My Real Etate Mentors
"SCHEDULE A
FINANCING CONDITIONS"
"The terms and conditions of this Schedule A shall prevail in the event of a conflict with the terms and conditions of the attached standard Agreement of Purchase and Sale.
Initial deposit $ Closing Date:
The Buyer agrees to pay a further sum of ( ), payable to the Buyer’s Title Company in Escrow, upon removal of all conditions contained herein, as a supplementary deposit to be held in Escrow pending completion or other termination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction.
Should the offer to purchase become null and void, any deposit paid by the Buyer will be returned in full without interest or penalty.
This Offer is conditional upon the Buyer obtaining, at its own expense, satisfactory financing to
him for the said property on or before . Failing which this Offer shall become null and void and the Buyer’s deposit shall be returned in full without interest or penalty."
"SCHEDULE B
GENERAL CONDITIONS
The terms and conditions of this Schedule B shall prevail in the event of a conflict with the terms and conditions of the attached standard Agreement of Purchase and Sale.
Income and Expense Verification
This Offer is conditional upon the Buyer being satisfied with statements of income and expense which the Seller agrees to provide within 5 business days of acceptance of this Offer for a minimal period of two years to-date, including rent receipts for each apartment to verify what the tenants are paying monthly. Tax, insurance, utilities, gas and water bills for same period as well as receipts for any other expenses and improvements to the property will also be provided to Buyer.
Assignment
The Buyer shall have the right, at any time before the signing of the deed of sale, to sell the promise to purchase to another person(s) or corporation, either existing or in the process of becoming incorporated, all at the sole discretion of the Buyer, and from the date of the sale, the Buyer will be released from the promise to purchase and any deposit paid by the Buyer will be returned in full without interest or penalty.
Property Viewing, Right to Show and Inspection
The Seller agrees to cooperate in providing access to the property for the purpose of viewing the property. Buyer reserves the right to show the property prior to closing to any and all prospective occupants or partners, up to the closing date, with 24 hours notice.
This Offer is conditional upon the inspection of the subject property by the Buyer or the Buyer’s building inspector, at the Buyer’s own expense, and obtaining a written report satisfactory to the Buyer, at its sole and absolute discretion, by , failing which this Offer shall be null and void and the deposit shall be returned to the buyer in full without interest or penalty.
Insurance Coverage
This Offer is conditional upon the Buyer arranging, at its own expense, satisfactory insurance coverage to him on the said property by failing which this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or penalty.
Approval
This Offer is conditional upon the approval of the terms hereof by the Buyer’s Partner(s) and Lawyer, failing which this Offer shall become null and void and the deposit shall be returned to the Buyer in full without interest or penalty.
The seller can continue to offer the property for sale and in the event the seller receives another offer satisfactory to the seller, the seller may notify the buyer. The buyer shall have 48 hours from the giving of such notice to waive this condition by notice in writing delivered to the seller, failing which this offer should be null and void, and the buyer's
deposit should be returned in full without reduction."
"SCHEDULE A
FINANCING CONDITIONS"
"The terms and conditions of this Schedule A shall prevail in the event of a conflict with the terms and conditions of the attached standard Agreement of Purchase and Sale.
Initial deposit $ Closing Date:
The Buyer agrees to pay a further sum of ( ), payable to the Buyer’s Title Company in Escrow, upon removal of all conditions contained herein, as a supplementary deposit to be held in Escrow pending completion or other termination of this Agreement. This amount is to be credited towards the purchase price on completion of this transaction.
Should the offer to purchase become null and void, any deposit paid by the Buyer will be returned in full without interest or penalty.
This Offer is conditional upon the Buyer obtaining, at its own expense, satisfactory financing to
him for the said property on or before . Failing which this Offer shall become null and void and the Buyer’s deposit shall be returned in full without interest or penalty."
"SCHEDULE B
GENERAL CONDITIONS
The terms and conditions of this Schedule B shall prevail in the event of a conflict with the terms and conditions of the attached standard Agreement of Purchase and Sale.
Income and Expense Verification
This Offer is conditional upon the Buyer being satisfied with statements of income and expense which the Seller agrees to provide within 5 business days of acceptance of this Offer for a minimal period of two years to-date, including rent receipts for each apartment to verify what the tenants are paying monthly. Tax, insurance, utilities, gas and water bills for same period as well as receipts for any other expenses and improvements to the property will also be provided to Buyer.
Assignment
The Buyer shall have the right, at any time before the signing of the deed of sale, to sell the promise to purchase to another person(s) or corporation, either existing or in the process of becoming incorporated, all at the sole discretion of the Buyer, and from the date of the sale, the Buyer will be released from the promise to purchase and any deposit paid by the Buyer will be returned in full without interest or penalty.
Property Viewing, Right to Show and Inspection
The Seller agrees to cooperate in providing access to the property for the purpose of viewing the property. Buyer reserves the right to show the property prior to closing to any and all prospective occupants or partners, up to the closing date, with 24 hours notice.
This Offer is conditional upon the inspection of the subject property by the Buyer or the Buyer’s building inspector, at the Buyer’s own expense, and obtaining a written report satisfactory to the Buyer, at its sole and absolute discretion, by , failing which this Offer shall be null and void and the deposit shall be returned to the buyer in full without interest or penalty.
Insurance Coverage
This Offer is conditional upon the Buyer arranging, at its own expense, satisfactory insurance coverage to him on the said property by failing which this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest or penalty.
Approval
This Offer is conditional upon the approval of the terms hereof by the Buyer’s Partner(s) and Lawyer, failing which this Offer shall become null and void and the deposit shall be returned to the Buyer in full without interest or penalty.
The seller can continue to offer the property for sale and in the event the seller receives another offer satisfactory to the seller, the seller may notify the buyer. The buyer shall have 48 hours from the giving of such notice to waive this condition by notice in writing delivered to the seller, failing which this offer should be null and void, and the buyer's
deposit should be returned in full without reduction."
"DATE:" "PURCHASE AND SALES AGREEMENT"
"PARTIES: , as Seller, , as buyer. Buyer and Seller which terms may be singular or plural and will include the heirs, successors, personal representatives and assigns, hereby agree that the Seller shall sell and Buyer shall buy the following legally described Property.
THE PROPERTY DESCRIBED AS: (Street address)
City of State of County of Assessor’s Parcel Number :
FINANCING/TERMS/PURCHASE PRICE:
The Purchase Price Offered is: $ .00.
Deposit(s) to be held in escrow by . Deposit to be placed into escrow prior to the closing of escrow in the amount of: $ . 00."
"If checked All Cash Purchase."
"If checked Subject to Existing Mortgages/Loans: See Addendum #"
"If checked Seller Financing and Terms: See Addendum #"
"If checked subject to acceptable financing of the buyer by:
CONSIDERATION RECEIPT AND SUFFICIENCY: Seller hereby acknowledges and accepts the amount of consideration as the total consideration for the sale of the property to Buyer. Seller is satisfied as to the amount of consideration and acknowledges the consideration to be a sufficient amount to purchase the aforementioned Property.
APPRAISAL CONTINGENCY: This Agreement is contingent upon a written appraisal of the Property by a licensed or certified appraiser. The Buyer will order and pay for an appraisal on the property. If the appraised value is less than $ which is the amount quoted by The Seller as to what the house is worth in its As Is Condition in Today’s Market, After Repair Value, the Buyer may, within three (3) calendar days of Buyer's receipt of the appraisal, at Buyer's sole option, declare this agreement null and void. Buyer is entitled to a return of all deposits, if any, less the appraisal fee and any other escrow expenses or fees chargeable to the Buyer. Thereafter, neither the Buyer, the Seller nor any brokers shall have any further rights, obligations, or liabilities under this contract.
CLOSING DATE: This transaction shall be closed and the Deed and other Closing Papers delivered on or before , 20 , or sooner, unless extended by other provisions of this Purchase and Sales Agreement, or by written agreement of the Parties and also at the sole option of the buyer.
OCCUPANCY: Exclusive irrevocable possession and occupancy shall be delivered to Buyer, Buyer’s Assignees, or Buyer’s Agents at 5:00 PM on , 20 ."
"If checked Property shall be vacant at least days prior to Close of Escrow.
CONDITION OF PROPERTY: Buyer is buying property in an “As Is” condition.
INSPECTION OF PROPERTY: Buyer shall have until the close of escrow to complete all Buyer investigations of the Property and approve all matters affecting the Property. Buyer may in Buyer’s sole and absolute discretion, give notice of termination of this Agreement at any
time prior to the expiration of the inspection period, and upon such termination, all deposits held in escrow shall be returned to Buyer."
"COSTS: Buyer shall pay for all normal closing costs. Costs shall not include voluntary or involuntary liens against the property.
NON-AGENCY RELATIONSHIP: An Agency relationship between Buyer and Seller does not exist. Seller should seek advice from their legal counsel prior to agreeing to the terms of this Agreement.
TIME FOR ACCEPTANCE AND EFFECTIVE DATE: This Offer shall be deemed revoked unless the Offer is signed by Seller indicating an Acceptance and a copy of the Signed Offer is received by the buyer, on , xx 20 . If a copy of the Signed Offer is not received by Buyer on or before the Date stated above, the aforesaid Deposit(s) shall be, at the option of the Buyer, returned to Buyer and this offer shall thereafter be null and void.
ASSIGNABILITY: Buyer may assign this Agreement.
RESELL: Seller is aware that Buyer intends on reselling the property for a profit. All profits made by the Buyer during this transaction relating to the reselling of the property are in the sole interest of and solely owned by the Buyer.
NOT A LOAN TO SELLER TRANSACTION: Seller acknowledges that the buyer is not lending to the seller any monies and this Purchase and Sales Agreement is an agreement to purchase the Property only. All monies shall be given to the seller on the day escrow closes as defined in section II.
SECURITY DEPOSITS: Security deposits, if any, shall be paid to the Buyer. All deposits and/or rents collected shall be prorated and said prorations paid to Buyer.
