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r ------------------ Agent ------------------ Date ------------------ Date ------------------ Date\n\ne. ------------------ Seller ------------------ Buyer ------------------ Agent ------------------ Date ------------------ Date ------------------ Date ------------------ Seller ------------------ Buyecompliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accuratlead-based paint hazards. Agent\'s Acknowledgment (initial) (e)------ Agent has informed the Seller of the Seller\'s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure ction for the presence of lead-based paint and/or lead-based paint hazards; or (ii) _____ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or hlet Protect Your Family From Lead In Your Home. (e) Buyer has (check (i) or (ii) below): (i) _____ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspebased paint and/or lead-based paint hazards in the housing. Buyer\'s Acknowledgment (initial) (c) _____ Buyer has received copies of all information listed above. (d) _____ Buyer has received the pamptaining to lead-based paint and/or leadbased paint hazards in the housing (list documents): ______________________________________________ (ii)____ Seller has no reports or records pertaining to lead-r lead-based paint hazards in the housing. (b) Records and reports available to the Seller (Check (i) or (ii) below): (i) _____ Seller has provided the Buyer with all available records and reports per Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): ______________________________________________ (ii) ____ Seller has no knowledge of lead-based paint and/oction for possible lead-based paint hazards is recommended prior to purchase. Seller\'s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): (i) _____with any information on lead-based paint hazards from risk assessments or inspections in the seller\'s possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspeient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the Buyer at may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotnt Every Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint thd Zip ________________________\n\n18\n\nInitials Seller _________________ Buyer _________________\n\nDisclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards\nLead Warning StatemeBuyer.\n\nBy:_________________________________ (Earnest Money Holder Signature) Name: ______________________________ Address: ____________________________ City _______________________________ State and the terms of the Contract are acknowledged. If payment was made by check, this acknowledgment is subject to clearance of the check. Failure of clearance of funds shall not excuse performance by the tly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of the Contract. The receipt of the Earnest Money under the Contract an__________\n\n17\n\nInitials Seller _________________ Buyer _________________\n\nEARNEST MONEY RECEIPT\nAny Earnest Money Holder receiving funds is authorized and agrees by acceptance thereof to promp__________________________ Buyer _____________________________ Date ______________________________ Address: ___________________________ City _______________________________ State and Zip _______________ Buyer _____________________________ Date ______________________________ Address: ___________________________ City _______________________________ State and Zip _______________________\n\nSignature ______________ Date ______________________________ Address: ___________________________ City _______________________________ State and Zip _______________________\n\nSignature ________________________________________________ Address: ___________________________ City _______________________________ State and Zip _______________________\n\nSignature __________________________ Seller __ _____________X PROFESSIONAL BEFORE SIGNING IT, TO MAKE SURE YOU UNDERSTAND ALL OF THE TERMS AND LEGAL AND TAX CONSEQUENCES.\n\nSignature __________________________ Seller __ ___________________________ Date ______ provisions inserted herein or attached hereto as Addenda shall control all printed provisions in conflict therewith.\n\nTHIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. CONSULT AN ATTORNEY AND A TAy retains the right to enforce that term or provision at a later time. 16\nInitials Seller _________________ Buyer _________________\n\nTYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwrittenctive for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this contract, that partied, amended or limited only to the extent necessary to render it valid and enforceable.\n\nWAIVER If one party waives any term or provision of this contract at any time, that waiver will only be effed or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this contract invalid or unenforceable and such provision shall be modifsingular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa.\n\nSEVERABILITY If any court determines that any provision of this contract is invalited in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Contract.\n\nINTERPRETATION Whenever the context hereof shall require, the n this Contract.\n\nBINDING EFFECT This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.\n\nCOUNTERPARTS This Contract may be execu__________________________.\n\nASSIGNABILITY (select one and initial) [ _______ / _______ ] Buyer is prohibited from assigning all or any part of this Contract OR [ _______ / _______ ] Buyer may assigf any term.\n\n15\n\nInitials Seller _________________ Buyer _________________\n\nGOVERNING LAW This Contract will be governed by and construed in accordance with the laws of the state of ____________l by any party hereto or by anyone on behalf of any party hereto.\n\nHEADINGS Headings used in this Contract are provided for convenience only and shall not be used to construe the meaning or intent owith the same force and effect as if made at that time, and all of such representations and warranties shall survive the Closing and shall not be affected by any investigation, verification or approva hereunder.\n\nSURVIVAL OF REPRESENTATIONS AND WARRANTIES The representations and warranties set forth in this Contract shall be continuing and shall be true and correct on and as of the closing date ned or similar proceedings affecting the Property or any portion thereof, nor has Seller knowledge that any such action is presently contemplated which might or does affect the conveyance contemplatedyer has signed this offer.