Missouri Real Estate Contract Form – Fill Out and Use This PDF

CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE

(NO BROKER)

	For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
			,“Seller” whether one or more, and
			,“Buyer” whether one or more,
	do hereby covenant, contract and agree as follows:
1.	AGREEMENT TO SALE AND PURCHASE:	Seller agrees to sell, and Buyer agrees to buy from Seller the

property described as follows: (complete adequately to identify property) County, Missouri.

Address:

Legal Description (or see attached exhibit):

As described in attached Exhibit.

Together with the following items, if any: (Strike items to be retained by Seller) curtains and rods, draperies and rods, valances, blinds, window shades, screens, shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system with controls and equipment, permanently installed heating and air-conditioning units, window air-conditioning units, built-in security and fire detection equipment, plumbing and lighting fixtures including chandeliers, water softener, stove, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment, built-in fireplace screens, artificial fireplace logs and all other property owned by Seller and attached to the above described real property except the following property which is not included (list items not included):

All property sold by this contract is called the "Property."

2.SALES PRICE: The parties agree to the following sales price:

	Amount	Amount
Purchase Price	$
Earnest Money		$
New Loan		$
Assumption of Loan		$
Seller Financing		$
Cash at Closing		$
Total ( both columns should be equal)	$	$
Both columns should be an equal amount.

If the unpaid principal balance(s) of any assumed loan(s), if any, as of the Closing Date varies from the loan balance(s) stated above, the cash payable at closing will be adjusted by the amount of any variance.

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favor of Seller or if an existing loan is not to be released at closing, this contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at Seller's sole and

absolute discretion. In such case: (l) Buyer shall supply to Seller on or before

,

,at, Buyer's expense, information and documents concerning Buyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does

	not provide written notice of Seller's disapproval to Buyer on or before				,		,
	then Seller waives this condition.
4.	EARNEST MONEY: Buyer shall deposit $		as earnest money with					upon execution of this
	contract by both parties.

5.PROPERTY CONDITION:

SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by

Federal law for a residential dwelling constructed prior to 1978. An addendum providing such disclosure		is
attached	is not applicable.

Buyer hereby represents that he has personally inspected and examined the above-mentioned premises and all improvements thereon. Buyer hereby acknowledges that unless otherwise set forth in writing elsewhere in this contract neither Seller nor Seller's representatives, if any, have made any representations concerning the present or past structural condition of the improvements. Buyer and Seller agree to the following concerning the condition of the property:

Buyer accepts the property in its "as-is" and present condition.

Buyer may have the property inspected by persons of Buyer's choosing and at Buyer's expense. If the inspection report reveals defects in the property, Buyer shall notify Seller within 5 days of receipt of the report and may cancel this contract and receive a refund of earnest money, or close this agreement notwithstanding the defects, or Buyer and Seller may renegotiate this contract, in the

discretion of Seller. All inspections and notices to Seller shall be complete within days after execution of this agreement.

Buyer accepts the Property in its present condition; provided Seller, at Seller’s expense, shall complete the following repairs and treatment:

Buyer agrees that he will not hold Seller or its representatives responsible or liable for any present or future structural problems or damage to the foundation or slab of said property. If the subject residential dwelling was constructed prior to 1978, Buyer may conduct a risk assessment or inspection for the presence of lead-based

paint and/or lead-based paint hazards, to be completed within days after execution of this agreement. In the alternative, Buyer may waive the opportunity to conduct an assessment/inspection by indicating said waiver on the attached Lead-Based Paint Disclosure form.

MECHANICAL EQUIPMENT AND BUILT IN APPLIANCES: All such equipment is sold "as-is" without warranty, or shall be in good working order on the date of closing. Any repairs needed to mechanical equipment or appliances, if any, shall be the responsibility of Seller Buyer.

UTILITIES: Water is provided to the property by							, Sewer is provided
by			. Gas is provided by				.
Electricity is provided by			.

Other:

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	The present condition of all utilities is accepted by Buyer.
6.	CLOSING: The closing of the sale will be on or before		, 20		, unless extended pursuant
	to the terms hereof.

Closing may be extended to within 7 days after objections to matters disclosed in the title abstract, certificate or Commitment or by the survey have been cured.

If financing or assumption approval has been obtained, the Closing Date will be extended up to 15 days if necessary to comply with lender's closing requirements (for example, appraisal, survey, insurance policies, lender-required repairs, closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party will be entitled to exercise the remedies contained herein. The closing date may also be extended by written agreement of the parties.

7.DEED AND TITLE INSURANCE: Seller is to convey title to Buyer by Warranty Deed or

(as appropriate). Within a reasonable time after the effective date of the Contract, but not less than 14 days prior to the Closing Date, Seller agrees to deliver to Buyer a title insurance commitment from a company authorized to insure titles in the State of Missouri. Unless there is a defect in the title to the Property that is not corrected prior to the Closing Date, Buyer may not object to the untimely delivery of the title commitment.

The title commitment shall commit to insure a marketable fee simple title in the Buyer upon the recording of the deed or other document of conveyance. However, title to the Property shall be subject to the conditions in the Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment.

Buyer shall have 10 days after receipt of the title commitment to notify Seller in writing of any valid objections to title to the Property. Seller shall then make a good faith effort to remedy the defects in the title. If Seller does not remedy the title defects before the Closing Date, Buyer may: elect to waive the objections, extend the Closing Date for a reasonable time in order for the Seller remedy the defects, or cancel this Contract. Provided that if the effective date of the Contract and the Closing Date are too close together to allow for the time periods specified above, then the title commitment shall be delivered to the Buyer as soon as possible but in no case later than the Closing Date.