LIENS: Seller shall, both as to the Property and Personally being sold hereunder, furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known or reasonably expected to be known to Seller and further attesting that there have been no improvements to the Property for ninety days immediately preceding date of closing.
PLACE OF CLOSING: .
TIME: Time is of the essence of this Agreement. Any reference herein to time periods of less than six days 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 p.m. of the next business day.
BREACH: If this contract is breached by Buyer, all damages resulting therefrom to Seller and to Broker(s), including their reasonable attorney's fees, costs, and the commissions hereinafter specified, shall be paid by Buyer. The Seller, however, may elect to retain the earnest money as liquidated damages. If this contract is breached by Seller, Seller shall pay 10% of the contract price directly to buyer to make whole the Buyer for any and all expenditures made marketing, time devoted to the project and any additional expenditures made in furtherance of this Purchase Agreement. All damages resulting therefrom to Buyer, including their reasonable attorney's fees, costs, and the commissions hereinafter specified. The foregoing shall not preclude an action for specific performance of this contract.
MEMORANDUM OF CONTRACT RECORDABLE, PERSONS BOUND AND NOTICE: Buyer may cause to be recorded, at Buyer's option and expense, in the public records of the county in which the property is located, an executed Memorandum of Contract. This Agreement shall bind and inure to the benefit of the Parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party.
PRORATIONS AND INSURANCE: Taxes, assessments, rent, interest, insurance and other expenses and revenue of the Property shall be prorated as of date of closing. Buyer shall have the option of taking over any existing policies of insurance on the Property, if assumable, in which event premiums shall be prorated. The cash at closing shall be increased or decreased as may be required by said prorations. All references in the Agreement to prorations as of date of closing will be deemed date of occupancy if occupancy occurs prior to closing, unless
otherwise provided for herein."
"MODIFICATION: No prior or present agreements or representations shall be binding upon any of the Parties hereto unless incorporated in this Agreement. No modification or change in this Agreement shall be valid or binding upon the Parties unless in writing, executed by the Parties to be bound thereby.
CLERICAL ERROR WAIVER: In the event the Buyer at any time discovers that any of the documents executed in connection with this transaction contain an error caused by clerical mistake, calculation error, computer malfunction, printing error or similar error, all parties agree, upon notice from the Buyer, to re-execute any documents that are necessary to correct such error(s). Seller agrees that no party to this transaction will be liable to the Seller for any damages incurred by the Buyer that are directly or indirectly caused by any such error(s).
MARKETING: Seller authorizes Buyer to market property during escrow for Buyer's benefit. Marketing is defined as, but not limited to, placing the property for sale in the Real Estate Multiple Listing Service (MLS), advertising in the Newspaper or other periodical, and placing a for sale sign on the property.
MEETING OF THE MINDS ACKNOWLEDGEMENT: Seller has thoroughly and completely reviewed the Purchase and Sales Agreement and understands completely all terms and conditions contained therein. Seller further acknowledges having no confusion, uncertainty about any aspect of the Purchase and Sales Agreement and has sufficient experience in real estate transacting to be able to sign the Agreement with absolute confidence in Seller’s ability to comprehend all matters related to it and to the sale of the property. Seller further understands and agrees to have been given sufficient time to read through this Agreement and has also been given the opportunity to seek advice from Seller’s legal counsel prior to agreeing to the terms of this Purchase and Sales Agreement. The Buyer, their representatives, or Seller’s current situation has not forced Seller into signing this Agreement.
Partner’s Approval: Contract is contingent on buyer’s partner’s approval.
INTEGRATION: It is expressly understood and agreed that this instrument contains the entire agreement between Seller and Buyer and that, except as otherwise provided herein, there are no oral or collateral conditions, agreements or representations, all such having been incorporated and resolved into this agreement. Unless otherwise specified herein or new construction is involved, the property is purchased ""as is"" and Seller neither makes nor implies any warranty as to the condition of the premises. All conditions of this contract shall be satisfied at or before closing; and neither Seller or their associates assume any obligation or liability for the performance or satisfaction of any such condition after closing.
ADDITIONAL TERMS:"
"Buyer Date
Buyer Date" "Seller Date
Seller Date"
"CASH FOR KEYS AGREEMENT
Property Address (“Premises”) This agreement is made this day of , 20 between
(hereafter referred to as Owner/Landlord) and Occupants
Occupant 1
Occupant 2
Occupant 3
Occupant 4
(hereafter referred to as Occupant).
1) Occupant is currently residing at premises currently owned by the Owner/Landlord.
2) Occupant agrees to vacate the premises on or before
(the “Move out Date”).
3) Occupant agrees to leave the property on the above date free of all debris, trash, and personal property and in “broom clean” condition.
4) Occupant agrees not to vandalize the property, or to remove, allow the removal, or damage in any way, the fixtures, appliances, copper or any other part of the property. Occupant agrees to keep property in good repair until move out date.
5) Occupant agrees to remove any pets or any kind of animals entirely from the property by departure date.
6) Owner/Landlord agrees to pay Occupant the sum of $ (“Payment”) upon completion of the terms of this agreement and inspection by Owner/Landlord or Owner/Landlord’s agent and return of all keys to property.
7) Owner/Landlord agrees payment will be made immediately upon satisfactory inspection, and that payment will be made directly to Occupant. Occupant agrees Owner/Landlord may deduct from the Payment the cost of clean up, repairs, unpaid utility bills, or replacements and pay the balance of the Payment to occupant(s).
8) All parties agree that this agreement is null and void if Occupant does not meet the terms of this agreement.
9) Occupant agrees that he hereby waives any protection allowed under all applicable
State Laws, if he/she does not fulfill the terms of this agreement. Occupant further agrees to be solely responsible for Owner's legal fees should any be required to regain possession of this property."
"10) There is not tenancy implied under this Agreement. Occupant(s) for themselves and each other expressly disclaim any tenancy rights under this Agreement.
11) Occupant is aware that local law may provide that if Owner and occupant do not agree on a new lease or rental agreement, Owner may be required to provide them minimum written notice to end their occupancy followed by an eviction if Occupant doesn't voluntarily leave the property. In consideration of Payment, each occupant signing below expressly waives any right to any minimum notice and agrees that they have entered into this Agreement voluntarily of their own accord.
12) This Agreement shall not be binding unless and until all parties have signed this Agreement.
13) This Agreement shall not be modified in any way except by in writing executed by all parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates set forth below.
Occupant 1 Signature Date Occupant 2 Signature Date Occupant 3 Signature Date Occupant 4 Signature Date "
"Landlord agrees to make the Payment as provided in this Cash for Keys Agreement.
Landlord/Owner Signature Date "
"Use of this form is governed by the terms and conditions set forth by the National Association of Income Property Owners (“NAIPO”) at http://national-aipo.org/terms-of- service/. This or any other form obtained from the NAIPO is not “State Specific” and in fact many jurisdictions have ordinances that may conflict with or render invalid certain clauses of some forms. Users are advised to seek the advice of an attorney."
"NON-RECOURSE MORTGAGE
THIS INDENTURE, made as of , by and between , hereinafter called “Mortgagor”, and , hereinafter called “Mortgagee”. W I T N E S S E T H : AMOUNT OF LIEN: WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of in lawful money of the United States, and has agreed to pay the same, with interest thereon, according to the terms of a certain note (the “Note”) given by Mortgagor to Mortgagee, bearing even date herewith. NOW, THEREFORE, in consideration of the premises and the sum hereinabove set forth, and to secure the payment of the Secured Indebtedness as defined herein, Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto Mortgagee property described in Exhibit “A” attached hereto and by this reference made a part hereof; TOGETHER with all buildings, structures and other improvements now or hereafter located on, above or below the surface of the property hereinbefore described, or any part and parcel thereof; and, TOGETHER with all and singular the tenements, hereditaments, easements, riparian and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether now owned or hereafter acquired by Mortgagor, and including all rights of ingress and egress to and from adjoining property (whether such rights now exist or subsequently arise) together with the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Mortgagor of, in and to the same and of, in and to every part and parcel thereof; and, TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, and articles of personal property of every kindand nature whatsoever (hereinafter collectively called “Equipment”), now or hereafter located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Mortgagor; and, TOGETHER with all the common elements appurtenant to any parcel, unit or lot which is all or part of the Premises; and, ALL the foregoing encumbered by this Mortgage being collectively referred to herein as the “Premises”; TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit and behalf of the Mortgagee, forever. U.C.C. SECURITY AGREEMENT It is agreed that if any of the property herein mortgaged is of a nature so that a security interest therein can be perfected under the Uniform Commercial Code, this instrument shall constitute a Security Agreement and Mortgagor agrees to join with the Mortgagee in the execution of any financing statements and to execute any and all other instruments that may be required for the perfection or renewal of such security interest under the Uniform Commercial Code. EQUITY OF REDEMPTION Conditioned, however, that if Mortgagor shall promptly pay or cause to be paid to Mortgagee, at its address listed in the Note, or at such other place which may hereafter be designated by Mortgagee, its or their successors or assigns, with interest, the principal sum of with final maturity, if not sooner paid, as stated in said Note unless amended or extended according to the terms of the Note executed by Mortgagor and payable to the order of Mortgagee, then these presents shall cease and be void, otherwise these presents shall remain in full force and effect. ARTICLE ONE COVENANTS OF MORTGAGOR Mortgagor covenants and agrees with Mortgagee as follows: 1.01 Secured Indebtedness. This Mortgage is given as security for the Note and also as security for any and all other sums, indebtedness, obligations and liabilities of any and every kind arising, under the Note or this Mortgage, as amended or modified or supplemented from time to time, and any and all renewals, modifications or extensions of any or all of the foregoing (all of which are collectively referred to herein as the “Secured Indebtedness”), the entire Secured Indebtedness being equally secured with and having the same priority as any amounts owed at the date hereof. 1.02 Performance of Note, Mortgage, Etc.. Mortgagor shall perform, observe and comply with all provisions hereof and of the Note and shall promptly pay, in lawful money of the United States of America, to Mortgagee the Secured Indebtedness with interest thereon as provided in the Note, this Mortgage and all other documents constituting the Secured Indebtedness. 1.03 Extent Of Payment Other Than Principal And Interest. Mortgagor shall pay, when due and payable, (1) all taxes, assessments, general or special, and other charges levied on, or assessed, placed or made against the Premises, this instrument or the Secured Indebtedness or any interest of the Mortgagee in the Premises or the obligations secured hereby; (2) premiums on policies of fire and other hazard insurance covering the Premises, as required herein; (3) ground rents or other lease rentals; and (4) other sums related to the Premises or the indebtedness secured hereby, if any, payable by Mortgagor.
