a sales agreement between a buyer and seller for a mobile
home. The agreement provides for a description of the mobile home unit, including
fixtures, and further contains clauses for the purchase price, earnest money deposit,
seller representations and warranties, and a mediation provision. This template sales
agreement is intended to supply standard provisions but can be customized to fit the
needs of the contracting parties, including the addition of other conditions that the buyer
and seller agree upon.
                              MOBILE HOME SALES CONTRACT

This Mobile Home Sales Contract (the “Agreement”) is made and entered into this
__________ day of __________, _____, by and between __________________________,
residing at ________________________________________ (hereinafter “Seller”), and
__________________________________________________________ residing at
_______________________________________________________________
(hereinafter “Buyer ”)


1. MOBILE HOME UNIT

Subject to the terms and conditions contained in this Agreement, Seller agrees to sell and Buyer
agrees    to    purchase    the     following   described   Mobile      Home       situated   at:
_____________________________________ [PRESENT LOCATION OF MOBILE HOME_
and more particularly described as:

Make _____________________

Model __________________

Year ___________

Size ______________

Serial Number ____________________________

Approximate Length ________________________

Approximate Width _________________________

License No. _________________________

together with improvements and fixtures (as described below)


2. FIXTURES

(a) The sale of Mobile Home includes all of Seller’s right, title and interest, if any, in and to the
following:

all heating, plumbing, lighting fixtures and bulbs, skirting, linoleum, window shades, venetian
blinds, curtain rods, traverse rods, storm windows and storm doors, screens, awnings, exterior,
T.V. antennas and rotor motor and controls, water softeners, bathroom fixtures, window boxes,

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chandeliers, fireplace screens and equipment, wall to wall carpeting and runners, garbage
disposals, all cabinets, mirrors, dishwashers, ovens, shelving, exhaust fans and hoods, trash
compactors, air conditioning units, humidifiers, and dehumidifiers. Seller will maintain all
heating, plumbing, and lighting fixtures, and all appliances and other electrical devices in the
same condition as they exist as of the date of this Agreement, reasonable wear and tear excepted.

(b) Excluded from this sale are:

         (i) Furniture and furnishings (other than as specifically provided in this Agreement);

         (ii) ____________________________________________ [IF ANY].


3. Purchase Price

(a) The total purchase price for the Mobile Home is __________ [AMOUNT IN WORDS]
dollars ($_________ [AMOUNT IN NUMERALS]) (hereinafter the “Purchase Price”). The
Purchase Price is payable as follows:

         (i) __________ [AMOUNT IN WORDS] dollars ($_________ [AMOUNT IN
         NUMERALS]) (“Earnest Money Deposit”) on the execution of this Agreement, by
         check; and

         (ii) __________ [AMOUNT IN WORDS] dollars ($_________ [AMOUNT IN
         NUMERALS]) constituting the balance of the Purchase Price, to be paid on the Closing,
         by cash or certified check of Buyer or official bank check.

(b) Payment of all monies and checks are to be made in United States currency .


4. EARNEST MONEY DEPOSIT

Buyer hereby agrees to tender an Earnest Money Deposit in the amount of __________
[AMOUNT IN WORDS] dollars ($_________ [AMOUNT IN NUMERALS]) (hereinafter the
“Earnest Money Deposit”). The Earnest Money Deposit shall be deposited with __________
[NAME OF ESCROW AGENT] upon execution of this Agreement by Seller and Buyer. If the
purchase and sale hereunder is consummated in accordance with the terms and provisions hereof,
the Earnest Money Deposit shall be applied to the Purchase Price at Closing; in all other events,
the Earnest Money Deposit shall be disposed of by Seller.


