Trec 30 10 Form – Fill Out and Use This PDF

1 . PARTI ES: The par t ies t o t his cont ract ar e

( Seller )

and

( Buyer) . Seller agrees t o

sell and convey t o Buyer and Buyer agrees t o buy from Seller t he Propert y defined below .

2 . PROPERTY AN D CON D OM I N I UM D OCU M EN TS:

A.

The Condom inium

Unit , im provem ent s and accessories

described below

ar e

collect ively

referred t o as t he “ Propert y” .

( 1) CONDOMI NI UM

UNI T:

Unit

,

in

Building

,

of

, a condom inium proj ect , locat ed at

( address/ zip code) ,

Cit y of

,Count y of

, Texas,

described

in t he Condom inium Declarat ion

and

Plat

and any am endm ent s t heret o of

record in

said

Count y; t oget her w it h such Unit 's undivided int erest

in t he Com m on

Elem ent s

designat ed by

t he Declarat ion,

including

t hose

areas

reserved

as

Lim it ed

Com m on Elem ent s appurt enant t o t he Unit

and

such

ot her

right s t o use t he Com m on

Elem ent s w hich have been specifically assigned t o t he Unit in any ot her m anner . Parking

areas assigned t o t he Unit are:

.

( 2) I MPROVEMENTS: All fixt ures

and

im provem ent s at t ached t o t he

above described

real

propert y including w it hout lim it at ion, t he follow ing pe r m a n e n t ly in st a lle d a n d

bu ilt - in

it e m s, if any: all equipm ent

and appliances, valances, screens, shut t ers, aw nings, w all-

t o- w all carpet ing, m irrors, ceiling

fans, at t ic

fans,

m ail

boxes, t elevision ant ennas

and

sat ellit e dish syst em and equipm ent , m ount s and bracket s for t elevisions and speakers,

heat ing and air condit ioning unit s, securit y

and

fire

det ect ion

equipm ent ,

w iring,

plum bing

and

light ing fixt ures, chandeliers, shrubbery, landscaping, out door cooking

equipm ent , and all ot her propert y ow ned by Seller and at t ached t o t he above described

Condom inium Unit .

( 3) ACCESSORI ES:

The follow ing described r elat ed accessories,

if

any:

w indow

air

condit ioning unit s, st ove, fireplace screens, curt ains and rods, blinds, w indow shades,

draperies

and

rods, door keys,

m ailbox

keys,

above

ground

pool,

sw im m ing

pool

equipm ent

and

m aint enance

accessor ies, ar t ificial

fir eplace

logs, and cont rols for:

( i)

sat ellit e dish syst em , ( ii) garage doors, ( iii) ent ry gat es, and ( iv) ot her im provem ent s and

accessories.

( 4) EXCLUSI ONS: The follow ing im provem ent s and accessories w ill be ret ained by Seller and

m ust be rem oved prior t o delivery of possession:

.

B.

The Declarat ion, Bylaw s and

any Rules of t he Associat ion

are called

" Docum ent s" . ( Check

one box only) :

( 1)

Buyer

has

received

a

copy

of t he

Docum ent s.

Buyer is

advised t o read

t he

Docum ent s before signing t he cont ract .

( 2)

Buyer has not received a copy of t he Docum ent s. Seller shall deliver t he Docum ent s

t o Buyer w it hin

days aft er t he effect ive dat e of t he cont ract . Buyer m ay cancel

t he cont ract before t he

sixt h day aft er Buyer receives t he Docum ent s by hand-

delivering or m ailing w rit t en not ice of cancellat ion t o Seller by cert ified Unit ed St at es

m ail,

ret urn receipt

request ed. I f Buyer

cancels

t he

cont ract pursuant t o

t his

paragraph,

t he cont ract

w ill t erm inat e

and

t he

earnest

m oney

w ill

be

refunded t o

Buyer .

( 3)

Buyer has received Seller's affidavit t hat Seller request ed inform at ion

C.

The Resale Cert ificat e from

t he con dom in iu m

owners associat ion ( t he Associat ion)

is called

t he " Cert ificat e" . The Cert ificat e m ust be in a form

prom ulgat ed by TREC or required by t he

part ies. The Cert ificat e m ust have been prepared no m ore t han 3 m ont hs before t he dat e it

is delivered t o Buyer and m ust

cont ain at a m inim um

t he inform at ion

required by

Sect ion

82 . 157, Texas Propert y Code.

( Check one box only) :

( 1)

Buyer has received t he Cert ificat e.

( 2)

Buyer

has

not received

t he Cert ificat e. Seller

shall

deliver t he

Cert ificat e t o Buyer

w it hin

days

aft er

t he effect ive dat e

of t he cont ract . Buyer

m ay cancel

t he

cont ract before t he sixt h day aft er t he dat e Buyer receives t he Cert ificat e by hand-

delivering or m ailing w rit t en not ice of cancellat ion t o Seller by cert ified Unit ed St at es

m ail,

ret urn receipt

request ed. I f Buyer

cancels

t he

cont ract pursuant t o

t his

paragraph,

t he cont ract

w ill t erm inat e

and

t he

earnest

m oney

w ill

be

refunded t o

Buyer .