1.04 Insurance. Mortgagor shall, at its sole cost and expense, keep the Premises insured against all hazards as is
customary and reasonable for properties of similar type and nature. 1.05 Care of Property. Mortgagor shall maintain the Premises in good condition and repair and shall not commit or suffer any material waste to the"
"Premises. 1.06 Prior Mortgage. With regard to the Prior Mortgage, Mortgagor hereby agrees to: (i) Pay promptly, when due, all installments of principal and interest and all other sums and charges made payable by the Prior Mortgage; (ii) Promptly perform and observe all of the terms, covenants and conditions required to be performed and observed by Mortgagor under the Prior Mortgage, within the period provided in said Prior Mortgage;
(iii) Promptly notify Mortgagee of any default, or notice claiming any event of default by Mortgagor in the performance or observance of any term, covenant or condition to be performed or observed by Mortgagor under any such Prior Mortgage. (iv) Mortgagor will not request nor will it accept any voluntary future advances under the Prior Mortgage without Mortgagees prior written consent, which consent shall not be unreasonably withheld. ARTICLE TWO DEFAULTS 2.01 Event of Default. The occurrence of any one of the following events which shall not be cured within thirty days after written notice of the occurrence of the event, if the default is monetary, or which shall not be cured within thirty days after written notice from Mortgagee, if the default is non- monetary, shall constitute an “Event of Default”: (a) Mortgagor fails to pay the Secured Indebtedness, or any part thereof, or the taxes, insurance and other charges, as hereinbefore provided, when and as the same shall become due and payable; (b) Any material warranty of Mortgagor herein contained, or contained in the Note, proves untrue or misleading in any material respect; (c) Mortgagor materially fails to keep, observe, perform, carry out and execute the covenants, agreements, obligations and conditions set out in this Mortgage, or in the Note; (d) Foreclosure proceedings (whether judicial or otherwise) are instituted on any mortgage or any lien of any kind secured by any portion of the Premises and affecting the priority of this Mortgage. 2.02 Options Of Mortgagee Upon Event Of Default. Upon the occurrence of any Event of Default, the Mortgagee may immediately do any one or more of the following: (a) Declare the total Secured Indebtedness, including without limitation all payments for taxes, assessments, insurance premiums, liens, costs, expenses and attorney's fees herein specified, without notice to Mortgagor (such notice being hereby expressly waived), to be due and collectible at once, by foreclosure or otherwise; (b) Pursue any and all remedies available under the Uniform Commercial Code; it being hereby agreed that ten days notice as to the time, date and place of any proposed sale shall be reasonable; (c) In the event that Mortgagee elects to accelerate the maturity of the Secured Indebtedness and declares the Secured Indebtedness to be due and payable in full at once as provided for in Paragraph 2.02(a) hereinabove, or as may be provided for in the Note, or any other provision or term of this Mortgage, then Mortgagee shall have the right to pursue all of Mortgagee's rights and remedies for the collection of such Secured Indebtedness, whether such rights and remedies are granted by this Mortgage, any other agreement, law, equity or otherwise, to include, without limitation, the institution of foreclosure proceedings against the Premises under the terms of this Mortgage and any applicable state or federal law. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 Prior Liens. Mortgagor shall keep the Premises free from all prior liens (except for those consented to by Mortgagee). 3.02 Notice, Demand and Request. Every provision for notice and demand or request shall be deemed fulfilled by written notice and demand or request delivered in accordance with the provisions of the Note relating to notice. 3.03 Meaning of Words. The words “Mortgagor” and “Mortgagee” whenever used herein shall include all individuals, corporations (and if a corporation, its officers, employees or agents), trusts and any and all other persons or entities, and the respective heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto, and all those holding under either of them. The pronouns used herein shall include, when appropriate, either gender and both singular and plural. The word “Note” shall also include one or more notes and the grammatical construction of sentences shall conform thereto. 3.04 Severability. If any provision of this Mortgage or any other Loan Document or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of the instrument in which such provision is contained, nor the application of the provision to other persons, entities or circumstances, nor any other instrument referred to hereinabove shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 3.05 Governing Law. The terms and provisions of this Mortgage are to be governed by the laws of the State of . No payment of interest or in the nature of interest for any debt secured in part by this Mortgage shall exceed the maximum amount permitted by law. Any payment in excess of the maximum amount shall be applied or disbursed as provided in the Note in regard to such amounts which are paid by the Mortgagor or received by the Mortgagee. 3.06 Descriptive Headings. The descriptive headings used herein are for convenience or reference only, and they are not intended to have any effect whatsoever in determining the rights or obligations of the Mortgagor or Mortgagee and they shall not be used in the interpretation or construction hereof. 3.07 Attorney's Fees. As used in this Mortgage, attorneys' fees shall include, but not be limited to, fees incurred in all matters of collection and enforcement,
construction and interpretation, before, during and after suit, trial, proceedings and appeals. Attorneys' fees shall also"
"include hourly charges for paralegal's, law clerks and other staff members operating under the supervision of an attorney. 3.08 Exculpation. Notwithstanding anything contained herein to the contrary, the Note which this Mortgage secures is a non-recourse Note and such Note shall be enforced against Mortgagor only to the extent of Mortgagor's interest in the Premises as described herein and to the extent of Mortgagor's interest in any personalty as may be described herein. IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be duly
executed as of the day and year first above written. IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be duly executed as of the day and year first above written."
"Witnesses Mortgagee"
"Witnesses Mortgagor
City OF Province OF THE FOREGOING instrument was
acknowledged before me this day of , , by . My Commission Expires: "
"OFFER TO PURCHASE REAL ESTATE
BE IT KNOWN, the undersigned, (Buyer), offers to purchase from
(Owner), real estate known as, City of State of , said property more particularly described as: Legal Description to be attached here:
The purchase price offered is $
Deposit herewith paid $
Balance at closing $
Total purchase price $
This offer is conditional upon the following terms:
1. Purchase is subject to conditions provided in Attachment A
2. Said property is to be sold free and clear of all encumbrances, by good and marketable title, with full possession to said property available to Buyer at date of closing.
3. The closing shall occur on or before at the closing agent office of
4. Other terms: Buyer and Seller to pay normal Closing Cost. Seller to provide Buyer with access to property upon acceptance.
5. This offer shall remain open until , and if not accepted by said time this offer shall be deemed rescinded and all deposits shall be refunded.
Buyer Date
Seller Date"
"Attachment A
The Buyer agrees to pay the balance of the Purchase Price by certified check to the Seller on the completion of this transaction subject to the usual adjustments being apportioned to the closing date.
Assignment
The Buyer shall have the right at any time prior to closing, to assign the within Offer to any person, persons or corporation, either existing or to be incorporated, which the Buyer may designate at its sole discretion, and upon such assignment, herein before named Buyer shall stand released from all further liability hereunder.
Property Viewing, Right to Show and Inspection
The Seller agrees to cooperate in providing access to the property for the purpose of viewing the property. Buyer reserves the right to show the property prior to closing to any and all prospective occupants or partners, up to the closing date, with 24 hours notice.
Approval
This Offer is conditional upon the approval of the terms hereof by the Buyer’s Partner(s) and Lawyer.
Upon Completion
The Seller agrees to discharge all mortgages, liens or encumbrances that may now be registered against the property at their own expense on or before the date of closing. The parties agree that the Purchase Price includes all prepaid items. The Seller agrees that any and all representation and warranty associated with this Offer shall survive and not merge for a period of two years from the date of closing of this transaction. The Buyer agrees to
pay the balance of the Purchase Price by certified check to the Seller on the completion of this transaction."
"PHONE CALL SCRIPTS"
"Calling “for rent” ads.
Hi my name is . I am a real estate investor.
Are you the one that has the property for rent? (READ AD IF YOU HAVE ONE) My name is . What was your name again?
Would it be ok if I asked you a couple of questions?
As I said I am an investor. I am not interested in renting out your property, I am interested in buying it, are you interested in selling, yes or no?"
"Receiving a call from someone interested in selling?
Hi this is , how can I help you?
Other Person: “Are you the one who has the ‘we buy houses’ ad?”
I am a real estate investor, I help people with real estate problems, do you have a problem? Can you tell me a little about your house? Bedrooms? Baths? Garage? Location?
Why are you selling?
What is the least that you would take for the property?
Calling Mortgage Brokers – the goal is typically to set up a face-to-face appointment
1. Do you have a moment?
a. Hi, my name is , I am a (new) real estate investor in the area and I’m looking for a (good) mortgage broker to help me with my future purchases of single-family homes and multi-units.
2. Can you tell me about your products and services?
a. Start talking about his “A” lender, “B” lender
3. Do you have access to hard money and private money and private investors?
a. KILL THEM WITH KINDNESS
4. Tell them about the other side of your business, how you are focused on helping people with their real estate problems.
