Purchase And Sale Agreement Template Page 3

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TITLE, DEED, & SELLER REPRESENTATIONS: Seller will convey to Buyer good and marketable title to the property
(s)
114
by a valid general warranty deed. Seller, at Seller’s expense, agrees to furnish Buyer at closing a title insurance policy. Title
115
policy will be issued by company acceptable to Buyer and Buyer’s lender. Buyer will receive benefit of simultaneous issue.
116
Seller represents to the best of Seller’s knowledge, unless otherwise disclosed, that: property is not in a Special Flood
117
Hazard Area or floodplain; there are no violations of building, zoning or fire codes; there are no encroachments or
118
violations of setback lines, easements or property boundary lines; and there are no boundary line disputes. If at anytime the
119
title examination, mortgage loan inspection, survey, or other information discloses any such defects, or if the Buyer
120
discovers that any representation in this Agreement is in fact untrue, Buyer may, by delivering written Notice to Seller,
121
either (1) accept the Property with the defects, OR (2) cancel this Agreement and all Earnest Money must be refunded to
122
Buyer, OR (3) Buyer may extend the closing date by up to 3 calendar days to perform additional due diligence, retaining
123
the right to exercise option (1) or (2) above.
124
DEFAULT OR BREACH: If either party fails to perform any obligation under this Agreement, the other party may do
(t)
125
any or all of the following: (1) cancel the Agreement (2) sue for specific performance, (3) sue for actual and compensatory
126
damages. Legal counsel is strongly recommended in such circumstances.
127
REAL ESTATE COMMISSIONS: Seller authorizes closing company to debit Seller and pay commissions as follows at closing:
(u)
128
Real Estate Firm Name: _____________________________________________will receive______% of the purchase price.
129
Licensee’s Name and Contact Information: ________________________________________________________________.
130
Other Real Estate Firm Name (if any): _________________________________will receive______% of the purchase price.
131
Other Licensee’s Name (if any) and Contact Information: ____________________________________________________.
132
ADDENDA, ATTACHMENTS, EXHIBITS, DISCLAIMERS, AND DISCLOSURES (included if marked below):
(v)
133
Confirmation of Agency Status (required with all Purchase and Sale Agreements)
134
Advisory to Buyers and Sellers, or TAR Disclaimer Notice (required with all Purchase and Sale Agreements)
135
Lead-Based Paint Disclosure (required for housing constructed before 1978)
136
Personal Interest Disclosure & Consent (required if a Licensee has a personal interest, may be included in Confirmation of Agency)
137
Occupancy Agreement (required if possession is other than the time of closing)
138
VA/FHA Loan Addendum (required if sale involves VA or FHA financing)
139
Impact Fees or Adequate Facilities Taxes Disclosure (required if sale is residential new construction)
140
Subsurface Sewage Disposal System Permit Disclosure (required for newly constructed residential property with septic system)
141
Addendum (extra page for additional Special Stipulations, if needed)
142
Other: ___________________________________________________________________
143
And one of the following three is required with all residential Purchase and Sale Agreements:
144
Tennessee Residential Property Condition Disclosure, OR
145
Tennessee Residential Property Condition Exemption Notification, OR
146
Tennessee Residential Property Condition Disclaimer Statement
147
METHOD OF EXECUTION AND DELIVERY: Signatures and initials transmitted by fax, photocopy, or digital signature
(w)
148
methods will be acceptable and treated as originals. This Agreement constitutes the sole and entire agreement between the
149
parties. No verbal agreements, representations, promises, or modifications of this Agreement will be binding unless agreed
150
to in writing by all parties. Delivery will be considered to have been completed as of the date and time a document is either
151
(1) delivered in person, OR (2) transmitted by fax, OR (3) transmitted by email. Delivery of documents to the real estate Licensee
152
assisting a party as that party's agent or facilitator (or to that Licensee’s Broker) will be considered to be Delivery to that party.
153
ACCEPTANCE DATE AND BINDING CONTRACT: The Acceptance Date will be the date of full execution (signing) of this
(x)
154
Agreement by all parties, that is, the date one party accepts all the terms of the other party’s written and signed Offer or Counteroffer,
155
evidenced by the accepting party’s signature and date on the Offer or Counteroffer. The Acceptance must be promptly
156
communicated (by any reasonable and usual mode) to the other party, thereby making this Agreement a legally Binding Contract.
157
Communications to the real estate Licensee assisting a party as that party's agent or facilitator (or to that Licensee’s Broker) will
158
be considered to be communication to that party. True executed copies of the Contract must be promptly delivered to all parties.
159
OFFER EXPIRATION DATE & TIME: _______________________________________________. If not Accepted by
(y)
160
this date & time (or if blank, by the date and time on Lines 11-13), this Offer will expire. However, at any time before the
161
other party’s communication of Acceptance, the party making the Offer may withdraw the Offer by communicating the
162
withdrawal to the other party, and confirm the withdrawal by the prompt delivery of a written Notice of Withdrawal.
163
Buyer makes this Offer.
164
X_________________________________________________ X__________________________________________________
165
Buyer Signature
Date & Time
Buyer Signature
Date & Time
This Offer is:
Accepted
Rejected
Countered on this form
Countered on a separate Counteroffer form
166
X_________________________________________________ X__________________________________________________
167
Seller Signature
Date & Time
Seller Signature
Date & Time
01/01/2013
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