Tallahassee Board of REALTORS®, Inc.
CONTRACT FOR SALE AND PURCHASE
1PARTIES:__________________________________________________________________________________hereinafter called SELLER and
2________________________________________________________________________________ or assignees, hereinafter called BUYER,
3hereby agree that the SELLER shall sell and the BUYER shall buy the following property upon the terms and conditions hereinafter set forth.
41. LEGAL DESCRIPTION of real estate: Lot _______ Block ________ Subdivision _____________________________________________
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Unit_________ located in _______________________________County, Florida. |
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Metes and Bounds legal description attached. |
62. PROPERTY ADDRESS (Include ZIP Code):__________________________________________________________________________
73. CLOSING AND POSSESSION: This contract shall be closed and the deed delivered on or before_____________________________ ,
8unless extended by other provisions of this contract. POSSESSION OF THE PROPERTY SHALL BE DELIVERED TO BUYER AT
9CLOSING. If occupancy is to be delivered prior to closing, BUYER shall:
10A. Be deemed to have accepted property in its existing condition as of occupancy unless addressed by other provisions of this contract
11B. Assume risk of loss for personal possessions
12C. Hold SELLER and Brokers harmless for any claims for injury to BUYER or any other person, and
13D. Be responsible for maintenance of property.
144. PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (adds no value for mortgage loan or appraisal purposes)
15All fixed equipment, fixtures, and the following non-fixed items on property on date of contract are included: ______________________
16______________________________________________________________________________________________________________
17______________________________________________________________________________________________________________
18______________________________________________________________________________________________________________
19______________________________________________________________________________________________________________
20______________________________________________________________________________________________________________
215. METHOD OF PAYMENT: Initial deposit in the amount of $______________________________ to be held in trust, along with any
22additional deposits, by: _____________________________________________________________________________________________
23 |
A. |
Amount of initial deposit applicable to down payment |
$_____________________ |
24 |
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An additional deposit in the amount of |
$_____________________ |
25shall be due on or before the following date: _____________________________. If said sum is not
26timely received BUYER shall be in default. At time of closing deposit in excess of down payment
27will be applied to other costs of BUYER, or refunded if in excess of required down payment and costs.
28 |
C. |
New third party financing (see Clause #8) |
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Conventional |
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FHA |
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...............................................VA |
$_____________________ |
29 |
D. |
Assumption of mortgage (see Clause #8C) having an approximate principal balance of |
$_____________________ |
30 |
E. |
Purchase money note and mortgage from BUYER to SELLER (see Clause #8D) |
$_____________________ |
31 |
F. |
Other: |
$_____________________ |
32 |
G. |
Approximate balance of down payment to close (not including BUYER’s closing expenses) |
$_____________________ |
33MONIES DUE AT CLOSING SHALL BE TENDERED IN CERTIFIED FUNDS
34 |
TOTAL PURCHASE PRICE |
$ ________________________ |
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Initials: ______________ |
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356. EXPENSES: If SELLER has agreed to pay any of BUYER’s costs, BUYER agrees to pay advance costs and be reimbursed by SELLER
36at time of closing.