\n\nPENDING LITIGATION Seller warrants and represents that there are no legal actions, suits or other legal or administrative proceedings, including cases, pending or threateparty before acceptance by written notice to the other party before acceptance.\n\nEFFECTIVE DATE The date of the Contract (\"Effective Date\") shall be the date when the last one of the Seller and Bu to the offering party. If both parties don\'t sign this Contract before the expiration date, then any deposits or Earnest Money shall be returned to Buyer. The offer may be withdrawn by the offering the other, it shall (before signed by the receiving party) constitute an offer that expires on _____________ (\"Expiration Date\") at _______ (time) unless earlier accepted by signing and returning it_________________________ City _______________________________ State and Zip _______________________\n\nEXPIRATION OF OFFER If this Contract is first prepared and signed by one party and delivered to yer: Buyer _____________________________ Address: ___________________________ City _______________________________ State and Zip _______________________ Buyer _____________________________ Address: ____________ Address: ___________________________ City _______________________________ State and Zip _______________________ 14\nInitials Seller _________________ Buyer _________________\n\nand if to Bus follows: If to Seller: Seller _____________________________ Address: ___________________________ City _______________________________ State and Zip _______________________ Seller ___________________ at the address that follows a party\'s signature or to a new address that a party designates in writing. A notice may be delivered: (1) in person; (2) by certified mail; or (3) by overnight courier a_______________________________________ NOTICES Any notice to be given or to be served upon any party hereto, in connection with this Contract, must be in writing. A notice may be delivered to a party____________________ _______________________________________________________________________ _______________________________________________________________________\n\n___________________________________\n_______________________________________________________________________ _______________________________________________________________________ ___________________________________________________nt, discharge or termination is sought, and then only to the extent set forth in such instrument.\n\nADDITIONAL AGREEMENTS Seller and Buyer additionally agree that: ___________________________________ provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendmehe parties with respect to the transaction contemplated herein. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Neither this Contract nor anyuires. Unless identified as Seller or Buyer, no real estate professional, escrow agent or closing agent is a party to this Contract.\n\nENTIRE AGREEMENT This Contract is the entire agreement between t and costs.\n\nPARTIES If Seller or Buyer constitutes two or more persons, the terms \"Seller\" or \"Buyer\" shall be construed to read \"Sellers\" or \"Buyers\" whenever the sense of the Contract reqn\nATTORNEY FEES AND COSTS In connection with any litigation including appellate proceedings arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney\'s fees in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers\' fees, will be allocated by the arbitrator. 13\nInitials Seller _________________ Buyer _________________\t resolved within 30 days after it is referred to the mediator, it will be arbitrated by ______________________. an arbitrator to be mutually selected. Judgment on the arbitration award may be entered share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is nod Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by ______________________. a mediator to be mutually selected. The parties will to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. Mediation and by ______________________. a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempttion. If a dispute arises, either party may take the matter to court. Mediation and Possible Litigation. If a dispute arises, the parties will try in good faith to settle it through mediation conducter both or (2) demand a refund of the deposit in termination of this contract, in which case and this shall be the sole remedy of Buyer under this Contract.\n\nDISPUTES (select appropriate ones) Litigaould not readily be ascertained at the date of execution of this Contract If Seller defaults, Buyer may (1) enforce specific performance of the Contract and pursue any other available legal remedies oief hereunder in such event. In such event the parties agree that said sum shall constitute liquidated damages since both Buyer and Seller agree that actual damages for default or breach of contract c any other available legal remedies or both or (2) cancel this contract and claim the deposit as liquidated damages and Seller agrees to accept and take said deposit as Seller\'s total damages and relght, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. If Buyer defaults, Seller may (1) enforce specific performance of the Contract and pursuedamages available at law or in equity. All rights, powers, options or remedies afforded to Buyer or Seller either hereunder or by law shall be cumulative and not alternative and the exercise of one ri or obligation within the time limits required by this Contract shall constitute a material default. Following a material default by either Buyer or Seller, the other party may pursue any remedies or p.m. of the next business day.\n\nDEFAULTS AND REMEDIES.