Boat Purchase And Sale Agreement Form Page 2

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a.
That he has full power and legal authority to execute and perform this Agreement, and to obtain the permission of any authority to buy the BOAT, if
require.
b.
To deliver the following at settlement:
1.
CASH or CERTIFIED funds payable to the SELLER, or to the SELLING BROKER, in an amount equal to the balance of the selling price as
set forth in Paragraph #1.
2.
CASH or CERTIFIED funds payable to the BROKERS, in an amount equal to any charges incurred against the BOAT BY THE brokers on
behalf of the PURCHASER, including costs related to any survey of the BOAT.
3.
Any and all documents, including authorization, required to complete this purchase.
c.
To pay all sales and/or US taxes, now or hereafter imposed as a result of this sale, to indemnify the SELLER and BROKERS against any obligations to
pay such taxes and to furnish proof of such payments upon request by the BROKERS.
d.
The PURCHASER will have the right of possession of the BOAT only upon completion of the settlement.
9. INTERIM RESPONSIBILITIES: The SELLER shall bear all risk of loss or damage to the BOAT, or to any person or property on said BOAT until settlement. Any
damages to the BOAT subsequent to acceptance as set forth in paragraph #3, and prior to completion of settlement, shall be repaired by the SELLER at his expense,
subject to approval of the PURCHASER, who has the right to request a reasonable price adjustment or to cancel the sale if substantial damages cannot be repaired to
his/her satisfaction. Any survey or related expenses shall be the PURCHASER’S responsibility.
10. DEFAULT BY SELLER: SELLER’S failure to deliver the BOAT to the PURCHASER or otherwise to perform the terms of this Agreement, shall obligate the
SELLER to pay BROKERS the full brokerage commission which would have otherwise been due pursuant to paragraph #7.
11. DEFAULT BY PURCHASER: The PURCHASER and SELLER agree that the amount of damages sustainable in the event of a default by the PURCHASER are not
capable of ascertainment. Therefore, in the event that the PURCHASER, after accepting the BOAT under the terms of this Agreement, fails to fulfill any or all the
obligations set forth in paragraph #8, the deposit shall be retained by the SELLER as liquidated and agreed damages and the PURCHASER and SELLER shall be relieved
of all obligations under the Agreement. This sum shall be divided equally (50%/50%) between the SELLER and the BROKERS after all expenses incurred against the
BOAT by the PURCHASER have been paid. The BROKERS’ share shall not exceed the amount the BROKERS would have received had the sale been completed.
12. Should the LISTING BROKER of the SELLING BROKER become party to any litigation involving this Agreement and found not to be at fault, it is agreed that the
BROKER(S) shall be reimbursed for costs and attorney’s fees by the party(s) found to be at fault.
13. This Agreement shall:
a.
be construed and interpreted in accordance with the law of the State of the SELLING BROKER’S principal office;
b.
constitute the entire Agreement between the PURCHASER and SELLER, and supersedes all prior discussions, agreements and understandings of any
nature between them, and may not be changed or added to except by agreement in writing and signed by the parties to be bound;
c.
be binding upon and shall insure to the benefit of and be enforceable by the successors in interest of the PURCHASER and SELLER, including but not
limited to heirs, executors, administrators or assigns;
d.
survive the settlement of the transaction, and shall not be merged in or otherwise be affected by the execution, tender, delivery or acceptance of the Bill of
Sale or any other documents executed or delivered at the settlement.
14. THE PURCHASER EXPRESSLY AGREES THAT NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED HAVE BEEN OR WILL BE MADE
DIRECTLY OR INDIRECTLY, BY THE SELLER OR BROKERS, CONCERNING THE CONDITION OR USE OF THE BOAT, THE PRUCHASER FURTHER
EXPRESSLY AGRFEES THAT HE HAS NOT RELIED UPON ANY ORAL REPRESENTATION BY THE SELLER OR THE BROKERS AS TO THE CONDITION
OR CAPABILITY OF THE BOAT OR ITS INVENTORY. THE PRUCHASER ALSO RECOGNIZES AND ACKNOWLEDGES THAT BOATS AND THEIR
INVENTORY MAY HAE BOTH APPARENT AND/OR HIDDEN DEFECTS AND PRUCHASER ACCEPTS RESPONSIBILITY FOR DETERMINING THE
CONDITION OF THE BOAT, ITS INVENTORY AND THE EXISTENCE OF ANY DEFECTS.
IN WITNESS WHEREOF, the PRUCHASER and SELLER have hereunto placed their signatures as of the date written below and received a copy of this document.
WITNESS: ________________________ PURCHASER: _____________________________________ DATE: ___________________
WITNESS: ________________________ PURCHASER: _____________________________________ DATE: ___________________
Email
ADDRESS: ____________________________________________________________________________________________________
BUSINESS PHONE: _____________________ HOME PHONE: __________________________CELL _________________________
WITNESS: _____________________________ SELLER: _____________________________________ DATE: ___________________
WITNESS: _____________________________ SELLER: _____________________________________ DATE: ___________________
ADDRESS: ____________________________________________________________________________________________________
BUSINESS PHONE: _____________________ HOME PHONE: __________________________CELL __________________________
SELLING SALESMAN: __________________________________LISTING SALESMAN: ____________________________________

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