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BUYER SHALL PAY FOR THE FOLLOWING: |
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Owner’s Title Insurance (primary issue) plus Fees |
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Any loan costs required by Lender |
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Mortgagee’s Title Insurance (simultaneous issue) plus Endorsements |
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Any loan costs in excess of SELLER’s contribution |
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One half of all Title Insurance Costs |
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Prepaid Interest, Taxes, Hazard Insurance & |
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Loan Origination Fee |
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Homeowner Dues |
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Loan Discount Points |
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Prepaid Mortgage Insurance |
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Intangible Tax on Mortgage(s) |
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BUYER’s Attorney’s Fees (if any) |
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Documentary Stamps on Note(s) |
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Home Warranty not to exceed $_______________. |
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Wood Destroying Organisms Inspection(s) |
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Recording Fees |
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Credit Report |
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not to exceed $_____________ |
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Appraisal Fee(s) |
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___________________________________________ |
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Survey |
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Flood Certification Letter |
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SELLER SHALL PAY FOR THE FOLLOWING: |
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Brokerage Fee |
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FHA/VA costs required of SELLER |
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Allowable costs on behalf of BUYER not to exceed |
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Documentary Stamps on Deed |
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Mortgage Satisfaction & Recording Fees |
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$__________________ to be applied in the following |
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Any Applicable Prepayment Penalty |
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order (to items checked) until funds expended: |
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SELLER’s Attorney’s Fees (if any) |
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FHA/VA Costs required of SELLER |
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56 |
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Wood Destroying Organisms Inspection(s) not to exceed |
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Prepaids |
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Discount Points |
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$___________________ |
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Any other costs including those Buyer has agreed |
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Wood Destroying Organisms Treatment/Repairs not to |
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exceed |
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$________________ |
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see Clause #11 |
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to pay for in Clause #6 above |
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Repairs & Replacements required by LENDER (not |
60 |
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Owner’s Title Insurance (primary issue) plus Fees |
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Mortgagee’s Title Insurance (simultaneous issue) |
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including WDO treatment/repairs) not to exceed |
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plus Endorsements |
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$___________________ |
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One half of all Title Insurance Costs |
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___________________________________________ |
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Survey |
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___________________________________________ |
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Home Warranty not to exceed |
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$__________________. |
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THE FOLLOWING TO BE ORDERED BY: BUYER |
SELLER |
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Title Insurance |
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68 |
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Survey |
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69 |
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WDO Inspection(s) |
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Home Warranty |
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717. PRORATIONS: All taxes for the current year, rents, interest and other income and expenses of property and homeowner’s association
72dues shall be prorated as of date of closing. As to prorations, the day of closing shall belong to BUYER. If information as to current
73year’s taxes is not available at the time of closing, taxes shall be prorated on the basis of the prior year’s gross taxes with regard to
74applicable exemptions, provided the proration shall be adjusted at the request of either party when the tax bill for the year of closing
75becomes available. All prorations shall be adjusted to the cash due at closing.
768. FINANCING:
77A. ̌ BUYER warrants to SELLER that BUYER has made loan application within the preceding 60 days and BUYER has a current
78mortgage loan approved for the amount stipulated in Clause #5C. This contract is not contingent upon financing, with the
79exception that any provision checked in Clause #9 pertaining to appraisal shall still be applicable. BUYER shall pay for and order
80appraisal within 10 days of contract.
81B. ̌ NEW THIRD PARTY FINANCING: BUYER shall have 10 days from date of contract to secure to BUYER’S satisfaction new
82third party financing as stipulated in clause #5C (plus any applicable FHA MIP or VA funding fees). Once the 10 day period passes,
83if BUYER has not notified SELLER of BUYER’S desire to void contract due to financing reasons, contract will no longer be
84contingent on financing, with the exception that any provision checked in Clause #9 pertaining to appraisal shall still be
85applicable. At any time within the 10 days BUYER may void contract and receive a full refund of deposit upon written notice to
86SELLER that BUYER can not obtain financing satisfactory to BUYER. If BUYER has not already made loan application prior to
87contract, BUYER will make complete loan application no later than 10 days from date of contract. FAILURE TO MAKE
88COMPLETE LOAN APPLICATION, WHICH INCLUDES PAYING FOR AND ORDERING OF APPRAISAL AND CREDIT
89REPORT, WITHIN TEN (10) DAYS SHALL CONSTITUTE DEFAULT BY BUYER.
90The following option applies:
91̌ BUYER has made loan application prior to contract and shall pay for and order appraisal within 10 days of date of contract.
92̌ BUYER has not yet made loan application but will do so per the terms stated above.
2 of 7 |
Initials: ______________ |
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938. FINANCING: (Continued)
94C. ̌ ASSUMPTION OF MORTGAGE: ̌ with qualifying ̌ without qualifying... ̌ adjustable interest rate ̌ fixed interest rate,
95in favor of ___________________________ bearing interest at __________% per annum payable $____________ ̌PI or ̌ PITI
96per month. This contract ̌ is ̌ is not contingent upon release of liability of SELLER from all mortgages assumed. SELLER shall
97furnish a status letter from each mortgagee setting forth the principal balance, escrow balance, method of payment, and the
98standing of each mortgage within 5 days from date of contract. BUYER shall make application for assumption, if required by
99SELLER or lender, within 10 days from the date of this contract. On assumption, BUYER will pay any mortgage charge for change
100of ownership and purchase escrow account. If BUYER is denied credit commitment, BUYER must notify SELLER within 2 days
101of intent to void contract, provide lender documentation of credit commitment denial, and request a refund of deposit, unless
102provision to obtain credit commitment is extended in writing by BUYER and SELLER.