\n\n12\n\nInitials Seller _________________ Buyer _________________\n\nFailure of either party to comply with any material covenant, agreement,ays shall in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00___________________________________ Both will pay any _____________________________________\n\nTIME Time is of the essence of this Contract. Any reference herein to time periods of less than six (6) dase money mortgage (if any) Both will pay any recording any corrective instruments Both will pay any loan origination fees. Both will pay any _____________________________________ Both will pay any __title insurance) issued pursuant thereto. Seller Seller Seller Seller Seller Seller Seller Buyer Buyer Buyer Buyer Buyer Buyer Buyer Both will pay any survey work. Both will pay any recording of purching of the deed, mortgage, and any documents required in connection with the title insurance commitment. Seller Buyer Both will pay any premium payable for the title commitment and title policy (i.e. hich are required to be affixed to the warranty deed; Seller Buyer Both will pay any intangible tax required by law on the mortgage.\n\nSeller Buyer Both will pay any recording costs, including recordost is split 50/50 between buyer and seller. Delete the one(s) that don\'t apply): Seller Buyer Both will pay any transfer tax when title passes.\n\nSeller Buyer Both will pay any documentary stamps w11\nInitials Seller _________________ Buyer _________________\n\nCLOSING COSTS The costs and expenses in connection with the Closing shall be paid as follows (select whichever applies. Check both if c______________________________________ ______________________________________________________________________________ _________________________________________________________________ (Other or none) e local funds in the amount set forth in this Contract and any required mortgage, mortgage note, security agreement and financing statement and _______________ ________________________________________he terms, conditions and provisions hereof, and concurrently with the performance by Seller of its obligations set forth in the Contract, Buyer shall deliver to Seller, cashier check or other immediat statement, mechanic\'s lien affidavit, assignments of leases, and any corrective instruments that may be required in connection with perfecting the title. BUYER\'S OBLIGATIONS AT CLOSING Subject to t shall do the following: a. Execute, acknowledge, and deliver to Buyer a Warranty Deed or ______________ conveying the Property to Buyer subject to any limitations set forth above : b. Furnish closing______________________ ______________________________________________________________________ ____________________________________________________\n\nSELLER\'S OBLIGATION AT CLOSING At Closing, Sellereither the cash payment or the second mortgage as the Seller may elect.\n\n(iii) (iv)\n\n(v) Other: ___________________________________________________ ________________________________________________rd, if any; Mortgage to be assumed or purchase money mortgages as described above, if any; Any variance in the amount of said mortgage from the amount stated herein shall be added to or deducted from earing on the plat or otherwise common to the subdivision, easements and zoning ordinances of record, and other requirements imposed by governmental authority, if any; public utility easements of recoined in deed. RESTRICTIONS, EASEMENTS, LIMITATIONS The Buyer shall take title subject only to: (i) (ii) taxes and assessments for year of the Closing and subsequent years; Restrictions and matters app to make timely demand for refund, he shall take title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contawith such repayment, Buyer shall vacate the Property and reconvey same to the 10\nInitials Seller _________________ Buyer _________________\n\nSeller by special warranty deed. In the event Buyer failsect. In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefore and within five (5) days thereafter, be returned to Buyer and, simultaneously ered unmarketable, Buyer shall within said five (5) day period, notify Seller in writing of the defect and Seller shall have thirty (30) days from date of receipt of such notification to cure said def held in escrow by Seller\'s attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) days from and after closing date. If Seller\'s title is rend Buyer\'s expense, to show title in Buyer, without any encumbrances or change which would render Seller\'s title unmarketable from the date of the last evidence, and the cash proceeds of sale shall bepossession of the Property immediately following the Closing, free and clear of all trash, debris and furnishings. The deed shall be recorded upon clearance of funds and evidence of title continued atnd procedures for closing, and for disbursement of mortgage process, shall control, anything in this Contract to the contrary notwithstanding. Unless otherwise agreed by the parties, Buyer shall have ace at a mutually convenient place and time. However, if a portion of the purchase price is to be derived from an institutional mortgagee, the requirements of said mortgagee as to time of day, place aand the deed and other closing papers delivered on the ______ day of ______ 20__, unless extended by other provisions of the Contract, or by written agreement of the Parties. The Closing shall take plhe parties as of the Closing. Buyer will pay any special assessments that become a lien on the property after the Closing.\n\nCLOSING AND POSSESSION This transaction shall be closed (the \"Closing\") n\nSPECIAL ASSESSMENTS Any special assessments for the year in which the sale of the Property is closed (exclusive of rebates and penalties) that are a lien on the Property shall be prorated between ty, as the case may be, an amount necessary to effect such adjustments. This provision shall survive the Closing. OR [_____ / _____ ] Unless the Parties agree otherwise, all prorations shall be final.\___ / _____ ] Subsequent to the Closing, when the tax rate is fixed for the year in which the Closing occurs, Seller and Buyer agree to adjust the proration of taxes and, if necessary, to refund or pa____\n\nto prorations as of date of closing will be deemed \"date of occupancy\" if occupancy occurs prior to closing, unless otherwise provided for herein.