5. Are you familiar with the rent-to-own or lease option program?
a. EXPLAIN
b. Possibly setup a time to meet and discuss
6. Ask them if it has ever happened that they cannot qualify someone, but the person was so close to being qualified?
7. What do you usually do with these people?
8. PAUSE
9. So if I understand correctly, you are working so hard in hope that they come back?
10. What if there was a way to qualify these people, and I could help in doing so, would you be interested?
11. In working with me and providing clients that are not able to qualify for a mortgage, you will make 2 commissions, one when the tenant purchases the house. He will purchase through you, and secondly you will make another commission when my partner and I purchase the house, we will use you as a mortgage broker.
12. One more question: would you be willing to provide me those people you can’t qualify?"
"Calling Realtors – the goal is typically to set up a face-to-face appointment
1. Do you have a moment?
a. Hi, my name is , my partner and I are real estate investors. We’re looking to expand in (CITY) this year and we are looking for a few key players to team up with to help us with future purchases of single-family homes and multi-units.
2. Would you mind telling us a little bit about yourself?
a. How long have you been a realtor for?
b. Do you specialize in any type of properties or areas?
c. Do you invest in real estate yourself?
d. What’s your favorite type of property?
e. What’s your favorite type of client?
f. KILL THEM WITH KINDNESS
3. Tell them about the other side of the your business, how you are focused on helping people with their real estate problems – motivated sellers (“pocket listings”), motivated buyers, old/about-to-expire listings, etc.
4. Ask them if it has ever happened that their clients cannot obtain financing at the last minute?
a. What do you usually do with these people?
b. Would it help your business if we’re still able to purchase the property so that you do not need to lose the deal?
c. Are you familiar with lease options?
5. We are looking to complete X number of flips/rehabs this year, do you come across any of these properties from time to time?
a. Great – here are our criteria (specify area, size, type of building, price, etc.)
6. Do you have listings that have been on the market for a while and are about to expire, and for some reason, just wouldn’t move?
a. What do you think the reason is?
7. Do you have sellers that would be motivated to sell fast if we are able to close quickly?
a. Great – can you tell me more about these properties?"
"REAL ESTATE PURCHASE AGREEMENT"
"PURCHASE AGREEMENT dated this day of , 20 by (individually/collectively) as ""Seller"" whose mailing address is
, and , as ""Buyer"" whose mailing address is .
1. THE PROPERTY. The parties hereby agree that Seller will sell and Buyer will buy the following Property, located in and situated in the County of , to wit (enter legal description):
Unless specifically excluded, all other items will be included, whether or not affixed to the Property or structures. Seller expressly warrants that Property, improvements, building or structures, the appliances, roof, plumbing, heating and/or ventilation systems are in good and working order and that Seller owns such Property free and clear of any encumbrances except those specifically stated herein. This clause shall survive closing of title.
2. ENCUMBRANCES"
"a.The Property will be transferred subject the following liens:
SELLER WARRANTS that this/these is/are the only encumbrance(s) burdening the Property and any others unrecorded or undisclosed by Seller, including any unpaid bills that would give rise to a mechanic's lien, statutory lien, or other attachment, and such undisclosed debts shall be paid in full by Seller upon notice and Seller does hereby indemnify Buyer for any and all costs and fees associated with such encumbrances.
If such encumbrances are not paid at Closing, Seller shall execute any and all necessary documents including but not limited to a limited power of attorney given to Buyer or its agent, authorization to release information to Buyer or Buyer’s agent and other documents
necessary for Buyer to service the loan if Buyer so chooses."
"b. Buyer will pay only the purchase price for the Property and will not assume or pay off any liens
or underlying loans or other debts unless specifically stated in this agreement. Seller understands that any debts or liens now on the Property, if not paid off or satisfied may still be the Seller’s responsibility.
3. PURCHASE PRICE AND EARNEST MONEY."
"The total purchase price to be paid by Buyer will be $ paid as follows:"
"Earnest money deposit*" "$ "
"Loan payoff (approximate amount)" "$ "
"Approximate Existing 1st Mortgage" "$ "
"Amount to cure loan default (if any)" "$ "
"Seller financing if any***" "$ "
"Balance Due to/from Seller at Closing" "$ "
"To be paid into escrow with (escrow agent)."
"** All lien amounts are estimates based upon Seller’s disclosures and are subject to change. The Parties agree that the purchase price and credit may be adjusted to reflect the actual principal balance, including outstanding payments due on the loan but in no case will the purchase price be higher than the credit for taking the Property subject to the existing loan. In the event that the existing balance of the liens taken subject to are less than as stated herein, the purchase price shall be reduced accordingly, and any cash due seller at closing shall be reduced."
"*** Seller financing, if any, shall be a non-recourse note and deed of trust or mortgage to
seller which shall be a lien junior to all existing liens on the Property at Closing, and shall be prepared by purchase in advance of Closing for Seller to review containing the following terms:
AMORTIZATION. Payments amortized over years in the principal amount of $ bearing an interest rate of % per annum and requiring monthly payments of principal and interest in the amount of $ per month. Late payments beyond the day of the month shall bear a penalty of %.Balloon date (if any) shall be on 20 ."
"The purchase price shall include any and all of Seller’s rights to the current tax or insurance
escrows and this amount shall not be credited to Seller at Closing."
"4. INSPECTION AND MARKETABLE TITLE
a. Inspection. Buyer shall have the right to inspect all aspects of the Property, including, but not limited to, the physical condition of the property, the value of the property, the title, the encumbrances and any matters not shown by public record and shall have the right, up to the time of Closing to terminate this Agreement for any reason, in the Buyer's sole discretion. Upon such termination, all things of value given by Buyer shall be returned and the parties will have no further rights against each other with respect to this Agreement.
b. Damages to Premises. Seller warrants that when the sale is closed the improvements, if any, on the Property will be in the same location and condition as they are in on the date this Agreement is signed by Seller, natural wear and tear being excepted. However, should the premises be destroyed or substantially damaged before the Closing, then at the election of the Buyer, this Agreement may be cancelled; or Buyer may schedule and complete Closing and Seller shall assign any rights to any insurance proceeds or other claims or rights accruing before or after the transfer of the General Warranty Deed. This section shall survive Closing.
c. Marketable Title. Seller agrees to furnish at Closing marketable title to said Property and agrees to convey said Property by Warranty Deed to Buyer at Closing, subject only to the following liens:
5. EARNEST MONEY AND DEFAULT."
"a. Earnest money in the amount of $ shall be paid, at the sole discretion of Buyer, in good funds or as a promissory note to Seller.
b. If the transaction contemplated hereby fails to close solely due to a default by Buyer, the party shall have any further liability or obligation hereunder. This section shall apply also in the Deposit, if any, shall be retained by Seller as liquidated damages hereunder; thereafter, neither event that no earnest money was required by the Seller modified only in that no money shall be retained.
c. If the transaction contemplated hereby fails to close due to a default by Seller, the earnest money shall be returned to Buyer, without prejudice, however, subject to the right of Buyer to pursue all legal and equitable remedies available to Buyer, including, but not limited to, specific performance which will be an action to force the sale of the house under the terms of this Agreement.
6. CLOSING. Closing shall occur on or about , 20 . Seller shall deliver at closing a General Warranty Deed subject only to those liens and encumbrances"
"specifically set forth herein and a title policy and any other requested documents. Buyer shall pay any and all costs of such policy and the Closing costs for the transaction. Seller shall pay all utilities to the date of possession and any escrows shall be assigned to Buyer. No later than the end of closing on the Closing date defined herein, Seller shall surrender possession to the Property in broom clean condition and free of all personal items and debris. Seller agrees and understands that any personal property left on premises will be considered trash and will be disposed of without consideration to Seller. If Seller remains in possession after closing date and time, Seller shall be subject to removal by eviction proceeding.
7. SELLER HAS NO RIGHTS TO PROPERTY UPON CLOSING. At closing, Buyer
shall fulfill its duties under this Agreement upon the payment of all monies, less any credits, due to Seller or to an escrow agent. Buyer shall have the right to claim full ownership of the Property and at that time Seller will disclaim any right to ownership to the Property. Seller shall have no right to possession or repurchase of the property at a future time, and Buyer has made no representations, oral or in writing, express or implied, that seller may have the option or right to re-purchase the property at a later time.
8. ACCESS. Buyer shall be entitled a key and be entitled, upon no less than 24 hours notice to access to inspect, show other parties, including, but not limited to, partners, lenders, inspectors and/or contractors prior to Closing. Buyer may place an appropriate sign on the Property prior to Closing for prospective tenants and/or assignees.
9. ASSIGNMENT. Buyer may assign, without limitation this Agreement to any person or entity prior to Closing. Buyer may, at Buyer’s option, give notice to Seller within 48 hours of Buyer’s intent to assign this Agreement, and if Seller does not object in writing to such assignment, Buyer shall have no further duty to Seller under this Agreement. Assignment may also include Buyer taking title at closing in a different entity or trust as indicated in this Agreement, and Seller acknowledges, agrees and understands that by Buyer taking title in a different entity or trust, it us an assignment of this Agreement as stated above, and Buyer need not give Seller notice of any assignment prior to closing.
10. DUE ON SALE DISCLOSURE. Seller also understands that ANY existing security instrument (mortgage or deed of trust) not discharged or satisfied at transfer of title by the Buyer may have a “due on sale"" clause that may be exercised by the lender. The owner of the security instrument may, by right, choose to accelerate the loan and demand full payment from Seller for the amounts due under the loan. Buyer makes no promise, claim or representation that Buyer will discharge or assume liability for said obligations that are secured by said security instruments in event of such acceleration. In the event that said lender does accelerate said loan, Buyer may, at his option transfer title to the property back to seller by quitclaim without
recourse, but is not required to do so."
"11.SELLER’S ACKNOWLEDGMENTS (seller must initial below to each paragraph)."
"a. Seller understands that in engaging in this transaction Seller is giving up any equity that may exist in the property or any proceeds that may ensue from the sale of property, and is waiving all rights he/she/they may have under state law for cure or redemption of the property if the property is in foreclosure or otherwise in default.