( 3)

Buyer

has

received Seller's affidavit t hat

Seller

request ed

inform at ion from

t he

Associat ion concerning it s financial condit ion as required by t he Texas Propert y Code,

and t hat t he Associat ion did not provide a Cert ificat e or

inform at ion required in t he

Cert ificat e.

Buyer

and

Seller

agree

t o

w aive

t he

requirem ent

t o

furnish

t he

Cert ificat e.

I nit ialed for ident ificat ion by Buyer

and Seller

TREC NO. 30 - 10

Cont r act Concer ning

Page

4 of 8 12 - 05 - 2011

( Addr ess of Pr oper t y)

Propert y under

Paragraph 7A, from negot iat ing repairs or t reat m ent s in

a subsequent

am endm ent , or from t erm inat ing t his cont ract during t he Opt ion Period, if any .

part y is obligat ed

t o

pay

for lender

required repairs,

w hich

includes

t reat m ent

for w ood

dest roying

insect s.

I f

t he

part ies do

not agree t o pay

for t he lender

required

repairs or

t reat m ent s,

t his cont ract w ill t erm inat e and t he earnest

m oney

w ill be refunded t o Buyer . I f

t he cost of lender required repairs and t reat m ent s exceeds 5%

of t he Sales Price, Buyer m ay

t erm inat e t his cont ract and t he earnest m oney w ill be refunded t o Buyer .

ot herw ise aut horized by

law t o provide such

repairs or t reat m ent s.

At Buyer’s elect ion, any

t ransferable w arrant ies received by Seller w it h respect t o t he repairs

and

t reat m ent s w ill be

t ransferred t o Buyer

at

Buyer’s expense. I f

Seller

fails t o

com plet e any

agreed repairs and

t reat m ent s prior t o

t he

Closing

Dat e, Buyer

m ay

exercise

rem edies under Paragraph 15 or

ext end t he Closing

Dat e up t o

15 days if

necessary for

Seller

t o com plet e repairs and

t reat m ent s.

is concerned about t hese m at t ers,

an

addendum prom ulgat ed by TREC or required

by t he

part ies should be used.

H. RESI DENTI AL SERVI CE CONTRACTS:

Buyer

m ay purchase a resident ial service cont ract from

a resident ial service com pany licensed

by

TREC. I f Buyer purchases a resident ial

service

9 . CLOSI N G:

A. The closing of t he sale w ill be on or before

, 20

, or w it hin 7 days

aft er obj ect ions t o m at t ers disclosed in t he Com m it m ent have been cured, w hichever dat e is

lat er

( Closing Dat e) . I f

eit her part y fails

t o close

t he sale by t he

Closing Dat e, t he non -

default ing part y m ay exercise t he rem edies cont ained in Paragraph 15 .

B. At closing:

( 1)

Seller shall execut e and deliver a general w arrant y deed conveying t it le t o t he Propert y t o

Buyer and show ing no addit ional except ions t o t hose perm it t ed in Paragraph 6 and furnish

t ax st at em ent s or cert ificat es show ing no delinquent t axes on t he Propert y .

( 2)

Buyer shall pay t he Sales Price in good funds accept able t o t he escrow agent .

( 3) Seller and Buyer shall execut e and deliver any not ices, st at em ent s, cert ificat es, affidavit s,

releases, loan docum ents and ot her docum ent s reasonably required for t he closing of t he

sale and t he issuance of t he Tit le Policy .

( 4)

There w ill be no liens, assessm ent s, or securit y

int erest s against

t he Propert y w hich w ill

not be sat isfied out of t he sales proceeds unless securing t he

paym ent of

any loans

assum ed by Buyer and assum ed loans w ill not be in default .

( 5)

I f t he Propert y is subj ect t o a lease, Seller shall ( i) deliver t o Buyer t he lease( s) and t he

m ove- in condit ion form signed by t he t enant , if any, and ( ii) t ransfer securit y deposit s ( as

defined under §92 . 102, Propert y Code) , if any,

t o Buyer . I n

such an

event , Buyer shall

deliver t o t he t enant

a signed st at em ent acknow ledging t hat

t he Buyer has received t he

securit y deposit and

is responsible for

t he ret urn of t he securit y

deposit , and

specifying

t he exact dollar am ount of t he securit y deposit .

1 0 . POSSESSI ON : Seller shall deliver to Buyer possession

of the Property in its

present

or required

condition, ordinary wear and tear excepted:

upon closing and funding

according to a tem porary

I nit ialed for ident ificat ion by Buyer

and Seller

TREC NO. 30 - 10

Cont r act Concer ning

Page 6 of 8 12 - 05 - 2011

( Addr ess of Pr oper t y)

1 6 . M ED I ATI ON : I t

is

t he policy

of t he St at e of Texas t o encourage resolut ion of disput es t hrough

alt ernat ive disput e

resolut ion

procedures

such as m ediat ion. Any disput e bet ween

Seller and

Buyer relat ed t o

t his cont ract

w hich is not

resolved t hrough inform al discussion w ill

w ill not

Not ice of obj ect ion t o t he dem and w ill be deem ed effect ive upon receipt by escrow agent .