\n\nADJUSTMENTS (select and initial one) [__hall be prorated. The cash at the Closing shall be increased or decreased as may be required by said prorations. All references in the Contract 9\nInitials Seller _________________ Buyer _____________ year\'s taxes based on the information available on the Closing. Buyer shall have the option of taking over any existing policies of insurance on the Property, if assumable, in which event premiums s if the Property has been reappraised or reclassified within the preceding year and the actual taxes based on the new value are not available, they will agree to a reasonable estimation of the currentar\'s taxes were based, taxes will be estimated based on the preceding year\'s levy at the more current assessed value, if ascertainable, and the estimated amount prorated. The parties also agree that the tax rate of the preceding year applied to the latest assessed valuation. However, if the Property was materially improved following the determination of the assessed value upon which the prior yehall be the responsibility of Buyer, subject to applicable law. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis ofrent, interest, insurance and other expenses and revenue of the Property shall be prorated as to the date of Closing for the year of the Closing (on a 30-day-month, 360-dayyear basis) and thereafter sl, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided for herein. TAX AND OTHER PRORATIONS Taxes, assessments, Closing. The warranty deed shall convey to Buyer a marketable fee simple title to the Property free and clear of all liens and encumbrances, except as provided in this Contract. Personal property shalOF DEED On or before the Closing, Seller shall execute, transfer and deliver marketable title to the property to Buyer by a warranty deed and take all other steps reasonably necessary to complete the erty for any reason other than Seller\'s default, all such information shall be returned to Seller together with any information that Buyer may have compiled with respect to the Property.\n\nDELIVERY cial studies which Seller has, if any, relating to the Property, and all such information may be used by Buyer in such manner as it desires; provided that in the event Buyer fails to purchase the Propn in the Purchase Price.\n\nENGINEERING PLANS AND STUDIES Upon the execution hereof, Seller shall furnish to Buyer all engineering plans, drawings, surveys, artist\'s renderings and economic and finanaid shall be returned to Buyer and all rights and liabilities arising hereunder shall terminate, or Buyer may close this transaction in the same manner as if no defects had been found without reductioencroachments as is allowed under this Contract for the curing of defects of title. If the Seller shall fail to remove or cure said encroachments within the period of time, then the deposit this day pr that the improvements located on the Property herein described encroach on other lands, written notice of that effect shall be given to the Seller and Seller shall have the same time to remove such shall shall not be made of the Property prior to the Closing.\n\n8\n\nInitials Seller _________________ Buyer _________________\n\nIf the survey shows encroachments on the Property herein described, od further reciting that, in fact, all bills for work to the Property which could serve as a basis for a mechanic\'s lien have been paid or will be paid at the Closing.\n\nPROFESSIONAL SURVEY A survey contractors, subcontractors, suppliers, and material men, in addition to Seller\'s lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and material men anred twenty (120) days immediately prior to the Closing Date. If the Property has been improved within said time, Seller shall deliver releases or waivers of all mechanic\'s liens, executed by general terest in, or financing statement, claim, lien, or potential lien known to Seller with respect to, the Property, and further attesting that there have been no improvements to the Property for one hundal. The amount of any escrow deposits held by mortgagee shall be credited to Seller.\n\nLIEN AFFIDAVIT Seller shall furnish to Buyer at closing an affidavit attesting to the absence of any security inte or charges a fee for any reason in excess of $________, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess. Buyer shall use reasonable diligence to obtain approvage, and: a) the mortgagee does not approve the Buyer, the Buyer may rescind the Contract (and any Earnest Money will be returned to Buyer), or b) the mortgagee requires an increase in the interest rant, interest rate and whether the mortgage(s) is in good standing. If a mortgage requires approval of the Buyer by the mortgagee in order to avoid default, or for assumption by the Buyer of said mortg coverage.\n\nEXISTING MORTGAGES Seller shall furnish to Buyer within twenty (20) days from execution hereof a statement from all mortgagee(s) (if any) setting forth principal balance, method of paymeuirements of, the Title Company for issuance of this coverage. Unless otherwise agreed or if not available for reasons other than any act of Seller, Buyer\'s title policy will include mechanic\'s lientrument of conveyance against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. Seller agrees to cooperate with, and comply with the reqmbrances or other matters created or brought about by Buyer and exceptions permitted according to this Contract. The policy shall also insure Buyer as of the date of recording of the deed or other ins pay for an owner\'s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in Buyer from and after the Closing, subject only to exceptions for any liens, encuon the deposit described herein shall be returned to Buyer and this Contract shall be of no further force and effect. 7\nInitials Seller _________________ Buyer _________________\n\nSeller Buyer shallct to the objections raised by Buyer, without an adjustment in the purchase price, in which event said objections shall be deemed to be waived for all purposes, or (iii) rescind this Contract, whereup the Closing (or reasonably later date if extended by Buyer in Buyer\'s discretion), Buyer may, at its option: (i) extend the time period for Seller to satisfy said objections, (ii) accept title subjecost and expense promptly undertake and use its best efforts to eliminate or modify all unacceptable matters to the reasonable satisfaction of Buyer. If Seller does not remedy any title defects beforefactory in Buyer\'s sole discretion. In the event that the condition of title is not acceptable, Buyer shall state which exceptions to the Title Commitment are unacceptable. Seller shall, at its sole the Closing. Buyer shall give Seller written notice within ten (10) days after receipt of the Title Commitment, if the condition of title as set forth in such Title Commitment and survey is not satismit to insure a marketable fee simple title in the Buyer upon the recording of the deed. This Title Commitment shall be delivered to Buyer as soon as practicable, but at least fifteen (15) days beforeBuyer a title commitment (\"Title Commitment\") accompanied by one copy of all documents affecting the Property, and which constitute exceptions to the Title Commitment. The Title Commitment shall complan will be paid at closing.