(Seller’s initials)
b. Seller understands that Buyer is not acting as an agent or representative of Seller. Additionally, this Agreement in no way should be understood to create a partnership, joint venture, fiduciary, consultant, or any other business relationship between the parties except that of buyer and seller. Before signing this Agreement, Seller has been advised and given the opportunity to seek such advice before and after execution.
(Seller’s initials)
c. Buyer is authorized to keep and maintain insurance in place covering the Property upon COE and the Buyer can be added as an additional insured under existing policy or can secure new or additional insurance.
(Seller’s initials)
d. Seller acknowledges that Buyer may not be buying this Property to live in, but rather for investment, and may make a profit from this transaction in the renting or resale of the property, and Seller is satisfied with Buyer making and keeping all profits in doing so.
(Seller’s initials)
e. Seller understands that he/she cannot deduct mortgage interest paid by Buyer, even though he/she may continue to receive a form 1098 from the underlying lender(s).
(Seller's initials)
f. Seller understands that while he/she is transferring full and complete ownership of the Property to Buyer, the underlying loan obligation is still his/her obligation and will continue to appear on his/her credit report until it is paid off. Unless stated in writing in this Agreement, Buyer has made no promises or agreements to Seller that Buyer will pay off the underlying loan prior to its maturity.
(Seller's initials)"
"g. Seller understands, acknowledges, and agrees that any insurance proceeds related to any loss on the Property occurring after COE shall be paid to Buyer. Seller shall not be entitled to receive any insurance proceeds for any loss on the Property occurring after COE.
(Seller’s initials)
h. Seller acknowledges and agrees that Seller has reviewed and understands the disclosures made to Seller regarding the ""Subject To"" sale of the Property to Buyer, that selling the Property to the Buyer is in Seller's best interest and agrees to be bound by the terms of the Contract and all addendums thereto.
(Seller’s initials)
12. ENTIRE AGREEMENT.. This Agreement, together with other documents contemplated hereby constitute the final written expression of all of the agreements between the parties, and is a complete and exclusive statement of those terms. No addition to or modification of any provision of this Agreement shall be binding upon any party unless made in writing and signed by all parties. Seller understands that seller has no right or option to re-purchase or live in the property once ownership has been transferred to Buyer, and Buyer has made no representations, oral, in writing, express or by implication that Seller will have the opportunity to re-gain ownership of the property.
13. GOVERNING LAW.. This Agreement has not been approved by the real estate commission of the State of Iowa, and all questions relating to its validity, interpretation, performance and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the laws of such state.
14. SEVERABILITY. If any provision of this Contract or any portion of any provision of this Contract shall be deemed to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not alter the remaining portion of such provision, or any other provision hereof, as each provision of this Contract shall be deemed severable from all other provisions hereof.
15. DEFAULT; REMEDIES."
"a. Cure Period. If a party fails to comply or perform under this Contract, the other party shall deliver a notice to the breaching party specifying the non-compliance"
"(the “Cure Notice”). If the non-compliance is not cured within ten (10) calendar days after receipt of the Cure
Notice (the “Cure Period”), the failure to comply shall become a breach of this Contract.
b. Default by Seller. If Seller shall breach any of the terms or provisions of this Contract prior to COE, Buyer may proceed against Seller for any claim or remedy the Buyer may have in law or equity, which includes, but is not limited to, specific performance and/or damages.
c. Default by Buyer. If Buyer breaches this Contract, Seller accepts the Deposit as Seller’s sole right to damages.
d. Attorneys’ Fees. In any lawsuit and arbitration proceeding involving Seller or Buyer arising or in any way relating to this Contract, the prevailing party in such lawsuit or arbitration proceeding shall be awarded its reasonable attorneys’ fees whether incurred prior to or after the filing of such lawsuit or arbitration, attorneys' fees incurred to enforce this Contract, other fees, expenses and costs to enforce this Contract, litigation and arbitration costs, arbitration fees, and expert fees.
16. TIME IS OF THE ESSENCE. Time is of the essence with respect to the performance of all
terms, conditions and provisions of this Contract. All time periods set forth in terms of “days” refer to calendar days, unless otherwise specified as business days. Whenever notice must be given, documents delivered or an act done under this Contract on a day that is not a business day, the notice may be given, document delivered or act done on the next following business day. As used in this Contract, the term “business day” shall mean a date other than a Saturday, Sunday or legal holiday observed by Escrow Agent.
17. CHOICE OF LAW. This Contract shall be governed and enforced under the laws of the state where the Property is located without regard to any conflict of law provisions.
18. MEMORANDUM OF CONTRACT. Seller agrees that Buyer may execute, acknowledge and record a memorandum of this Contract in the form attached hereto as Exhibit B""(the ""Memorandum of Contract""), and, in the event Buyer elects to execute, acknowledge and record the Memorandum of Contract, Buyer shall execute, acknowledge and deliver to Escrow Agent a notice of termination and quitclaim deed of any interest in the Property. In the event the Memorandum of Contract is delivered to Escrow Agent for purpose of recording, Escrow Agent shall record the
Memorandum of Contract in the Official Records of the County upon instruction from"
"Buyer. Escrow Agent shall, upon proper cancellation or termination of this Contract and without further instruction from the Parties, record the Notice of Termination in the Official Records of the County.
19. ADDITIONAL TERMS. If there is a conflict between these Additional Terms and Conditions and any other term or condition in this Contract, then the Additional Terms and Conditions shall control.
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract as of the dates written below."
"APPROVED AND ACCEPTED BY SELLER
on :
SELLER:
Name:
Phone:
Email:
SELLER’S SPOUSE (if applicable):
By signing below, Seller’s spouse hereby consents to this Purchase Contract and Escrow Instructions and all addendums thereto.
Printed Name:_
Date:" "APPROVED AND ACCEPTED BY BUYER
on :
BUYER:
Name:_ Phone:_ Email:"
"EXHIBIT A
(Legal Description of Property, If Applicable)"
"EXHIBIT B (FORM MEMORANDUM AND NOTICE OF PURCHASE CONTRACT)
When recorded, return to:"
"MEMORANDUM AND NOTICE OF PURCHASE CONTRACT"
"THIS MEMORANDUM AND NOTICE OF PURCHASE CONTRACT (this ""Memorandum"") is
made as of the day of , 20 , by with"
" (""Buyer"") to provide notice of its Purchase Contract
as ""Seller"".
1. Buyer and Seller entered into that Purchase Contract and Escrow Instructions effective as of , 20 (the ""Purchase Contract""), whereby Seller provided Buyer with the right to purchase the real property legally described in Exhibit ""A"" attached hereto and incorporated herein by this reference (the ""Property"").
2. This Memorandum is being recorded in the Official Records of for the purpose of providing notice of the rights of Buyer to purchase the Property and is not intended to amend the Purchase Contract.
3. A fully executed copy of the Purchase Contract is in the possession of each of the parties hereto and in the possession of , as Escrow Agent, at the following address:
[TITLE COMPANY NAME] [ADDRESS]
[ADDRESS]
Attn: "
"4. In the event that the Purchase Contract is properly terminated, Escrow Agent is authorized to record a Quit Claim Deed and Notice of Termination of Purchase Contract, which Quit Claim Deed and Notice of Termination of Purchase Contract has been executed by Buyer and delivered to Escrow Agent simultaneously with the execution of this Memorandum.
[Signatures follow.]"
"IN WITNESS WHEREOF, this Memorandum has been executed as of the day and year first above written.
""BUYER"" [NAME]"
"By: "
"Its: "
"STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of , 20 by
, as a of [NAME OF BUYER] on behalf of the company.
Notary Public
My Commission Expires:"
"EXHIBIT A
(Legal Description for Memorandum and Notice of Purchase Contract)
TO BE SUPPLIED BY ESCROW AGENT"
"REAL ESTATE PURCHASE AGREEMENT"
"PURCHASE AGREEMENT dated this day of , 20 by (individually/collectively) as ""Seller"" whose mailing address is
, and , as ""Buyer"" whose mailing address is .
1. THE PROPERTY. The parties hereby agree that Seller will sell and Buyer will buy the following Property, located in and situated in the County of , to wit (enter legal description):
Unless specifically excluded, all other items will be included, whether or not affixed to the Property or structures. Seller expressly warrants that Property, improvements, building or structures, the appliances, roof, plumbing, heating and/or ventilation systems are in good and working order and that Seller owns such Property free and clear of any encumbrances except those specifically stated herein. This clause shall survive closing of title.
2. ENCUMBRANCES"
"a.The Property will be transferred subject the following liens:
SELLER WARRANTS that this/these is/are the only encumbrance(s) burdening the Property and any others unrecorded or undisclosed by Seller, including any unpaid bills that would give rise to a mechanic's lien, statutory lien, or other attachment, and such undisclosed debts shall be paid in full by Seller upon notice and Seller does hereby indemnify Buyer for any and all costs and fees associated with such encumbrances.
If such encumbrances are not paid at Closing, Seller shall execute any and all necessary documents including but not limited to a limited power of attorney given to Buyer or its agent, authorization to release information to Buyer or Buyer’s agent and other documents
necessary for Buyer to service the loan if Buyer so chooses."
"b. Buyer will pay only the purchase price for the Property and will not assume or pay off any liens
or underlying loans or other debts unless specifically stated in this agreement. Seller understands that any debts or liens now on the Property, if not paid off or satisfied may still be the Seller’s responsibility.
3. PURCHASE PRICE AND EARNEST MONEY."
"The total purchase price to be paid by Buyer will be $ paid as follows:"
"Earnest money deposit*" "$ "
"Loan payoff (approximate amount)" "$ "
"Approximate Existing 1st Mortgage" "$ "
"Amount to cure loan default (if any)" "$ "
"Seller financing if any***" "$ "
"Balance Due to/from Seller at Closing" "$ "
"To be paid into escrow with (escrow agent)."
