Free Real Estate Forms

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Agreement to=20 Purchase

This is a legally binding contract. If you do not understand = this=20 contract, please seek legal council.

THIS AGREEMENT entered into on the _____ day of _________, = 20____ by=20 and between,
______________________________ or his/her/their=20 assignee(s), hereinafter referred to as "Buyer", and=20 __________________________________, Hereinafter referred to as = "Seller".=20

PROPERTY PURCHASED: In consideration of the mutual = promises=20 herein contained, the Seller agrees to sell, and the Buyer = agrees to=20 buy, in accordance with the terms and conditions of this = Agreement, the=20 following described Real Property, Situated in the City of=20 _______________________, the County of ______________ and the = State of=20 ____________, and described as=20 = follows:
_____________________________________________________________= ______________________.
Together=20 with all the improvements thereon, all privileges, = appurtenances,=20 easements, and all fixtures presently situated in said building, = including, but not by way of limitation: all heating and air=20 conditioning equipment including window units; all electrical, = plumbing=20 and bathroom fixtures; water softeners; shades; venetian blinds; = awnings; curtains, draperies, & traverse rods; storm windows = &=20 doors; window & door screens; affixed mirrors; wall to wall, = stair,=20 and similar attached floor covering and carpets; television = aerials, and=20 rotor operating boxes; garage door openers and similar operating = devices; ranges, ovens, refrigerators, dishwashers, garbage = disposal,=20 trash compactors, humidifiers; washing machines; dryer; all = affixed or=20 built-in furniture and fixtures; all landscaping, trees and = shrubs; all=20 utility/storage buildings or sheds; all building and yard = maintenance=20 equipment and tools; all furniture and equipment used by or = rented to=20 the tenants;=20 = except:
______________________________________________________________= _____________________
________________________________________________= ___________________________________
In=20 addition to the above the following shall be included in the=20 = sale:
________________________________________________________________= ___________________
__________________________________________________= _________________________________

PRICE AND TERMS: Buyer hereby agrees to pay for said = property=20 the sum _________________________ Dollars ($_____________) = payable as=20 follows:=20

A personal note in the amount of _____________________ = Dollars=20 ($_____________) is attached hereto as "Earnest Money" to = apply toward=20 the purchase price. In the event the offer is not accepted or = if=20 Seller defaults in the performance of this contract or if = Buyer=20 terminates this contract as hereafter provided, the Earnest = Money=20 shall be promptly returned to Buyer.=20
The Buyer agrees to pay _________________________ Dollars=20 ($_____________) as the down payment on the property. From = this down=20 payment shall be subtracted the Earnest Money previously paid, = and the=20 amount required for repairs agreed to be done by Seller.=20
In addition, the Buyer shall deposit monthly with an = escrow agent=20 designated by the Buyer the amount necessary to make the = payments to=20 the following mortgage and lien holders and none others. = Included is=20 the mortgage to the Seller:

Holder Of Mortgage And Address

Amount Due	Monthly Payment	Years Remain	Balloon If Any	Interest Rate	Tax/Ins Account
A.
B.