\n\nTITLE Seller, at Seller\'s sole cost and expense, shall cause a title insurance company mutually acceptable to the Parties (\"Title Company\") to issue and deliver to overing repair or replacement of the working components of the Property for one (1) year from the Closing Date. The warranty plan cost shall not exceed $_________________. The charge for the warranty to pay for a homebuyer\'s warranty plan from a reputable warranty plan provider, subject to a per claim deductible not to exceed $____________. This warranty plan will be a limited service contract c to Seller\'s insurance proceeds for the loss or damage, or (b) Buyer may of cancel the Contract and receive return of any Earnest Money deposit(s) made hereunder.\n\nWARRANTY PLAN Seller Buyer agreesve the option of either (a) taking the Property as is, together with either a credit for the said ____% or any insurance proceeds payable by virtue of such loss or damage or an assignment of the rightrms of this Contract with costs therefore escrowed at the Closing. In the event the cost of repair or restoration exceeds ____% of the assessed valuation of the improvements so damaged, Buyer shall harestoring same does not exceed ____% of the assessed valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and the Closing shall proceed pursuant to the tecovered by what is commonly referred to as fire and extended coverage insurance) is assumed by Seller. If the improvements are damaged by fire or other casualty prior to the Closing, and the costs of ______________\n\nUntil the purchase is closed and the warranty deed delivered to Buyer, the risk of loss by fire, windstorm, earthquake, flood or other casualty (including those causes that could be ter the date of closing.\n\nCASUALTY LOSS Seller agrees to keep the improvements on the Property fully insured until delivery of Seller\'s deed to Buyer. 6\nInitials Seller _________________ Buyer ___roperty by any government authority for installation or extension of water, sanitary or sewer service, if such charges have been incurred before the Closing. Buyer will pay for the charges incurred af leave all utilities on until the date of possession. If the utilities are left Seller will pay the utility bills until closing.\n\nUTILITY CHARGES Seller will pay any other charges made against the p represents that the house that is a part of the Property was built after 1978 and so Seller makes no statement about the existence of any lead-based paint.\n\nUTILITIES Seller will on, Buyer will notnitial the one that applies) [ _______ / _______ ] Buyer and Seller have signed a separate Lead Paint Disclosure form, attached to this Contract and made a part hereof. OR [ _______ / _______ ] Sellerfuses to pay for the cost of installing Radon reduction equipment acceptable to Buyer, then Buyer may cancel this Contract and the Earnest Money shall be refunded to Buyer.\n\nLEAD PAINT DISCLOSURE (ie by a reputable inspector, complying with federal law and the law of the jurisdiction where the Property is located. If the level of Radon gas exceeds four picocuries per liter (4pCi/L) and Seller re_____ ] Seller shall arrange and pay for a report concerning the level of Radon gas in the Property and provide the report to Buyer at least fifteen (15) days prior to closing. The report shall be madhe state where the Property is located. Additional information about Radon and Radon testing may be obtained from the state or county public health officer. (Initial if this applies) [ ________ / ____a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines may have been found in buildings in tnt equal to _____% of said Purchase Price.\n\n5\n\nInitials Seller _________________ Buyer _________________\n\nRADON TESTING Radon is a natural occurring radioactive gas that, when it accumulates in ing written notice to Seller and the Earnest Money shall be refunded to Buyer, or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at the Closing of an amou to _____% of the Purchase Price. Should such costs exceed that amount, Buyer shall have the option of canceling the Contract within five (5) days after receipt of contractor\'s repair estimate by giv) signed by Buyer and supported by the written opinion of qualified inspector(s) is given to Seller as set forth in this section, Seller shall pay valid costs for treatment and repair of all damage upis obtaining financing, inspection, treatment and repairs will be done within thirty (30) days before the Closing. If written notice of any unsatisfactory condition (other than active pest infestationinfestation by a reputable, licensed pest control firm selected by Seller. Seller will provide Buyer with a certificate evidencing such treatment and Buyer agrees to accept that certificate. If Buyer port (if any) shall be provided by Buyer to Seller. In the event that an inspection reveals that there is active pest infestation, Seller agrees to pay to have the Property treated for control of the e Closing. Seller agrees to provide access for inspection upon reasonable notice. Buyer shall pay for any damage to the Property resulting from any inspection. A copy of a pest inspector\'s written reed to have waived any warranty that Seller may have given in this Contract as to failures not reported. Valid reported failures shall be corrected at Seller\'s cost with funds therefore escrowed at thnd not to be in working condition prior to taking of possession thereof, or six (6) days prior to the Closing, whichever is first. Unless Buyer reports failures within said period, Buyer shall be deemroperty by licensed persons dealing in the repair and maintenance thereof. Buyer shall give written notice to Seller, together with a copy of the written report(s) by the inspector(s) of any items fouitioning, foundation, basement, crawlspace, roof, attic, structural components, environmental hazards, and pest infestation or damage and all other physical matters which may affect the value of the Ppense, have inspections made of the Property. This may include, but not be limited to, inspections of appliances, plumbing, electrical and mechanical systems, central heating, ventilation and air condcepted. In the event of any material change in the condition of the Property before the Closing, Seller shall promptly notify Buyer.