VIEWS: 1,815 PAGES: 9 CATEGORY: Creating a Sales Agreement POSTED ON: 1/22/2011
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.
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, © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 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, © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 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. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8
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