Seller agrees to provide and pay for an owner’s title insurance policy in the amount of the purchase price insuring marketable fee simple title in the Buyer, subject to the permitted exceptions and with the exception of any liens, encumbrances, or other matters affecting title to the Property created by Buyer or arising by virtue of Buyer’s activities or ownership. The policy shall also insure Buyer as of the date of recording of the deed or other document 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 comply with the requirements of the title company for issuance of this coverage.

UNLESS OTHERWISE PROVIDED IN THIS CONTRACT, THE OWNER’S TITLE POLICY WILL INCLUDE MECHANIC’S LIEN COVERAGE.

8.APPRAISAL, SURVEY AND TERMITE INSPECTION: Any appraisal of the property shall be the responsibility

of

Buyer Seller. A survey is: not required required, the cost of which shall be paid by Seller Buyer. A termite inspection is not required required, the cost of which shall be paid by Seller Buyer. If a survey is required it shall be obtained within 5 days of closing.

9.POSSESSION AND TITLE: Seller shall deliver possession of the Property to Buyer at closing. Title shall be

conveyed to Buyer, if more than one as			Joint tenants with rights of survivorship,	tenants in common,
Other:		Prior to closing the property shall remain in the possession of Seller and Seller shall deliver the

property to Buyer in substantially the same condition at closing, as on the date of this contract, reasonable wear and tear excepted.

10.CLOSING COSTS AND EXPENSES: The following closing costs shall be paid as provided. (Leave blank if the closing cost does not apply.)

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Closing Costs

Buyer

Seller

Both*

Attorney Fees

Title Insurance

Title Abstract or Certificate

Property Insurance

Recording Fees

Appraisal

Survey

Termite Inspection

Origination fees

Discount Points

If contingent on rezoning, cost and expenses of rezoning

Other:

All other closing costs

* 50/50 between buyer and seller.

11.PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents, if any, will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If a loan is assumed and the lender maintains an escrow account, the escrow account must be transferred to Buyer without any deficiency. Buyer shall reimburse Seller for the amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year.

12.CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss after the effective date of the contract, Seller shall restore the Property to its previous condition as soon as reasonably possible. If Seller fails to do so due to factors beyond Seller’s control, Buyer may either (a) terminate this contract and the earnest money will be refunded to Buyer, (b) extend the time for performance and the Closing Date will be extended as necessary, or (c) accept the Property in its damaged condition and accept an assignment of insurance proceeds.

13.EARNEST MONEY AND ADDITIONAL DEPOSITS: Upon acceptance of this Contract, unless otherwise agreed, any earnest money references in Paragraph 4 shall be deposited within 10 banking days of the effective date of the

Contract, in an insured escrow account maintained by the Escrow Agent or			. Any additional
deposits shall be deposited within 10 banking days of receipt by Escrow Agent or				. If this

Contract is terminated by the express conditions of the Contract, the earnest money shall be returned to the Buyer and neither party shall have any other rights or obligations under this Contract, except as otherwise stated in this

Contract. The parties understand that the Escrow Agent (or) cannot distribute said earnest

money in the even of termination until receiving a written agreement to do so, signed by the parties. If no such agreement can be reached, the money must be handed over to the relevant court clerk for disposition as the court may direct. Buyer and Seller agree that, in the absence of a dispute or written consent to distribution, the failure by

either party to respond in writing to a certified letter from Escrow Agent orwithin 15 days of

receipt thereof or failure to make written demand for return or forfeiture of the earnest money within 60 days of notice of cancellation/termination of this Contract shall constitute consent to the distribution of the earnest money as suggested in such certified letter.

14.DEFAULTS AND REMEDIES: Seller or Buyer shall be in default under this contract if either fails to comply with any material covenant, agreement or obligation within any time limits required by this Contract. Following a default by either Seller or Buyer under this Contract, the other party shall have the following remedies, subject to the other

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shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. When herein used, the singular includes the plural and the masculine includes the feminine as the context may require.

21.NO BROKER OR AGENTS: The parties represent that neither party has employed the services of a real estate broker or agent in connection with the property, or that if such agents have been employed, that the party employing said agent shall pay any and all expenses outside the closing of this agreement.

22.EMINENT DOMAIN: If the property is condemned by eminent domain after the effective date hereof, the Seller and Buyer shall agree to continue the closing, or a portion thereof, or cancel this Contract. If the parties cannot agree,

this contract shall

remain valid with Buyer being entitled to any condemnation proceeds at or after closing, or

be cancelled and the earnest money returned to Buyer.

23.OTHER PROVISIONS

24.TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.

25.GOVERNING LAW: This contract shall be governed by the laws of the State of Missouri.

26.DEADLINE LIST (Optional) (complete all that apply). Based on other provisions of Contract.

Deadline

Date

Loan Application Deadline, if contingent on loan

Loan Commitment Deadline

Buyer(s) Credit Information to Seller

Disapproval of Buyers Credit Deadline

Survey Deadline

Title Objection Deadline

Survey Deadline

Appraisal Deadline

Property Inspection Deadline

Whether or not listed above, deadlines contained in this Contract may be extended informally by a writing signed by the person granting the extension except for the closing date which must be extended by a writing signed by both Seller and Buyer.

EXECUTED the			day of			, 20		(THE EFFECTIVE DATE).
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Buyer	Seller
Buyer	Seller

Buyer Initials ______ _______	- 8 -	Seller Initials _______ _______

EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION

RECEIPT

Receipt of Earnest Money is acknowledged.

Signature:

Date:

, 20

By:

Telephone (

)

Address

Facsimile (

)

City

State

Zip Code

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