\n\nMECHANICAL, PEST AND OTHER INSPECTIONS Buyer may, at Buyer\'s ex______________________________________ Seller shall maintain the Property (including any lawn, shrubbery and/or pool) in its present condition through the date of possession, ordinary wear and tear ex__________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________ler warrants that all major appliances, heating, cooling, electrical, plumbing systems, and machinery are in working condition as of six (6) days prior to closing,), except for the following: ________sentative(s) has made at least a casual inspection of the Property. To the best of Seller\'s knowledge, there are no physical problems with the property that would not be apparent upon inspection. SelBuyer has signed this offer.\n\nPHYSICAL CONDITION OF PROPERTY AND EQUIPMENT 4\nInitials Seller _________________ Buyer _________________\n\nBuyer acknowledges that Buyer or Buyer\'s Agent(s) or Reprel be, at the option of the Buyer, returned to him and this offer shall thereafter be null and void. The date of the Contract (\"Effective Date\") shall be the date when the last one of the Seller and he escrow agent or Earnest Money Holder, to do so.\n\nTIME FOR ACCEPTANCE AND EFFECTIVE DATE If this offer is not executed by both of the parties hereto on or before __________, the Earnest Money shalAfter the required date and until the contingency is removed, either party may cancel this contract by written notice to the other. In that case, Seller will return the deposit to Buyer or authorize thase of the Property without selling Buyer\'s property.\n\nREMOVAL OF CONTINGENCIES If any contingency in this contract is not removed in writing by the required date, this contract becomes voidable. s property and Buyer\'s financing for the purchase of the Property is approved by Buyer\'s lender subject only to the sale of Buyer\'s property; or (ii.) Buyer is financially able to complete the purcct (as applicable). Buyer shall not exercise the option to continue this Contract and complete the purchase of the Property unless: (i.) Buyer has entered into a bona fide contract for sale of Buyer\'_____________ (to be applied to the Purchase Price at closing) and agree in writing to remove both the contingency respecting the sale of Buyer\'s property and any financing contingency of this Contra___ days from receipt of Seller\'s written notice about the other offer to exercise the option of continuing this Contract. To exercise this option, Buyer must pay to Seller a non-refundable fee of $_ may continue to offer the Property for sale. If Seller accepts another bona fide offer before the sale and closing of Buyer\'s property, Seller shall notify Buyer. Buyer shall have __________________ _______ ] The sale and closing of Buyer\'s property located at _______________ ____________________________________________________________________________ on or before ______________________. Sellerhe title insurance commitment is received by Buyer. [ _______ / _______ ] Buyer obtaining and acquiring all the necessary approvals and permits to use the property for ___________________. [ _______ /ency is to be removed by ___________________________. [ _______ / _______ ] Approval of the title insurance commitment by Buyer\'s attorney. This contingency is to be removed within _____ days after ter. This contingency is to be removed by __________________________. [ _______ / _______ ] A stake survey or survey report at Buyer\'s expense resulting in findings satisfactory to Buyer. This conting_____ Buyer _________________\n\n[ _______ / _______ ] A review of public and private building and use requirements affecting the property at Buyer\'s expense resulting in findings satisfactory to Buynvironmental inspection of the property at Buyer\'s expense resulting in findings satisfactory to Buyer. This contingency is to be removed by ____________________.\n\n3\n\nInitials Seller _________________ ] An architect\'s inspection of the property at Buyer\'s expense resulting in a report satisfactory to Buyer. This contingency is to be removed by ___________________. [ _______ / _______ ] An e_______ / _______ ] A contractor\'s inspection of the property at Buyer\'s expense resulting in a report satisfactory to Buyer. This contingency is to be removed by ___________________. [ _______ / __ng contingency is to be removed by ____________________.\n\nADDITIONAL CONTINGENCIES This Contract is also contingent upon satisfactory completion of the following items (initial those that apply): [ plication for, and to use reasonable diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer\'s rights hereunder within said time, Buyer may cancel the Contract. This financisaid loan within _______ days from the date hereof, at an interest rate not to exceed _______ percent (____%); of _______ years; and in the principal amount of $______________. Buyer agrees to make apd in such notice.