5. CLOSING OF TITLE

The closing of the sale between the buyer and seller shall be on or before the day of __________,
_____ (hereinafter the “Closing or Closing Date”), unless extended in writing by the parties. The
closing will be held at _______________ [LOCATION OF CLOSING]. At the closing, all title

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deeds and other related documents shall be delivered, and the balance purchase price will be
paid. Seller shall convey title by bill of sale and endorsement of title certificate




6. REPRESENTATIONS, WARRANTIES AND COVENANTS

Seller represents, warrants and covenants that:

(a) Seller is the sole and lawful owner of the Mobile Home and Seller has the full right, power,
and authority to sell, convey, and transfer interest in the Mobile Home;

(b) The Mobile Home together with all fixtures described above, are free from any and all claims
of creditors and are not encumbered by any security interest, or, if they are, that the security
interest will be discharged prior to closing

(c) All refrigerators, freezers, ranges, dishwashers, washing machines, clothes dryers, air
conditioning equipment, and any other utilities or appliances provided herein are in proper
working order as of the Closing Date;


7. TITLE SEARCH REPORT

Seller agrees to furnish Buyer at its own expense, an Owner’s policy of title insurance
(hereinafter the “Title Policy”) from a reputable title company, in the amount of the Purchase
Price, dated as of the Closing Date. The Title Policy to be furnished to Buyer shall insure
Buyer’s title to the Mobile Home to be good and marketable title and free and clear of all liens,
encumbrances, and charges whatsoever except for those exceptions shown in the Title Policy
(hereinafter the “Permitted Exceptions”). Seller shall deliver to Buyer, or have available for
Buyer’s review, the title report of the Title Company (hereinafter the “Report”) and legible
copies of any documents creating title exceptions at least ten (10) days prior to Closing. Buyer
may object only to any exceptions reflected in the Report other than those Permitted Exceptions.


8. DEFECTIVE TITLE

If Seller is unable to deliver title or make conveyance as provided herein, Buyer, at its option,
may
   (a) terminate this Agreement whereupon the deposit shall be refunded to Buyer and all
       obligations of the parties shall cease, or

   (b) waive the defects and accept whatever title Seller is able to convey, without any
       reduction in the purchase price and as a full performance by Seller.




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9. INSPECTION

Buyer hereby represents that Buyer has personally inspected and examined the Mobile Home, its
fixtures, appliances, and equipment, and knows the condition thereof and, agrees to accept the
same “as is,” i.e., in the condition they are in on the date hereof, subject to normal use, wear and
tear between the date hereof and the Closing. Buyer has not relied on any representations made
by any broker or by Seller or anyone acting or purporting to act on behalf of Seller as to any
matters which might influence or affect the decision to execute this Agreement or to buy the
Mobile Home, except those representations and warranties which are specifically set forth in this
Agreement.


10. POSSESSION

Seller shall, prior to the Closing, remove from the Mobile Home all furniture, furnishings, and
other personal property not included in this sale, shall repair any damage caused by such
removal, and shall deliver exclusive possession of the Mobile Home at the Closing, vacant,
broom-clean and free of tenancies or other rights of use or possession.


11. BUYER'S DEFAULT

If Buyer fails to comply with any of the provisions of this agreement, Seller, at its option, may

   (a) Terminate this Agreement and retain the deposit as liquidated damages as its sole
          remedy, or

   (b) enforce this Agreement and pursue any and all remedies available at law or equity,
           including an action for specific performance and damages.


12. SELLER'S DEFAULT

Upon any default by Seller of any of the provisions of this agreement, Buyer, at its option, may

   (a) treat this Agreement as terminated and be entitled to the return of the deposit, or

   (b) enforce this Agreement and pursue any and all remedies available at law or equity,
           including an action for specific performance and damages.