"** All lien amounts are estimates based upon Seller’s disclosures and are subject to change. The Parties agree that the purchase price and credit may be adjusted to reflect the actual principal balance, including outstanding payments due on the loan but in no case will the purchase price be higher than the credit for taking the Property subject to the existing loan. In the event that the existing balance of the liens taken subject to are less than as stated herein, the purchase price shall be reduced accordingly, and any cash due seller at closing shall be reduced."
"*** Seller financing, if any, shall be a non-recourse note and deed of trust or mortgage to
seller which shall be a lien junior to all existing liens on the Property at Closing, and shall be prepared by purchase in advance of Closing for Seller to review containing the following terms:
AMORTIZATION. Payments amortized over years in the principal amount of $ bearing an interest rate of % per annum and requiring monthly payments of principal and interest in the amount of $ per month. Late payments beyond the day of the month shall bear a penalty of %.Balloon date (if any) shall be on 20 ."
"The purchase price shall include any and all of Seller’s rights to the current tax or insurance
escrows and this amount shall not be credited to Seller at Closing."
"4. INSPECTION AND MARKETABLE TITLE
a. Inspection. Buyer shall have the right to inspect all aspects of the Property, including, but not limited to, the physical condition of the property, the value of the property, the title, the encumbrances and any matters not shown by public record and shall have the right, up to the time of Closing to terminate this Agreement for any reason, in the Buyer's sole discretion. Upon such termination, all things of value given by Buyer shall be returned and the parties will have no further rights against each other with respect to this Agreement.
b. Damages to Premises. Seller warrants that when the sale is closed the improvements, if any, on the Property will be in the same location and condition as they are in on the date this Agreement is signed by Seller, natural wear and tear being excepted. However, should the premises be destroyed or substantially damaged before the Closing, then at the election of the Buyer, this Agreement may be cancelled; or Buyer may schedule and complete Closing and Seller shall assign any rights to any insurance proceeds or other claims or rights accruing before or after the transfer of the General Warranty Deed. This section shall survive Closing.
c. Marketable Title. Seller agrees to furnish at Closing marketable title to said Property and agrees to convey said Property by Warranty Deed to Buyer at Closing, subject only to the following liens:
5. EARNEST MONEY AND DEFAULT."
"a. Earnest money in the amount of $ shall be paid, at the sole discretion of Buyer, in good funds or as a promissory note to Seller.
b. If the transaction contemplated hereby fails to close solely due to a default by Buyer, the party shall have any further liability or obligation hereunder. This section shall apply also in the Deposit, if any, shall be retained by Seller as liquidated damages hereunder; thereafter, neither event that no earnest money was required by the Seller modified only in that no money shall be retained.
c. If the transaction contemplated hereby fails to close due to a default by Seller, the earnest money shall be returned to Buyer, without prejudice, however, subject to the right of Buyer to pursue all legal and equitable remedies available to Buyer, including, but not limited to, specific performance which will be an action to force the sale of the house under the terms of this Agreement.
6. CLOSING. Closing shall occur on or about , 20 . Seller shall deliver at closing a General Warranty Deed subject only to those liens and encumbrances"
"specifically set forth herein and a title policy and any other requested documents. Buyer shall pay any and all costs of such policy and the Closing costs for the transaction. Seller shall pay all utilities to the date of possession and any escrows shall be assigned to Buyer. No later than the end of closing on the Closing date defined herein, Seller shall surrender possession to the Property in broom clean condition and free of all personal items and debris. Seller agrees and understands that any personal property left on premises will be considered trash and will be disposed of without consideration to Seller. If Seller remains in possession after closing date and time, Seller shall be subject to removal by eviction proceeding.
7. SELLER HAS NO RIGHTS TO PROPERTY UPON CLOSING. At closing, Buyer
shall fulfill its duties under this Agreement upon the payment of all monies, less any credits, due to Seller or to an escrow agent. Buyer shall have the right to claim full ownership of the Property and at that time Seller will disclaim any right to ownership to the Property. Seller shall have no right to possession or repurchase of the property at a future time, and Buyer has made no representations, oral or in writing, express or implied, that seller may have the option or right to re-purchase the property at a later time.
8. ACCESS. Buyer shall be entitled a key and be entitled, upon no less than 24 hours notice to access to inspect, show other parties, including, but not limited to, partners, lenders, inspectors and/or contractors prior to Closing. Buyer may place an appropriate sign on the Property prior to Closing for prospective tenants and/or assignees.
9. ASSIGNMENT. Buyer may assign, without limitation this Agreement to any person or entity prior to Closing. Buyer may, at Buyer’s option, give notice to Seller within 48 hours of Buyer’s intent to assign this Agreement, and if Seller does not object in writing to such assignment, Buyer shall have no further duty to Seller under this Agreement. Assignment may also include Buyer taking title at closing in a different entity or trust as indicated in this Agreement, and Seller acknowledges, agrees and understands that by Buyer taking title in a different entity or trust, it us an assignment of this Agreement as stated above, and Buyer need not give Seller notice of any assignment prior to closing.
10. DUE ON SALE DISCLOSURE. Seller also understands that ANY existing security instrument (mortgage or deed of trust) not discharged or satisfied at transfer of title by the Buyer may have a “due on sale"" clause that may be exercised by the lender. The owner of the security instrument may, by right, choose to accelerate the loan and demand full payment from Seller for the amounts due under the loan. Buyer makes no promise, claim or representation that Buyer will discharge or assume liability for said obligations that are secured by said security instruments in event of such acceleration. In the event that said lender does accelerate said loan, Buyer may, at his option transfer title to the property back to seller by quitclaim without
recourse, but is not required to do so."
"11.SELLER’S ACKNOWLEDGMENTS (seller must initial below to each paragraph)."
"a. Seller understands that in engaging in this transaction Seller is giving up any equity that may exist in the property or any proceeds that may ensue from the sale of property, and is waiving all rights he/she/they may have under state law for cure or redemption of the property if the property is in foreclosure or otherwise in default.
(Seller’s initials)
b. Seller understands that Buyer is not acting as an agent or representative of Seller. Additionally, this Agreement in no way should be understood to create a partnership, joint venture, fiduciary, consultant, or any other business relationship between the parties except that of buyer and seller. Before signing this Agreement, Seller has been advised and given the opportunity to seek such advice before and after execution.
(Seller’s initials)
c. Buyer is authorized to keep and maintain insurance in place covering the Property upon COE and the Buyer can be added as an additional insured under existing policy or can secure new or additional insurance.
(Seller’s initials)
d. Seller acknowledges that Buyer may not be buying this Property to live in, but rather for investment, and may make a profit from this transaction in the renting or resale of the property, and Seller is satisfied with Buyer making and keeping all profits in doing so.
(Seller’s initials)
e. Seller understands that he/she cannot deduct mortgage interest paid by Buyer, even though he/she may continue to receive a form 1098 from the underlying lender(s).
(Seller's initials)
f. Seller understands that while he/she is transferring full and complete ownership of the Property to Buyer, the underlying loan obligation is still his/her obligation and will continue to appear on his/her credit report until it is paid off. Unless stated in writing in this Agreement, Buyer has made no promises or agreements to Seller that Buyer will pay off the underlying loan prior to its maturity.
(Seller's initials)"
"g. Seller understands, acknowledges, and agrees that any insurance proceeds related to any loss on the Property occurring after COE shall be paid to Buyer. Seller shall not be entitled to receive any insurance proceeds for any loss on the Property occurring after COE.
(Seller’s initials)
h. Seller acknowledges and agrees that Seller has reviewed and understands the disclosures made to Seller regarding the ""Subject To"" sale of the Property to Buyer, that selling the Property to the Buyer is in Seller's best interest and agrees to be bound by the terms of the Contract and all addendums thereto.
(Seller’s initials)
12. ENTIRE AGREEMENT.. This Agreement, together with other documents contemplated hereby constitute the final written expression of all of the agreements between the parties, and is a complete and exclusive statement of those terms. No addition to or modification of any provision of this Agreement shall be binding upon any party unless made in writing and signed by all parties. Seller understands that seller has no right or option to re-purchase or live in the property once ownership has been transferred to Buyer, and Buyer has made no representations, oral, in writing, express or by implication that Seller will have the opportunity to re-gain ownership of the property.
13. GOVERNING LAW.. This Agreement has not been approved by the real estate commission of the State of Iowa, and all questions relating to its validity, interpretation, performance and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the laws of such state.
14. SEVERABILITY. If any provision of this Contract or any portion of any provision of this Contract shall be deemed to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not alter the remaining portion of such provision, or any other provision hereof, as each provision of this Contract shall be deemed severable from all other provisions hereof.
15. DEFAULT; REMEDIES."
"a. Cure Period. If a party fails to comply or perform under this Contract, the other party shall deliver a notice to the breaching party specifying the non-compliance"
"(the “Cure Notice”). If the non-compliance is not cured within ten (10) calendar days after receipt of the Cure
Notice (the “Cure Period”), the failure to comply shall become a breach of this Contract.
b. Default by Seller. If Seller shall breach any of the terms or provisions of this Contract prior to COE, Buyer may proceed against Seller for any claim or remedy the Buyer may have in law or equity, which includes, but is not limited to, specific performance and/or damages.
c. Default by Buyer. If Buyer breaches this Contract, Seller accepts the Deposit as Seller’s sole right to damages.
d. Attorneys’ Fees. In any lawsuit and arbitration proceeding involving Seller or Buyer arising or in any way relating to this Contract, the prevailing party in such lawsuit or arbitration proceeding shall be awarded its reasonable attorneys’ fees whether incurred prior to or after the filing of such lawsuit or arbitration, attorneys' fees incurred to enforce this Contract, other fees, expenses and costs to enforce this Contract, litigation and arbitration costs, arbitration fees, and expert fees.