EVIDENCE OF TITLE: in the form of a title search and = owner's=20 policy of title insurance, will be furnished by Seller, and = shall be=20 subject to the approval of the Buyer. A preliminary binder shall = be=20 provided to Buyer, for his review and approval, 48 hours prior = to=20 closing.=20
SELLER'S CERTIFICATION: Seller certifies to Buyer that, = to the=20 best of Seller's knowledge (a) there is no termite damage to the = REAL=20 ESTATE; (b) the fireplaces, chimneys, electrical, plumbing, = heating, air=20 conditioning equipment and systems, and other items included = herein will=20 be operational on Possession; (c) the REAL ESTATE is zoned = ___________;=20 (d) there are no pending orders or ordinances or resolutions = that have=20 been enacted authorizing work or improvements for which the REAL = ESTATE=20 may be assessed; and (e) no City, County or State orders have = been=20 served upon him requiring work to be done or improvements to be = made=20 which have not been performed.
INSPECTION: Seller agrees to give Buyer, and/or his = agent,=20 access to property prior to closing to inspect the entire = premises.=20 Inspection shall include every room, the roof, plumbing, wiring, = structure, foundation and all mechanical components. Should any=20 deficiencies be found, the Seller shall have the option of = either=20 repairing the deficiency, deducting the cost of the repair from = the down=20 payment, or notifying the Buyer that the Seller cannot meet the = terms of=20 this contract and refunding the Earnest Money deposited by the = Buyer.=20 Before closing the Seller shall furnish and pay for: (a) an = inspection=20 by a licensed exterminator stating premises to be free of = infestation or=20 damage by wood destroying insects (infestation and resulting = structural=20 damage shall be treated and repaired at Seller's expense) =
CONVEYANCE AND CLOSING: Within _____________ days from=20 acceptance, or upon repair of any deficiency in building = condition by=20 Seller, as provided above, or within 5 days of receipt of = assumption=20 materials from seller's lending institution by closing agent, = whichever=20 is later, both parties shall deposit with the authorized escrow = holder,=20 selected by the Buyer, all funds and instruments necessary to = complete=20 the sale in accordance with the terms hereof. Seller shall be=20 responsible for transfer taxes, deed(s) preparation; and shall = convey=20 marketable title to the REAL ESTATE by deed of general warranty = in fee=20 simple absolute, with release of dower, on or before = __________________,=20 or at such sooner time as mutually agreeable to the parties = hereto,=20 free, clear and unencumbered as of Closing, except restrictions = and=20 easements of record which do not adversely affect the use of the = REAL=20 ESTATE, except _______________ and except the following = assessments=20 (certified or otherwise)
Seller shall have the right to = remove any=20 and all encumbrances or liens at the Closing out of the Purchase = Price.=20 Possession shall be given subject to tenants' rights on or = before=20 _____________________ 20____.
PRORATIONS: There shall be prorated between Seller and = Buyer as=20 of Closing all (a) real estate taxes and installments of = assessments as=20 shown on the latest available tax duplicate; (b) interest on=20 encumbrances assumed by Buyer and (c) rents and operating = expenses; with=20 Buyer assuming liability for such items following Closing. = Security=20 and/or damage deposits, advance rentals or considerations = involving=20 future lease credits held by Seller shall be transferred to = Buyer at=20 Closing without proration.
CONDITION OF IMPROVEMENTS: Seller agrees that on = Possession, the=20 REAL ESTATE shall be in the same condition as it is on the date = of this=20 Purchase Offer, except for ordinary wear and tear. In case the = REAL=20 ESTATE herein referred to is destroyed wholly or partially by = fire or=20 other casualty, Buyer shall have the option for 10 days = thereafter of=20 proceeding with the terms of this contract, with an agreed = adjustment in=20 the sale price, or of terminating this agreement and being = repaid all=20 amounts paid hereunder.
DEFAULT: It is expressly agreed that upon the event of = any=20 default or failure on the part of the Buyer, to comply with the = terms=20 and conditions of this contract, that Seller agrees to accept = the=20 EARNEST MONEY deposit with payment of the personal note as full=20 liquidated damages. Upon default by the Seller to perform under = this=20 agreement, all deposits and notes shall be returned to Buyer on = demand,=20 and Buyer shall not thereby waive any right or remedy he may = have=20 because of such refusal. Further, Buyer shall be reimbursed by = the=20 Seller for his reasonable expense of building inspection, credit = report,=20 and appraisal fees.
SOLE CONTRACT: The parties agree that this Agreement to = Purchase=20 constitutes their entire agreement and that no oral or implied = agreement=20 exists. Any amendments to this Contract shall be made in = writing, signed=20 by all parties and copies shall be attached to all copies of the = original Purchase Contract. The terms and conditions of this = Contract=20 are to apply to and bind and inure to the benefit of the heirs,=20 executors, administrators, successors, and assigns of the = respective=20 parties. All provisions of this contract shall survive the = closing. All=20 parties are advised to seek competent advice, unless they fully=20 understand all terms of the contract. Should there be any term = or=20 condition in this contract that is not in accord with the = applicable=20 legal statutes, either party may void that portion of the = contract by=20 having his lawyer furnish a written opinion stating the reason, = and=20 citing the proper law or court case.
LEAD WARNING STATEMENT: Every Buyer of any interest in=20 residential real property on which a residential dwelling unit = was built=20 prior to 1978 is notified that such property may present = exposure to=20 lead from lead-based paint that may place young children at risk = of=20 developing lead poisoning. If the dwelling unit was built prior = to 1978,=20 Buyer has the right to inspect for lead, at Buyer's cost, for a = minimum=20 of ten (10) days following Contract acceptance.
EXPIRATION: This offer shall expire unless a copy hereof = with=20 Seller's written acceptance is delivered to Buyer or his Agent = on or=20 before ________________________ (AM/PM/NOON/MIDNIGHT) on=20 _____________________________ 20____.
APPROVAL: The undersigned Buyer(s) has read, fully = understands=20 and approves the foregoing offer and acknowledges possession of = a signed=20 copy.

______________________________________________ Witness=	______________________________________________ Buyer
= ______________________________________________ Witness	______________________________________________ Buyer
Date: __________________ Time:__________	______________________________________________ Buyer's=20 Address:

ACCEPTANCE
The undersigned Seller(s) has = read,=20 fully understands and verifies the above information as being = correct and=20 accepts the foregoing offer; agreeing to sell the herein described = property on the terms and conditions herein specified and = acknowledges=20 receipt of a signed copy.

______________________________________________ Witness=	______________________________________________ Seller
= ______________________________________________ Witness	______________________________________________ Seller
Date: __________________ Time:__________	______________________________________________ Seller's = Address

http://www.totalrealestatesolutions.com=20

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