Boat Purchase And Sale Agreement Form

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JACKSON MARINE SALES, INC
BOAT PURCHASE AND SALE AGREEMENT
This
Agreement
made
by
and
between
_____________________________________________________
(the
PURCHASER),
and
____________________________________________________ (the SELLER), owner of the _____________________________________________________ described
in the attached inventory which is made a part hereof, and named _______________________________________________________. The PURCHASER and the
SELLER recognize __________________________________________________ (the SELLING BROKER) and ______________________________________ (the
LISTING BROKER) as the BROKERS handling the sale of the BOAT and herein referred to collectively as the BROKERS.
1. PRICE AND DEPOSIT: The “selling price” shall be ________________________________________________ dollars. ($ _____________________)
The sum of __________________________________________________ dollars ($ ________________________) of the selling price shall be paid as a deposit upon
execution of this Agreement. The deposit shall be paid to and held by the SELLING BROKER to and held by the SELLING BROKER pending resolution of this sale. The
balance of the Selling Price shall be paid in CASH or CERTIFIED U.S. funds at settlement.
2. CONDITIONS: (If none, write “none”
_________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________
3. ACCEPTANCE OF THE BOAT: The PURCHASER shall give written acceptance or refection of the BOAT by ________________________________(date) and if
written notification is not received by the BROKER on or before said date, it shall be construed as acceptance of the BOAT by PURCHASER.
4. TERMINATION OF AGREEMENT: If the PURCHASER gives notice of his intention to reject the BOAT under the terms of this agreement, such notice shall
constitute termination of the PURCHASER’S obligation to purchase and the SELLER’S obligation to sell, and the PURCHASER and the SELLER both authorize the
SELLING BROKER to return the deposit to the PURCHASER after deduction any fees and charges incurred against the BOAT by the PURCHASER, or by the
BROKERS on behalf of the PURCHASER, including the cost of the survey and related expenses.
5. SURVEY: The PURCHASER may have the BOAT surveyed at his expense to verify the condition of the BOAT and the accuracy of the attached inventory.
a.
The SELLER agrees that the PURCHASER or his agents may examine the BOAT and inventory in a nondestructive manner. The SELLER may stipulate
at which boat\yard the boat may be hauled for survey. The haul out will be at the purchaser’s expense.
b.
The PURCHASER agrees that the surveyor(s) shall be employed by the PURCHASER and that the BROKERS are not responsible for any errors,
omissions or other inaccuracies that may appear on the survey of the BOAT even though the BROKERS may have suggested the name of the surveyor, or
at the PURCHASER’S request, may have hired the surveyor on behalf to the PURCHASER.
6. SETTLEMENT: shall take place on or before ___________________________________ 20___ at ____________(time). The settlement on the sale shall be deemed
complete when:
a.
All documents necessary to transfer good and absolute title to the BOAT have been received by the PURCHASER, or by the SELLING BROKER on
behalf of the PURCHASER and
b.
The balance of the Selling price is paid in CASH or CERTIFIED funds to the SELLER, or to the SELLING BROKER for transmittal to the SELLER.
OTHER RIGHTS, OBLIGATIONS AND MISCELLANEOUS PROVISIONS
7. The SELLER warrants and/or agrees as follows:
a.
That he has full power and legal authority to execute and perform this Agreement, that he has good and marketable title to the BOAT, and that he will
obtain permission from any authority to sell the BOAT if necessary.
b.
That the BOAT will be sold free and clear of any mortgages, liens, bills, encumbrances, or claims whatsoever if any such obligations remain outstanding at
the settlement, the SELLER authorizes the SELLING BROKER to deduct the funds necessary to satisfy such obligations from the proceeds of the sale.
c.
To deliver the BOAT and its inventory as accepted in paragraph #3 on or before _______________________________ 20___ at__________(time).
d.
To pay any and all duties, taxes, fees or other charges assessed against the BOAT by any governmental authority prior to the settlement, to hold harmless
and indemnify the PURCHASER and BROKERS against any claims or actions for such fees and to provide validation of such payments at the settlement
upon written request by the PURCHASER, ten days prior to the settlement.
e.
To hold harmless and defend the PURCHASER and BROKERS against any and all claims incurred prior to settlement that may impair or adversely affect
the PURCHASER’S receipt, use and possession of the BOAT including good and absolute title thereto and to assume all costs incidental to defending
PURCHASERS and BROKERS against such claims, including their reasonable attorney’s fees.
f.
To pay the BROKERS the commission as soon as the sale is consummated, and authorizes the BROKERS to deduct the commission from payments
received directly or indirectly from the PURCHASER. Such commission shall be calculated upon the above state selling price without regard to
subsequent adjustments as a result of survey or otherwise. Should the sale not be consummated for any reason, and the SELLER transfers any interest in
the BOAT to the PURCHASER, directly or indirectly within two years of the settlement date of the Agreement (except a charter of one month or less);
then the SELLER agrees to pay the BROKERS an amount equal to the commission which would have applied to the sale for which this Agreement is
now created.
8. The PURCHASER warrants and/or agrees as follows:

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