16. TIME IS OF THE ESSENCE. Time is of the essence with respect to the performance of all
terms, conditions and provisions of this Contract. All time periods set forth in terms of “days” refer to calendar days, unless otherwise specified as business days. Whenever notice must be given, documents delivered or an act done under this Contract on a day that is not a business day, the notice may be given, document delivered or act done on the next following business day. As used in this Contract, the term “business day” shall mean a date other than a Saturday, Sunday or legal holiday observed by Escrow Agent.
17. CHOICE OF LAW. This Contract shall be governed and enforced under the laws of the state where the Property is located without regard to any conflict of law provisions.
18. MEMORANDUM OF CONTRACT. Seller agrees that Buyer may execute, acknowledge and record a memorandum of this Contract in the form attached hereto as Exhibit B""(the ""Memorandum of Contract""), and, in the event Buyer elects to execute, acknowledge and record the Memorandum of Contract, Buyer shall execute, acknowledge and deliver to Escrow Agent a notice of termination and quitclaim deed of any interest in the Property. In the event the Memorandum of Contract is delivered to Escrow Agent for purpose of recording, Escrow Agent shall record the
Memorandum of Contract in the Official Records of the County upon instruction from"
"Buyer. Escrow Agent shall, upon proper cancellation or termination of this Contract and without further instruction from the Parties, record the Notice of Termination in the Official Records of the County.
19. ADDITIONAL TERMS. If there is a conflict between these Additional Terms and Conditions and any other term or condition in this Contract, then the Additional Terms and Conditions shall control.
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract as of the dates written below."
"APPROVED AND ACCEPTED BY SELLER
on :
SELLER:
Name:
Phone:
Email:
SELLER’S SPOUSE (if applicable):
By signing below, Seller’s spouse hereby consents to this Purchase Contract and Escrow Instructions and all addendums thereto.
Printed Name:_
Date:" "APPROVED AND ACCEPTED BY BUYER
on :
BUYER:
Name:_ Phone:_ Email:"
"EXHIBIT A
(Legal Description of Property, If Applicable)"
"EXHIBIT B (FORM MEMORANDUM AND NOTICE OF PURCHASE CONTRACT)
When recorded, return to:"
"MEMORANDUM AND NOTICE OF PURCHASE CONTRACT"
"THIS MEMORANDUM AND NOTICE OF PURCHASE CONTRACT (this ""Memorandum"") is
made as of the day of , 20 , by with"
" (""Buyer"") to provide notice of its Purchase Contract
as ""Seller"".
1. Buyer and Seller entered into that Purchase Contract and Escrow Instructions effective as of , 20 (the ""Purchase Contract""), whereby Seller provided Buyer with the right to purchase the real property legally described in Exhibit ""A"" attached hereto and incorporated herein by this reference (the ""Property"").
2. This Memorandum is being recorded in the Official Records of for the purpose of providing notice of the rights of Buyer to purchase the Property and is not intended to amend the Purchase Contract.
3. A fully executed copy of the Purchase Contract is in the possession of each of the parties hereto and in the possession of , as Escrow Agent, at the following address:
[TITLE COMPANY NAME] [ADDRESS]
[ADDRESS]
Attn: "
"4. In the event that the Purchase Contract is properly terminated, Escrow Agent is authorized to record a Quit Claim Deed and Notice of Termination of Purchase Contract, which Quit Claim Deed and Notice of Termination of Purchase Contract has been executed by Buyer and delivered to Escrow Agent simultaneously with the execution of this Memorandum.
[Signatures follow.]"
"IN WITNESS WHEREOF, this Memorandum has been executed as of the day and year first above written.
""BUYER"" [NAME]"
"By: "
"Its: "
"STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of , 20 by
, as a of [NAME OF BUYER] on behalf of the company.
Notary Public
My Commission Expires:"
"EXHIBIT A
(Legal Description for Memorandum and Notice of Purchase Contract)
TO BE SUPPLIED BY ESCROW AGENT"
"SALES AND PURCHASE AGREEMENT
1. The undersigned PURCHASER offers to purchase the property located at
.
The property shall include the land, all rights, privileges and easements, and all buildings and fixtures in their present condition.
2. PURCHASER agrees to pay for the property the sum of ; payable as follows:
(a) Earnest Money
(b)Cash, to be deposited in escrow, part or all of which may be proceeds of any mortgage secured by PURCHASER $
3. SELLER shall furnish a general warranty deed, in recordable form, conveying to PURCHASER, or nominee, good and marketable title to the property, with dower rights, of any, released, free and clear of all liens and encumbrances
4. Closing: All documents and funds necessary to close this transaction shall be placed in escrow with and the closing date shall be or sooner, except
if a defect in title appears. The Escrow/Title Agent shall charge SELLER any pay out of the purchase price: the real property transfer tax and any transfer fee and any amounts due to PURCHASER by reason of proration.
Escrow AND Title fee's to be paid by: PURCHASER
5. Additional Terms, Conditions, or Addenda attached hereto:
• Purchaser is buying the home ""AS-IS Where is, NO warranties expressed or implied as to the condition of the property"".
• In the event that this purchase does not close by or sooner than 02/02/2024
• after opened escrow. the SELLER will be entitled to EMD in escrow.
• Purchaser will pay ALL CLOSING COST. Other Agreement: N/A
Inspection Contingency: Buyer's obligation to complete this sale is contingent upon an inspection of the Premises to verify the acceptable to for at least the sales price by a walk-through and/or Pictures provided by Seller. If the Premises fails to inspect for the sales price, Buyer has five (5) days after notice of the verified value to cancel this Contract and receive a refund of the Earnest Money or the Inspection contingency shall be waived.
SALES AND PURCHASE AGREEMENT"
"Buyer Disapproval or Acceptance: During the Inspection Period Buyer will have the right to cancel this Contract for any reason, in the Buyer's sole discretion. Upon such cancellation, Buyer shall be entitled to a return of all earnest money deposits together with all interest earned thereon. Unless Buyer gives written notice of cancellation before the expiration of the Inspection Period, then Buyer will be deemed to have elected not to cancel this Contract. Seller grants Buyer and Buyer's inspectors, employees, and agents' reasonable access to conduct walkthroughs of the Property for the purpose of conducting any inspections of the Property Buyer may require.
Buyer Disclosure: Buyer is an LLC in the Business of Buying and Selling Real Estate for a Profit. Buyer may elect to Fix and Flip, Buy and Hold or Wholesale contract at Buyers sole discretion during the Inspection Period.
Seller Date
Seller Date
Buyer Date
Buyer Date"
"SALES AND PURCHASE AGREEMENT
1. The undersigned PURCHASER offers to purchase the property located at
.
The property shall include the land, all rights, privileges and easements, and all buildings and fixtures in their present condition.
2. PURCHASER agrees to pay for the property the sum of ; payable as follows:
(a) Earnest Money
(b)Cash, to be deposited in escrow, part or all of which may be proceeds of any mortgage secured by PURCHASER $
3. SELLER shall furnish a general warranty deed, in recordable form, conveying to PURCHASER, or nominee, good and marketable title to the property, with dower rights, of any, released, free and clear of all liens and encumbrances
4. Closing: All documents and funds necessary to close this transaction shall be placed in escrow with and the closing date shall be or sooner, except
if a defect in title appears. The Escrow/Title Agent shall charge SELLER any pay out of the purchase price: the real property transfer tax and any transfer fee and any amounts due to PURCHASER by reason of proration.
Escrow AND Title fee's to be paid by: PURCHASER
5. Additional Terms, Conditions, or Addenda attached hereto:
• Purchaser is buying the home ""AS-IS Where is, NO warranties expressed or implied as to the condition of the property"".
• In the event that this purchase does not close by or sooner than 02/02/2024
• after opened escrow. the SELLER will be entitled to EMD in escrow.
• Purchaser will pay ALL CLOSING COST. Other Agreement: N/A
Inspection Contingency: Buyer's obligation to complete this sale is contingent upon an inspection of the Premises to verify the acceptable to for at least the sales price by a walk-through and/or Pictures provided by Seller. If the Premises fails to inspect for the sales price, Buyer has five (5) days after notice of the verified value to cancel this Contract and receive a refund of the Earnest Money or the Inspection contingency shall be waived.
SALES AND PURCHASE AGREEMENT"
"Buyer Disapproval or Acceptance: During the Inspection Period Buyer will have the right to cancel this Contract for any reason, in the Buyer's sole discretion. Upon such cancellation, Buyer shall be entitled to a return of all earnest money deposits together with all interest earned thereon. Unless Buyer gives written notice of cancellation before the expiration of the Inspection Period, then Buyer will be deemed to have elected not to cancel this Contract. Seller grants Buyer and Buyer's inspectors, employees, and agents' reasonable access to conduct walkthroughs of the Property for the purpose of conducting any inspections of the Property Buyer may require.
Buyer Disclosure: Buyer is an LLC in the Business of Buying and Selling Real Estate for a Profit. Buyer may elect to Fix and Flip, Buy and Hold or Wholesale contract at Buyers sole discretion during the Inspection Period.
Seller Date
Seller Date
Buyer Date
Buyer Date"
"CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE"
"This agreement is made this day of , 20 , by and between
, hereafter called Seller(s) whose current address is
, and , hereafter called Buyer(s) whose current address is .
1. AGREEMENT TO SALE AND PURCHASE: The Seller(s) agrees to sell and Buyer(s) agree to buy the property described in this contract. All property sold by this contract is called the “Property”.
2. PROPERTY: The property consists of: (a) The land; (b) All building, other improvements and fixtures on the land if any; (c) All of the Seller’s rights relating to the land, 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, build-in security and fire equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment, build-in fireplace screens, artificial fireplace logs and all other property owned by Seller and attached to the below described real property. The real property to be sold is situated in the City of , County of and State if New Jersey, and is known by the street address of
and shown on the tax map of the as Block Lot .
3. PURCHASE PRICE: The agreed upon purchase price will be $
4. PAYMENT OF PURCHASE PRICE: The Buyer will pay the purchase price as follows: Deposit paid upon execution of contract ------------------------------------------------$ .