103THE SELLER ISADVISED TO SEEK LEGAL COUNSEL CONCERNING SELLER’S LEGAL LIABILITY UPON ASSUMPTION.
104D. ̌ SELLER FINANCING: Purchase money note and mortgage from BUYER to SELLER bearing interest at _____________% per
105annum for a term of ____________ years, payable $ _________________ PI, per ________________.
106̌ This is a balloon mortgage with final payment of remaining principal balance to be due with _______ payment. Purchase
107money mortgage and note to SELLER shall provide for the following: A) Insurance against loss by fire, with extended coverage,
108in an amount not less than the total amount of all mortgages or 80% of replacement value, whichever is greater. Mortgagee shall
109be named as loss payee; B) Acceleration, at the option of the holder, after 30 days default if a first mortgage and after 15 days
110default if a second mortgage; C) If a payment is received more than 15 days late, a late charge of 5% of the payment is applicable;
111D) The maintenance in good standing of all prior liens; E) The right of a mortgagor to prepay all or part of the principal at any time
112with interest to date of payment without penalty; F) Prior written consent of mortgagee to any additional advances from superior
113mortgage holders; G) All sums outstanding under the mortgage shall be due in full on resale of the property.
1149. APPRAISAL: BUYER IS ADVISED TO HAVE AN APPRAISAL ON ALL TRANSACTIONS.
115̌ FHA: It is expressly agreed that notwithstanding any other provisions of this contract, the BUYER shall not be obligated to
116complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise
117unless the BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing
118Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the property not less than
119$_______________________. The BUYER shall have the privilege and option of proceeding with consummation of the contract
120without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage
121the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the property. The
122BUYER should satisfy himself/herself that the price and condition of the property are acceptable.
123̌VA: It is expressly agreed that, notwithstanding any other provisions of this contract, the BUYER shall not incur any penalty by
124forfeiture of earnest money or otherwise be obligated to complete the purchase of the property described herein, if the contract to
125purchase price or costs exceeds the reasonable value of the property established by the Veterans Administration. The BUYER shall,
126however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of
127reasonable value established by the VA.
128̌CASH, SELLER FINANCING, OTHER NEW THIRD PARTY FINANCING:
129A. If cash or SELLER financing, BUYER shall select and order an appraisal by a State Licensed or State Certified Appraiser to be
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ordered within 10 days from date of contract or by date of closing, whichever occurs first. If new third party financing, BUYER |
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shall provide for appraisal as per Clause #8. |
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132B. If appraisal sets forth the appraised value of less than purchase price, BUYER shall:
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Have the option of proceeding with consummation of the contract without regard to the amount of the appraised valuation; or |
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Void contract if BUYER and SELLER cannot come to a mutually agreeable sales price by providing SELLER with written |
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notice of cancellation along with proof of under valuation within 3 days from receipt of appraisal at which time BUYER |
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shall receive a refund of all deposits. |
137C. BUYER shall be deemed to have waived BUYER’s right under this clause if BUYER fails to have an appraisal, or provide
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SELLER written notice of cancellation of contract due to appraised valuation being less than purchase price and provide proof |
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of under valuation within time requirement. |
14010. SURVEY: BUYER IS ADVISED TO HAVE A SURVEY ON ALL TRANSACTIONS. If survey shows an encroachment or
141excroachment, it shall be treated as a title defect.
3 of 7 |
Initials: ______________ |
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14211. WOOD DESTROYING ORGANISMS INSPECTION: A Wood Destroying Organism Inspection Report certified to BUYER and SELLER,
143will be performed within 30 days prior to closing by a state licensed pest control firm showing all buildings on the premises to be visibly free
144of infestation and/or damage by termites, any wood destroying insects and/or wood destroying organisms (sometimes referred to, but not
145limited to, wood rot).