13. NOTICES

All notices, demands, and requests which may be given or which are required to be given by
either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered
when personally delivered to the address of the party to receive such notice set forth below or,

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whether actually received or not, five (5) days after having been deposited in any post office or
mail receptacle regularly maintained by the United States Postal Servicet, certified mail, return
receipt requested, postage prepaid, properly addressed as follows:

If to Buyer:

__________________________

__________________________

If to Seller:

___________________________

___________________________
14. RISK OF LOSS; CASUALTY

Seller, at its sole cost, shall keep the Mobile Home insured for the full insurable value until the
closing. Seller shall bear the risk of all loss or damage to the Mobile Home from all causes until
the closing. Should there be any damage that is not restored by Seller to its former condition by
the closing, Buyer, at its option, may (i) terminate this Agreement and any deposit shall be
refunded to Buyer, or (ii) purchase the Mobile Home and be entitled to all insurance proceeds
upon payment of the purchase price.


15. BROKER

Seller and Buyer represent and warrant to each other that the only real estate broker with whom
they have dealt in connection with this Agreement and the transaction set forth herein is
______________________________ and that they know of no other real estate broker who has
claimed or may have the right to claim a commission in connection with this transaction. The
commission of such real estate broker shall be paid by Seller pursuant to separate agreement.

                                                        OR

The parties acknowledge that this Agreement was brought about by direct negotiation between
Seller and Buyer and each represents to the other that it knows of no real estate broker entitled to
a commission in connection with this transaction. Seller and Buyer shall indemnify and defend
each other against any costs, claims or expenses (including reasonable attorneys’ fees) arising
out of the breach on their respective parts of any representation, warranty or agreement contained
in this Section.


16. GENDER, ETC.




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As used in this Agreement, the neuter includes the masculine and feminine, the singular includes
the plural and the plural includes the singular, as the context may require.


17. ENTIRE AGREEMENT

This Agreement contains the entire integrated agreement and understanding between the parties
and is subject to no understandings, conditions, or representations that are not set forth herein.
This Agreement may only be amended in writing and signed by both parties. Time is of the
essence in the performance of this Agreement.




18. SEVERABILITY

If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable under
present or future laws, such provisions shall be fully severable, this Agreement shall be
construed and enforced as if such illegal, invalid or unenforceable provision had never comprised
a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full
force and effect.


19. CAPTIONS

The captions in this Agreement are for convenience and reference only and in no way define,
limit or describe the scope of this Agreement and shall not be considered in the interpretation of
this Agreement or any provision hereof.


20. NO ASSIGNMENT BY BUYER

Buyer may NOT assign his right, title or interest in this Agreement. Any attempted assignment
by Buyer shall be void and shall constitute a material breach of this Agreement. Seller may
assign the Agreement at its sole discretion without prior notice to, or consent of Buyer.


21. FORCE MAJEURE

No Party shall be responsible for delays or failure of performance resulting from acts of God,
riots, acts of war, epidemics, power failures, earthquakes, or other disasters, providing such delay
or failure of performance could not have been prevented by reasonable precautions and cannot
reasonably be circumvented by such party through use of alternate sources, workaround plans or
other means.




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22. GOVERNING LAW

This Agreement shall be governed by and enforced in accordance with the laws of the state of
_________________.


23. MEDIATION

Any dispute between Purchaser and Seller related to this contract that is not resolved through
informal discussion will be submitted to a mutually acceptable mediation service. The parties to
the mediation shall bear the mediation costs equally. This paragraph does not preclude a party
from seeking equitable relief from a court of competent jurisdiction




24. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and shall inure to the benefit of the parties and their
respective heirs, legal representatives, successors, and assigns.


25. NO ORAL CHANGES


This Agreement cannot be changed or terminated orally. Any changes or additional provisions
must be set forth in a rider attached hereto or in a separate written agreement signed by both
parties to this Agreement.


IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day
and year first above written.


________________________________
BUYER


___________________________________
SELLER




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DOCUMENT INFO
Description: This document creates a sales agreement between a buyer and seller for a mobile home. The agreement provides for a description of the mobile home unit, including fixtures, and further contains clauses for the purchase price, earnest money deposit, seller representations and warranties, and a mediation provision. This template sales agreement is intended to supply standard provisions but can be customized to fit the needs of the contracting parties, including the addition of other conditions that the buyer and seller agree upon.
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