1 9

. REPRESEN TATI ON S: All covenant s,

represent at ions and w arrant ies in t his cont ract survive

closing. I f any represent at ion of Seller in t his cont ract is unt rue on t he Closing Dat e, Seller w ill

be in default .

Unless expressly prohibit ed by w rit t en agreem ent , Seller

m ay cont inue t o show

t he Propert y and receive, negot iat e and accept back up offers.

2 0

. FED ERAL TAX REQUI REM EN TS: I f Seller is a " foreign person,” as defined by applicable law, or

if Seller fails t o deliver an affidavit t o Buyer t hat Seller is not a " foreign person,” t hen Buyer shall

w it hhold from

t he sales proceeds an am ount sufficient t o com ply w it h

applicable t ax law and

deliver t he sam e t o t he I nt ernal Revenue Service t oget her w it h appropriat e t ax form s. I nt ernal

Revenue Service regulat ions require

filing w rit t en

report s if currency

in excess of specified

am ount s is received in t he t ransact ion .

2 1

. N OTI CES: All not ices from one part y

t o t he ot her

m ust be in w rit ing

and are effect ive when

m ailed t o, hand- deliver ed at , or t ransm it t ed by facsim ile or elect ronic t ransm ission as follow s:

To Bu y e r a t :

To Se lle r a t :

I nit ialed for ident ificat ion by Buyer

and Seller

TREC NO. 30 - 10

Cont r act Concer ning

Page 7 of 8 12 - 05 - 2011

( Addr ess of Pr oper t y)

2 3 . TERM I N ATI ON OPTI ON : For nom inal considerat ion, t he receipt

of w hich is hereby

acknow ledged by Seller , and Buyer's agreem ent t o pay Seller $

( Opt ion Fee)

t erm inat e t his cont ract by giving not ice of t erm inat ion t o Seller w it hin

days aft er t he

effect ive dat e of t his cont ract ( Opt ion Period) . I f no dollar am ount is st at ed as t he Opt ion Fee or

if

Buyer fails t o pay t he Opt ion Fee t o Seller w it hin t he t im e prescribed, t his paragraph w ill not be

a

part of t his cont ract and Buyer shall not have t he unrest rict ed right t o t erm inat e t his cont ract .

I f Buyer

gives not ice of

t erm inat ion w it hin t he t im e prescribed, t he Opt ion Fee

w ill not be

refunded;

how ever, any

earnest m oney w ill be refunded t o Buyer . The Opt ion Fee

w ill

w ill

not be credit ed t o t he Sales Price at closing. Tim e is of t h e e sse n ce for t h is pa r a gr a ph

a n d

st r ict com plia n ce w it h t h e t im e for pe r for m a n ce is r e qu ir e d .

Buyer's

Seller's

At t orney is:

At t orney is:

Telephone:

(

)

Telephone:

(

)

Facsim ile:

(

)

Facsim ile:

(

)

E- m ail:

E- m ail:

EX ECUTED t h e

da y of

, 2 0

( EFFECTI V E D ATE) .

Buyer

Seller

Buyer

Seller

The form of t his cont ract has been approved by t he Texas Real Est at e Com m ission.

TREC form s are int ended for use only by

t rained real est at e licensees. No represent at ion

is m ade as t o t he legal validit y or

adequacy of any provision in any specific

I nit ialed for ident ificat ion by Buyer

and Seller

TREC NO. 30 - 10

Cont r act Concer ning

Page 8 of 8 12 - 05 - 2011

( Addr ess of Pr oper t y)

Licensed Super visor of Associat e

Telephone

Licensed Super visor of Associat e

Telephone

Associat e

Telephone

List ing Associat e

Telephone

Ot her Br ok er 's Addr ess

Facsim ile

List ing Br oker ’s Office Addr ess

Facsim ile

Cit y

St at e

Zip

Cit y

St at e

Zip

Associat e Em ail Address

List ing Associat e’s Em ail Addr ess

Selling Associat e

Telephone

Selling Associat e’s Office Addr ess

Facsim ile

Cit y

St at e

Zip

Selling Associat e’s Em ail Addr ess

OPTI ON FEE RECEI PT

Receipt of $

( Opt ion Fee) in t he for m of

is acknow ledged.

Seller or List ing Broker

Dat e

CON TRACT AN D EARN EST M ON EY RECEI PT

Receipt of Cont ract and

$

Earnest Money in t he form of

is acknow ledged.

Escrow Agent :

Dat e:

By:

Em ail Addr ess

Telephone (

)

Address

Facsim ile: (

)

Cit y

St at e

Zip

I nit ialed for ident ificat ion by Buyer

and Seller

TREC NO. 30 - 10