146A. If report shows infestation and/or damage, SELLER shall treat the infestation and/or repair the damage up to the amount provided
147in Clause #6, or if none stipulated, up to 2% of purchase price; or
148B. If the amount required for treatment and/or repairs is in excess of amount provided in Clause #6, and SELLER agrees to remedy
149and/or repair, BUYER agrees to complete purchase. However, if the amount required for treatment and/or repairs is in excess of 3%
150of purchase price, and even if SELLER is willing to make necessary treatment and/or repairs, BUYER may terminate contract with
151written notice to SELLER within 5 days of receipt of WDO report and repair estimate if damage exists, and receive a refund of
152deposit; or
153C. If the amount required for treatment and/or repairs is in excess of the amount provided and SELLER will not remedy and/or repair,
154BUYER shall have the right to accept the property without regard to infestation and/or damage with SELLER paying toward
155treatment and/or repairs up to amount provided in Clause #6; or BUYER may terminate this contract and receive a refund of deposit.
15612. CONDITION OF PROPERTY; INSPECTIONS: BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY
157REPRESENTATIONS MADE BY BROKER(S) AS TO THE CONDITION OF THE PROPERTY. SELLER acknowledges that any known
158facts concerning the condition of the property have been disclosed to the BUYER and Brokers. SELLER agrees to provide immediate access
159and all utilities for BUYER’S inspections. If BUYER fails to make inspections, or deliver timely written notice within 10 days from
160date of contract, BUYER shall be deemed to have waived all rights to do so and agrees to accept the property in its current condition,
161except that SELLER is required to maintain property in the same condition as at time of contract and if ‘A’ below is checked, warrant
162that heating, cooling, electrical, plumbing, appliances, well, septic tank and systems, sprinkler systems, owned or leased security
163system, pool and spa will be in proper working condition on the day of closing or possession, whichever occurs first, unless otherwise
164agreed upon by other provisions of this contract or addenda. At time of closing, SELLER agrees to provide copies of invoices of all
165repairs made to property by third party persons within 90 days preceding closing date. BUYER and SELLER agree to the following if checked:
166A. ̌ Within 10 days from the date of contract, or 10 days prior to closing of houses under construction, BUYER a) Is responsible
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for having the property inspected by a state or county licensed person(s) dealing in repair, construction, or inspection, to |
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determine if there are defects; b) Shall have the right to have a radon test performed by a licensed tester. Acceptable results |
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of such test will be deemed to be less than 4.0 pica-curies per liter as suggested by the Environmental Protection Agency; |
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c) Shall have the right to determine if there are any hazardous materials in, on, or about the property. Hazardous materials |
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may include but shall not be limited to: lead based paint, asbestos materials, or buried oil, fuel or other storage tanks, and, |
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d) Shall have the right to obtain a Flood Certification Letter to verify property is not located in a Special Flood Hazard Area |
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requiring flood insurance. Cost of said inspections to be paid by BUYER. If inspection(s) reveal any defects unacceptable to |
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BUYER, BUYER shall provide SELLER written notice on the Tallahassee Board of REALTORS “Inspection Addendum” |
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form, hereinafter referred to as Inspection Addendum, within 10 days from date of contract, advising SELLER what action |
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BUYER desires to take per following options and include copy of report(s) from persons licensed in repair or inspection of |
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those items. SELLER is not required to repair cosmetic conditions or imperfections that do not affect the working condition |
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of the item, unless the cosmetic condition resulted from a defect in a warranted item. SELLER is not obligated to bring any |
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item into compliance with current building code regulations unless necessary to repair a warranted item. |
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1. WARRANTED ITEMS: SELLER agrees to have in proper working condition on the day of closing or possession, whichever |
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occurs first, the heating, cooling, electrical, plumbing, appliances, well, septic tank and systems, sprinkler systems, |
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owned or leased security system, pool, and spa. |
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2. NON-WARRANTED ITEMS: (All items other than those addressed in Clauses #11 and #12.A.1 above) |
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a. In the event there are defects in non-warranted items, BUYER shall have the option of one of the following: |
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1. Accept property in current condition and proceed to closing; or |
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2. Terminate contract by notifying SELLER in writing within 10 days from date of contract on Inspection Addendum |
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and receive a refund of deposit; or |