\n\nSALE CONTINGENCIES If the Purchase Price or any part thereof is to be financed by a third party loan, this Contract, is conditioned upon the Buyer obtaining a firm commitment for y within ___________ days of receipt of written notice of cancellation of this Contract (as the case may be), then such failure shall constitute consent to disbursement of the Earnest Money as provide written notice of pending disbursement sent by certified or registered mail from the third party Earnest Money holder, if any, or (ii) make written demand for return or forfeiture of the Earnest Mone, if there is neither a dispute regarding disbursement of the Earnest Money nor a written consent to distribution and either party fails to: (i) respond in writing within ________ days of receipt of aterpleader or similar action and is authorized to pay the funds to the Clerk of the Court where the Property is located for disposition according to the order of the Court. Buyer and Seller agree thatunless permitted to do so by applicable law. If Buyer and Seller are unable to agree in writing upon the disbursement of the Earnest Money or any other funds, the third party holder may commence an inthird party holding the Earnest Money (or any other amount paid pursuant to this Contract before Closing) will be directed not to disburse those funds without the written consent of Buyer and Seller, chase price at closing or returned to Buyer in the event the transaction does not close. Notwithstanding other provisions in this Contract regarding the refund or forfeiture of the Earnest Money, any by Buyer pursuant to any terms of this, any accrued interest shall be accrued for the benefit of 2\nInitials Seller _________________ Buyer _________________\n\nBuyer and either applied toward the purSITS If the holder of the Earnest Money is someone other than Seller, that holder shall be instructed to deposit the funds in an insured escrow account. Unless, the Earnest Money is somehow forfeited ll be solely at Seller\'s absolute discretion. Seller shall notify Buyer by _____________ (date) if Seller is unable to approve Buyer or Buyer shall be deemed approved.\n\nEARNEST MONEY AND OTHER DEPOcheck on Buyer and to contact any references and to verify the information provided, including banking and personal references and employment information. Buyer understands that Seller\'s approval shaincluding information relating to credit, credit-worthiness, income, employment and banking to Seller by __________ (date). Buyer also understands, agrees to and authorizes Seller to perform a credit be approved by Seller as to Buyer\'s ability to meet the financial obligations under any promissory note, first mortgage or deed of trust. Buyer agrees to provide all necessary financial information, adjustments and prorations. TOTAL (Earnest Money + Seller financing + cash balance at Closing) $________________\n\nCREDIT CHECK If Seller provides any financing under this Contract, Buyer must first ll accrued interest is paid in full. 3. [ _________ / __________ ] Buyer will pay the balance of $______________ on or before the \"Closing\" (defined below) in cash or by cashier\'s check subject to ts of $___________, with the first payment beginning on __________________ and continuing every month thereafter with a like amount on the same date each month until the full amount of this note and amissory note, secured by deed of trust or a first mortgage on the Property, from Buyer to Seller for $__________________ , bearing ___% interest per year (Interest Rate), payable in monthly installmenedited against the Purchase Price. 2. [ _________ / __________ ] Seller agrees to provide financing in the amount of $ ______________________. Seller financing, if any, shall be provided through a pro] Buyer shall pay an earnest money deposit (\"Earnest Money\") in the amount of $______________ to _____________________ (\"Earnest Money Holder\") upon signing this Contract. This deposit is to be cr__________\n\nPURCHASE PRICE The Purchase Price for the Property is: $___________________ (the \"Purchase Price\").\n\nPAYMENT (initial and fill out the one(s) that apply) 1. [ _________ / __________ __________ ___________________________________________________________________ _____________________________________________________ (Excluded Items) 1\nInitials Seller _________________ Buyer _______ contract and shall not be transferred to Buyer as a part of the Property: ___________________________________________________________________ __________________________________________________________ ___________________________________________________________________ ________________________________________________________ (Included Items). The following items are specifically excluded from this attached outside cooking units; attached fireplace screens and/or glass doors; attic and ceiling fans; built-in kitchen appliances; and: ______________________________________________________________o-wall carpet; window and porch shades; blinds; storm windows and doors; screens; curtain and drapery rods; awnings; automated garage door openers and remote control units; keys; attached humidifiers;, ventilation and air conditioning equipment and fixtures; sump pumps; attached TV antennas and cables; lighting and light fixtures; plumbing equipment and fixtures; attached mirrors; linoleum; wall-tpecifically excluded below), all of which (if any) are owned by Seller free and clear of all liens and encumbrances, including: gas heaters; propane tanks (including propane if owned); central heatingt of Seller in and to adjacent streets, roads, alleys and rights-of-way. The sale of the Property shall also include the following fixtures and personal property associated with the Property (unless s_________________ The legal description of the Property is given in Attachment 1. The sale of the Property shall include all buildings and improvements on the property and all right, title and interesy is as follows: __________________________________________________________________ __________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________ _______________________________________________ (Common Description). The legal description of the Propertshall sell and Buyer shall buy the following property and the improvements thereon (the \"Property\") commonly known as: ______________________________________ ________________________________________by and between __________________________, (\"Seller\"), and ________________________, (\"Buyer\") (Buyer and Seller may be collectively referred to as the \"Parties\").\n\nPROPERTY TO BE SOLD Seller ld also be consulted whenever a document is negotiated with another party.\n\n2\n\nResidential Real Estate Sale Contract\nPARTIES This Residential Real Estate Sale Contract (the \"Contract\") is made cular situation. You should also consult with an attorney and a tax professional to make sure that all legal and tax consequences of this agreement are fully explained and understood. An attorney shouary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your partite where the property is located may also have its own laws and regulations regarding lead paint. This information and these forms are not intended as and are not a substitute for legal advice. Laws vpptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lead/outreach/leapame.pdf and. Additional information can also be found on the EPA site at: http://www.epa.gov. Please note that the sta federally approved pamphlet on lead poisoning prevention. An Environmental Protection Agency\'s pamphlet entitled \"Protect Your Family From Lead In Your Home.