Contract Between Purchaser And Seller. Page 2

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5.
APPRAISAL. This offer is _______ is not________ subject to the property appraising for at least the
purchase price. If the appraisal reveals repairs, which must be made, Purchaser and Seller will negotiate
which party will complete those repairs for any re-inspection fees. If the appraisal is less than the agreed
purchase price, Purchaser and Seller may renegotiate the purchase price.
Appraisal
will /
will not be ordered prior to removal of home inspection contingency.
6.
SALE OF PURCHASER'S PROPERTY
A.
This offer is not contingent upon the sale or close of property owned by Purchaser.
B.
This offer is contingent upon the sale and close of Purchaser’s property located at
(address, including city & state)_____________________________________________________
_______________________________________________________________________________
within ________ days or
within the time specified for closing the Seller’s property. Seller
shall have the right to continue to offer the property for sale and accept any offers subject to the
rights of Purchaser. If Seller accepts another offer, Seller will give Purchaser written notice of that
fact. Within ________ days of receipt of the notice, Purchaser will provide a written waiver of the
contingency on the sale and close of Purchaser’s property or this agreement will terminate without
further notice and deposits will be returned according to paragraph 15 of this agreement. Upon
waiver of this contingency, Purchaser warrants and will provide proof that the funds needed for
closing will be available and Purchaser’s ability to obtain financing is not contingent upon the sale
and/or close of any property.
7.
SELLER'S PROPERTY DISCLOSURE. Purchaser acknowledges receipt of Seller's property condition
disclosure statement dated ____________________ as required by SDCL 43-4-38 through 43-4-57 prior to
signing this agreement. (initials)_________/___________
Purchaser acknowledges that no disclosure statement is required by reason of the following:
______________________________________________________________________________________
8.
LEAD-BASED PAINT DISCLOSURE. Purchaser acknowledges receipt of the pamphlet "Protect Your
Family From Lead In Your Home" and the Seller's lead-based paint and lead-based paint hazards form
according to the Residential Lead-Base Hazard Reduction Act of 1992. This applies only to properties built
prior to 1978. (initials)_________/___________
9.
INSPECTION OF PHYSICAL CONDITION OF PROPERTY. Purchaser acknowledges that it has
been recommended that Purchaser engage, at Purchaser’s expense, the services of a professional inspector
acting within the scope of the inspector’s professional license to inspect the property
(initials)__________/__________.
Purchaser and Seller understand the purpose of a property inspection is to inform and educate Purchaser
of conditions and future maintenance of property and is not designed to be a point of renegotiation of the
purchase price.
This offer
is /
is not contingent upon Purchaser, at Purchaser’s expense, obtaining a property
inspection(s) and report(s) which may include, but not be limited to the physical, structural, mechanical,
pest, geological and environmental contamination conditions relating to the property. These inspection
options will be completed and written notice of the results given to Seller or Seller’s agent within ____
business days of acceptance of this agreement. If the inspection(s) has not been completed within the
specified time, Purchaser’s option to have the inspection(s) shall expire and all other terms of this Purchase
Agreement will continue unaffected.
INITIALS: PURCHASER________/________SELLER________/_________
Page 2 of 5
SDREC.RESIDENTIALPURCHASEAGREEMENT.2011

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