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3. Request repairs/remedies in writing on Inspection Addendum. |
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b. Upon receipt of Inspection Addendum, SELLER shall respond in writing with one of the following: |
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1. Agree to repair/remedy as per BUYER’s written request; or |
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2. Reject BUYER’s request to repair/remedy non-warranted items by responding in writing on Inspection Addendum; or |
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3. Respond to BUYER in writing on Inspection Addendum which repairs/remedies SELLER is willing to make on non- |
193 |
warranted items. |
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Should SELLER fail to make written response within |
5 days after receipt of BUYER’s request, SELLER shall be |
195 |
deemed to have agreed to make all repairs requested by BUYER. |
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c. BUYER shall have the option of one of the following if SELLER does not agree to repairs as requested: |
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1. Accept SELLER’s proposal; or |
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2. Notify SELLER of intent to terminate contract on Inspection Addendum and receive a refund of deposit; or |
199 |
3. Make a counter proposal on Inspection Addendum, which reverts parties to Clause #12.A.2.b until agreement, or |
200 |
contract can be terminated by either party, in writing, in which case BUYER will receive a refund of deposit. |
201 |
Should BUYER fail to make a written response within 5 days from SELLER’s written response, BUYER shall be |
202 |
deemed to have accepted proposal. |
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20312. CONDITION OF PROPERTY; INSPECTIONS (Continued)
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BUYER reserves the right to do a final walk through inspection prior to BUYER’s possession or closing, whichever occurs first, |
205 |
to verify SELLER has made repairs required and has met the maintenance requirement. If BUYER fails to do final walk |
206 |
through, or notify SELLER in writing of any items not maintained or repaired as required, BUYER agrees to accept property in |
207 |
current condition. If contract fails to close BUYER will repair all damages to the Property resulting from BUYER’s inspections, |
208 |
other than Wood Destroying Organism Inspection, and return the Property to its pre-inspection condition. |
209B. ̌ SELLER agrees to deliver the property in its present “as is” condition
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with the exception of Wood Destroying Organism letter as per Clause #11. |
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211 |
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BUYER may have Property inspected by a state or county licensed person(s) dealing in repair, construction, or inspection |
212 |
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to determine if there are any defects. If results are unacceptable to BUYER, BUYER must notify SELLER in writing |
213 |
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within 10 days from date of contract advising of termination of contract, include copy of report(s), and receive a refund |
214 |
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of deposit. |
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BUYER acknowledges that BUYER has inspected the property prior to signing this contract and waives the right to do |
215 |
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216 |
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any further inspections. |
217 |
BUYER reserves the right to do a final walk through inspection prior to BUYER’s possession or closing, whichever occurs first, |
218 |
to verify SELLER has made repairs required and has met the maintenance requirement. If contract fails to close, BUYER will |
219 |
repair all damages to the Property resulting from BUYER’S inspections, other than Wood Destroying Organism Inspection, and |
220 |
return the Property to its pre-inspection condition. |
22113. MAINTENANCE: SELLER shall maintain property, including items repaired/remedied, lawn, shrubbery, pool, and other improvements,
222if any, until BUYER’s possession or closing, whichever occurs first, in the same condition as at time of contract, ordinary wear and tear
223excepted unless otherwise agreed to by other provisions of this contract.
22414. RISK OF LOSS: The risk of loss or damage to the property is assumed by SELLER until closing. If property is damaged in excess of
2253% of purchase price, BUYER shall have the option to void this contract and receive a refund of deposit. If property is damaged less
226than 3% of purchase price, SELLER shall restore property within 15 days to original condition as of the date of the contract and
227proceed to closing. SELLER will notify BUYER, in writing, if property cannot be restored within 15 days. BUYER will then notify
228SELLER, in writing, of intent to terminate contract unless BUYER and SELLER agree to extend this provision in writing.
22915. EVIDENCE OF TITLE; DOCUMENTS; RESTRICTIONS; EASEMENTS: Per Clause #6, party ordering title insurance shall order
230from a Florida licensed title insurer, for delivery to the proposed title insured, a title binder to be followed by a title insurance policy
231upon recording of conveyance. Said policy(s) to insure the title to that real property, subject only to liens, encumbrances, exceptions
232or qualifications set forth in this contract and those which shall be discharged at or before closing. If a defect in title is discovered,
233SELLER shall have 15 days from receipt of notice of said defect within which to clear same at SELLER’s expense. If any such title
234defect cannot be cured within the 15 days, BUYER shall have the option of accepting the title as is or receiving a refund of deposit.