\" can be found at: http://www.epa.gov/oldren and pregnant women. Before selling pre-1978 housing, Sellers 1\n\nmust disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Buyers must also receive aroblem. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young chiifferent than the types of Real Estate Sale Contracts your local agents and lenders may be used to seeing, you may want to check with a local agent or lender if the use of another form will create a pl your state\'s attorney general\'s office. Most states with mandatory disclosure laws have created state approved forms that can be used to make the disclosure. Since this agreement may be a little d still request the disclosures and try to make them part of the contract. To find out if your state has any mandatory disclosure laws, you can check with a local real estate broker or attorney, or calclosures, if any, are required in your state. In some of these states, a seller may still be required to make the disclosure, even if the property is sold \"as is\" If not required by law, a Buyer may additional written disclosures, including disclosures about the condition of the house and any known problems. Check with a real estate agent or attorney in your area to determine what additional diswell. The contract allows the person making the offer to designate a time and date by which the contract must be signed and returned before it expires. The law in some states requires a seller to makeed by deed of trust or a first mortgage Generally, this type of agreement is prepared by the Buyer and presented as a formal offer. However, the seller may initiate the preparation of the contract as title matters and more. This agreement is for transactions that do not involve a broker and where the Buyer is either paying cash or the Seller is financing the purchase with a promissory note, securse (which is being sold) is owned by someone else). The agreement provides for the traditional terms between a seller and buyer, including financing contingencies, surveys, pest and other inspections,is contract does not address water rights (which may be important for oceanfront or lakefront property) or easements and rights of \"ingress and egress\" (i.e. when the property used to access the housed by a Buyer and a Seller of a free-standing residential home. Another type of form is required for the sale of condominiums, cooperative apartments, farmland and other special kinds of property. Thte property is sold, a written agreement should be used to document the transaction and to set forth the terms between the Seller and the Buyer. The Residential Real Estate Sale Contract form can be uhese forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com\n\n2\n\nInformation\nResidential Real Estate Sale Contract Cash Sale or Seller Financing\n\nWhenever any real estall legal and tax consequences of this agreement are fully explained and understood. An attorney should also be consulted whenever a document is negotiated with another party. The purchase and use of t used or signed without consulting an attorney first to make sure it fits your particular situation. The Buyer and the Seller should consult with an attorney and a tax professional to make sure that aract. These forms are not intended and are not a substitute for legal advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not beo determine what additional disclosures, if any, are required in your state or\n\n1\n\nlocality. If not required by law, a Buyer may still request the disclosures and try to make them part of the contes and any other known problems. Some cities and other municipalities may also have specific disclosure requirements that need to be included. Check with a real estate agent or attorney in your area tn similar agreements. The law in some states requires a seller to make additional written disclosures, including disclosures about the condition of the house, the neighborhood, environmental disclosurpy of the \"Disclosure Of Information On Lead-Based Paint and/or Lead-Based Paint Hazards\" form is included in this package. These forms contain the basic terms and language that should be included iequires Seller to keep the signed copy of the \"Disclosure Of Information On Lead-Based Paint and/or Lead-Based Paint Hazards\" for a minimum of three years as proof of compliance with the rules. A coerty (i.e. pre-1978 property), federal law requires that Sellers and Buyers (and their Agents) sign the \"Disclosure Of Information On Lead-Based Paint and/or Lead-Based Paint Hazards\". Federal law reement must be aware of the various deadlines contained in the agreement, relating to various acts (i.e. obtaining financing, inspections, title matters etc.) If the property is built before 1978 prop to purchase the property. Each party should sign two copies of the final draft of the agreement. Each party should receive one copy with the original signatures of all parties. The parties to the agr person making the offer to designate a time and date by which the contract must be signed and returned before it expires. Once the agreement is signed by both parties, it creates a binding obligationSeller is financing the purchase with a promissory note, secured by deed of trust or a first mortgage When signed by one party, this signed contract constitutes a formal offer. The contract allows thet); (4) Disclosure Of Information On Lead-Based Paint and/or Lead-Based Paint Hazards. This agreement is for transactions that do not involve a broker and where the Buyer is either paying cash or the h sale or seller financing); (2) Information about Residential Real Estate Sale Contract (with cash sale or seller financing); (3) Residential Real Estate Sale Contract (including Earnest Money ReceipInstructions & Checklist Residential Real Estate Sale Contract Cash Sale or Seller Financing\n\nThis package contains (1) Instructions and Checklist for Residential Real Estate Sale Contract (with cas