235BUYER IS ADVISED TO HAVE OWNER’S TITLE INSURANCE ON ALL TRANSACTIONS. Title to real property shall be
236conveyed by WARRANTY DEED unless otherwise agreed in writing. SELLER represents that SELLER has legal authority and
237capacity to convey title to the property with all improvements. SELLER shall furnish to BUYER a SELLER’s lien affidavit that there
238have been no improvements to subject property for 90 days preceding date of closing for which a lien could be filed. If subject property
239has been repaired within 90 days preceding closing date, the SELLER shall deliver SELLER’s lien affidavit indicating payment of all
240sums owed. If closing company charges for preparation of deed and/or lien affidavit, cost of preparation shall be paid for by party
241choosing closing company. Upon request, copies of all documents shall be furnished at least 24 hours prior to closing. BUYER agrees
242to take title to the property subject to any assumed mortgage(s), purchase money mortgage(s), taxes for the current and subsequent
243years, special assessments and those accruing hereafter, zoning and other governmental restrictions, plat restrictions and qualifications,
244public utility easements, and restrictive covenants of record.
24516. SPECIAL ASSESSMENT LIENS: Special assessment liens as of the date of closing are to be paid by SELLER. Pending assessment(s)
246as of date of closing shall be assumed by BUYER, provided, however, that where the improvement has been substantially completed
247as of date of the contract, such pending assessment(s) shall be considered a lien and SELLER shall be charged at closing an amount
248equal to the last estimate of the improvement assessment. Any pending assessment lien not disclosed to BUYER in writing prior to final
249execution of contract shall permit BUYER to void this contract and receive a refund of deposit, unless paid by SELLER in full prior to or
250at time of closing.
25117. ̌ LEASED PROPERTY: SELLER shall furnish to BUYER copies of all written leases, or estoppel letters from any persons without
252written occupancy agreements, within 5 days from date of contract. Estoppel letters shall specify the nature and duration of occupancy,
253and verify all rents and rental deposit monies. If leases or estoppel letters are not received, or are unacceptable, BUYER may terminate
254contract by notifying SELLER in writing within 10 days from date of contract and receive a refund of deposit. All rental deposit
255monies and advance rents shall be transferred to BUYER at closing.
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25618. HOMEOWNERS’ASSOCIATION/COMMUNITY DISCLOSURE: IF THE DISCLOSURE SUMMARY REQUIRED BY FLORIDA
257STATUTES HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT
258FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER’S AGENT WRITTEN
259NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY
260OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS
261NO EFFECT. BUYER’S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.
262̌ BUYER has been provided above referenced disclosure
263̌ See contingency in Buyer’s Disclosures attached.
26419. FAILURE OF PERFORMANCE: If BUYER fails to perform this contract within the time specified (including payment of all deposits)
265the deposit paid by BUYER may be retained by or for the account of SELLER as agreed upon liquidated damages, consideration for
266the execution of this contract and in full settlement of any claims; whereupon BUYER and SELLER shall be relieved of all obligations
267under contract; OR SELLER at SELLER’s option, may proceed to enforce SELLER’s rights by seeking specific performance. If, for
268any reason other than failure of SELLER to make SELLER’s title marketable after diligent effort, SELLER fails, neglects or refuses to
269perform this contract, the BUYER may seek specific performance or elect to receive the return of BUYER’s deposits without thereby
270waiving any action for damages resulting from SELLER’s breach.
27120. ATTORNEY FEES AND COSTS: In connection with any litigation, including appeals, arising out of this contract, the prevailing
272party shall be entitled to recover all costs incurred, including reasonable attorney fees.
27321. ADDENDUM attached, which upon execution by both parties are made an integral part of this Contract for Sale and Purchase:
274T Buyer’s Disclosures which BUYER acknowledges signing prior to contract execution.
275̌ Tallahassee Board of Realtor’s Special Clause Addendum
276̌ Insulation Rider (new residence only)
277̌ Lead Base Paint Disclosure (if built prior to 1978)
278̌ FHA Inspection Rider
279̌ Condominium Riders
280̌ #_______ Additional Riders described as follows:
281_______________________________________________________________
282_______________________________________________________________
28322. SPECIAL CLAUSES: ___________________________________________________________________________________________
284______________________________________________________________________________________________________________
285______________________________________________________________________________________________________________
286______________________________________________________________________________________________________________
287______________________________________________________________________________________________________________
288______________________________________________________________________________________________________________
289______________________________________________________________________________________________________________
290______________________________________________________________________________________________________________
291______________________________________________________________________________________________________________
292______________________________________________________________________________________________________________
293______________________________________________________________________________________________________________
294______________________________________________________________________________________________________________
295______________________________________________________________________________________________________________
296______________________________________________________________________________________________________________
297______________________________________________________________________________________________________________
298______________________________________________________________________________________________________________
299______________________________________________________________________________________________________________
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30023. TYPEWRITTEN; WRITTEN; OTHER AGREEMENTS; FACSIMILE:All parties of this contract, and Brokers and Sales Associates, by
301signatures below, do hereby certify that the terms stated in this agreement are true to the best of their knowledge and belief. Upon
302final execution by all parties, this contract constitutes the sole and entire agreement between the parties hereto and no other
303agreement exists except those in writing, signed, or initialed and dated by all parties. Typed or written provisions inserted in this
304contract, or amended by attached addenda, shall control all printed provisions in conflict, and the placement of “X” or “R” within a
305box shall make the provision applicable. If communication is transmitted by facsimile (FAX), execution shall be considered
306binding by parties for the purpose of this contract, any addendum, and any future addenda to this contract.
30724. THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT FULLY UNDERSTAND IT, SEEK THE ADVICE OF A REAL ESTATE
308ATTORNEY PRIOR TO SIGNING. THIS CONTRACT SHALL NOT BE RECORDED.
30925. TIME FOR ACCEPTANCE; DATE OF CONTRACT: If this agreement is not executed by SELLER and BUYER prior to
310(__________ M) on __________________________, the deposit shall be returned to BUYER and this offer shall be null and void.
311The date of this contract shall be the date when the last party dated and signed or dated and initialed acceptance of the final offer,
312either by fax or original.If final faxed copy and original contract have different dates, the earliest date shall be the date of the contract.
31326. TIME IS OF THE ESSENCE IN THIS AGREEMENT. ALL REFERENCES TO TIME FRAMES SHALL BE CALENDAR DAYS
314INCLUDING WEEKENDS AND HOLIDAYS.
315_____________________________________________________ ____________________________________________________
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SELLER |
316 |
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DATE |
DATE |
317 |
Social Security or Tax I.D. # __________________________________ |
Social Security or Tax I.D. #__________________________________ |
318 |
_____________________________________________________ |
____________________________________________________ |
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BUYER |
SELLER |
319 |
_____________________________________________________ |
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DATE |
DATE |
320 |
Social Security or Tax I.D. # __________________________________ |
Social Security or Tax I.D. #__________________________________ |
321By signature below Selling Sales Associate acknowledges receipt of initial deposit of $______________________ (if check, subject to
322clearance). It shall be held in trust pending disbursement according to terms hereof, together with all additional deposits held in trust by
323terms of this contract. Failure of clearance of deposits shall not excuse performance by BUYER. If disbursement instructions from
324BUYER and SELLER are in conflict, Broker is obligated to seek remedy as per F.S. 475.25 for funds held in Broker’s Trust Account.
325_________________________________________________ For:_____________________________________ _______________________________
SELLING SALES ASSOCIATE (PRINT NAME) |
COMPANY (PRINT) |
PHONE |
326_________________________________________________________________________________________ ______________________________
SELLING SALES ASSOCIATE SIGNATURE |
DATE |
327________________________________________________ For:____________________________________ ______________________________
LISTING SALES ASSOCIATE (PRINT NAME) |
COMPANY (PRINT) |
PHONE |
328_________________________________________________________________________________________ ______________________________
LISTING SALES ASSOCIATE SIGNATURE |
DATE |
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©1997, Tallahassee Board of REALTORS® , Inc . Rev. 06-04-5 [20]