Balance to be paid at closing of title in cash or with certified funds (subject to adjustments at closing, if any, in accordance with this contract). --------------------------------------$ .
5. FINANCING: The following provisions apply with respect to financing: This is an all cash sale; this contract is not contingent on financing.
Page 1 of 6"
"6. CLOSING COSTS AND EXPENSES: Buyer shall pay all closing costs in the transaction including realty transfer tax fee, deed preparation fee and entire closing fee. Seller will not pay closing costs.
7. 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 pro-rations when tax statements for the current year are available.
8. EARNEST MONEY: All deposit monies will be held in a non-interest-bearing escrow account by South Jersey Settlement Agency, and will be paid in accordance with the following: (a) In the event that the transaction contemplated herein is closed in accordance with the provisions hereof, all deposit monies shall be paid to the Seller; (b) in the event that the Buyer shall default in the performance of its obligation hereunder, all deposit monies shall be paid to the Seller upon written demand therefore by the Seller stating the nature and particulars of the default, (c) in the event that the Seller shall default in the performance of its obligation hereunder, all deposit monies shall be paid to the Buyer upon written demand therefore by the Buyer stating the nature and particulars of the default, upon seven (7) days prior written notice to the Seller, unless in the event that subsequent to the default, the Seller shall cure such default and close in accordance with the terms hereof, in which case the deposit monies shall be paid to the Seller as a part of the purchase price; and (d) in the event that the parties shall agree in writing to terminate this Contract, the deposit monies shall be paid to whichever party is specified in such writing. In the event that a dispute shall arise with regard to the deposit monies, the Escrow Agent shall have the right to deliver the deposit monies less expenses due and payable to the title company to the Superior Court of County to be held by such Court until the dispute is resolved, upon such delivery, the Escrow Agent shall be relieved of all further obligations to either party with respect to such deposit monies. In addition, the Seller acknowledges that the Escrow Agent may or may not be the Buyers attorney and waives any right to the continued representation by the Escrow Agent of the Buyer in any action or proceeding involving the deposit monies or this transaction. Furthermore, if for any reason the title company cannot close the deal or parties decide for one reason or another decide not to proceed, it is understood that the title company can and will deduct the search and examination expense prior to release of any/all escrow money.
9. ACCESS: Seller to provide Buyer with permission to access property solely for purposes such as evaluation of repairs, appraisal of said property for securing financing and professional
Page 2 of 6"
advisement on resell of property. If property is vacant, Seller shall provide Buyer with a key to
access property specifically for the reasons above. Buyer may use lock boxes and marketing
materials on said property.
10. TIME AND PLACE OF CLOSING: The closing date shall be on or before
________________________, 20 _____, (the “Closing Date”) and the closing will be
coordinated by the title company holding escrow know as South Jersey Settlement Agency.
11. PROPERTY CONDITION: This Property is being sold strictly “As Is”/”Where Is”. The Seller
does not make any claims or promises about the condition or value of any of the Property,
including, but not limited to, environmental matters, suitability for construction of structures or
residences thereon, compliance with zoning codes, compliance with construction codes,
viability of the issuance of building permit with regard thereto, septic or potable water
suitability, or the financing requirements of the Buyer. The Seller, or anyone on behalf of the
Seller, makes no representations as to the Property’s precise acreage. BUYER acknowledges
and agree that it is purchasing the property in “as is” and “where is” condition, with any and all
faults and defects, whether latent or patent, and subject to ordinary wear and tear from the
date hereof through the closing date. BUYER acknowledges that it is not relying upon, and that
SELLER is not liable for or bound by, any express or implied warranties, guarantees, promises,
statements, representations or information regarding the property’s physical or environmental
condition, income, expenses, operation, use, compliance with laws, habitability,
merchantability, or fitness for a particular purpose, except as may be specifically set forth in
this contract.
12. MECHANICAL EQUIPMENT AND BUILT IN APPLIANCES: All such equipment is sold “as is”
without warranty. Any repairs needed to mechanical equipment or appliances, if any, shall be
the responsibility of Buyer.
13. SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS: is
required by Federal law for a residential dwelling prior to 1978. An addendum providing such
disclosure [ ] is attached [ ] is not applicable. 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 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.
14. TITLE AND CONVEYANCE: Title to be transferred by Seller to Buyer shall be good and
Page 3 of 6
marketable and insurable by any title insurance company of Buyer(s) choice licensed to do
business in the State of New Jersey, subject to easements and restrictions of record providing
the easement and restrictions do not render title uninsurable. If title is not insurable, the
Buyer’s sole remedy shall be to terminate this Contract, and upon termination all of the deposit
monies paid, if any, shall be returned to the Buyer. At the closing, the Seller will transfer
ownership of the Property to the Buyer. The Seller will give the Buyer a properly executed deed
and an adequate affidavit of title. The Buyer does not have to complete the purchase,
however, if any easement, restriction or facts disclosed by an accurate survey would
substantially interfere with the use of the Property for residential purposes. A title report shall
be provided to Seller at least [ ] days prior to closing. In the event Seller’s title shall contain
any exceptions other than set forth herein, Buyer shall notify Seller and Seller shall have 10
days within which to eliminate those exceptions. If Seller cannot remove those exceptions,
Buyer shall have the option to void this Contract or to proceed with closing of title with or
without any reduction in the purchase price. If Buyer elects to void this Contract, as provided in
the preceding sentence, the deposit money shall be returned to Buyer.
15. APPRAISAL, SURVEY AND INSPECTIONS: The Seller is selling the property strictly “As Is”.
The Buyer has not relied on any warranties or representations of the Seller as to the condition
of the property in entering into this contract. The Buyer shall be permitted to have any
inspections of the property and to have the property surveyed as deemed necessary by the
Buyer or the title company, at Buyer’s sole cost and expense. Seller agrees to permit the Buyer
on reasonable notice to Seller and prior to closing to have the Property surveyed, but if Buyer
wishes to conduct surveys it shall, prior to said survey, ascertain whether the property is safe to
be surveyed. The Seller shall not be liable to any person injured in the course of said surveys or
inspections and the Buyer agrees to hold harmless the Seller from any claim for injury or
property damage which arises from said surveys or inspections regardless of whether the Seller
was the cause in whole or in part of the condition which caused the injury.
16. POSSESSION: 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 right 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. The _____ shall obtain proper Certificate of
Occupancy/Smoke Detector Certification and or waiver for same as required by the
municipality.
17. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other
Page 4 of 6
casualty loss after the effective date of this contract, Buyer may either (a) terminate this
contract and the earnest money will be refunded to Buyer. (b) Buyer may accept the Property
in its damaged condition and move forward with the Purchase as set forth in this contract.
18. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may
either (a) seek such other relief as may be provided by law, or (b) terminate this contract and
receive the earnest money as liquidated damages, thereby releasing both parties from this
contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may
either (a) seek such other relief as may be provided by law, or (b) terminate this contract and
receive the earnest money, thereby releasing both parties from this contract.
19. ATTORNEY’S FEES: The prevailing party in any legal proceeding brought under or with
respect to the transaction described in this contract is entitled to recover from the nonprevailing
party all costs of such proceeding and reasonable attorney’s fees.
20. REPRESENTATIONS: Seller represents that as of the Closing Date there will be no liens,
assessments, or security against the Property which will not be satisfied out of the sales
proceeds.
21. ASSIGNMENT: Seller understands that this contract is assignable by Buyer without written
consent from Seller. Buyer may find an end-buyer and assign this agreement to that end-buyer
for a fee or profit (payable by end-buyer). In such case, Seller also understands that Buyer is
acting as a principle in the transaction and is not working as a licensed real estate broker
representing anyone in the transaction.
22. NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand-delivered at, or transmitted by facsimile machine as follows:
To Seller(s) at: To Buyer(s) at:
___________________________________ ___________________________________
Telephone (_____)____________________ Telephone(_____)____________________
Email:_______________________________ Email:______________________________
23. NO BROKER OR AGENTS: Both the Buyer and the Seller hereby represent and warrant to
the other that this is a For Sale By Owner and no real estate agents and/or commissions are
involved.
Page 5 of 6
24. ATTORNEY REVIEW: Both parties agree that the three (3) day attorney review period can
apply to this transaction if either party wishes to do so. This Contract was reviewed and
prepared by Buyer. While the terms and condition herein are non-negotiable and will not be
altered, it has been made available for review by prospective Seller(s) and their legal
representation prior to the signing of this agreement and the Closing Date itself.
25. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.
26. 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 be cancelled and the
earnest money returned to Buyer.
27. PRIOR AGREEMENTS: This contract incorporates all prior agreements between the parties,
contains the entire and final agreement of the parties, and cannot be changed except by their
written consent. Neither party has relied upon any statement or representation made by the
other party or any sales representative bringing the parties together. Neither party shall be
bound by any terms, conditions, oral statements, warranties, or representations not herein
contained. Each party acknowledges that he has read and understands this contract. 28.
OTHER PROVISIONS:
______________________________________________________________________________
______________________________________________________________________________
EXECUTED the _____ day of _________________________, 20 _____ (THE EFFECTIVE DATE).
___________________________________ __________________________________
Buyer’s Signature Date Seller’s Signature Date
___________________________________ __________________________________
Witness Date Witness Date
Page 6 of 6
ADDENDUM
ADDENDUM to Offer to Purchase dated, , A.D. 2001, between
, Seller and ,
Buyer and/or his assigns, buyer of property located at: .
1. The Terms and Conditions of this Addendum shall prevail in the event of conflict with the
terms and conditions of the attached Contract of Purchase and Sale.
2. The Seller agrees carry an open 2nd mortgage in the amount of $ , bearing
interest of % per annum, calculated semi-annually not in advance and repayable in
blended monthly payments of $ including both principle and interest for a term of
not less than years. This mortgage shall be amortized over 40 years. This
mortgage shall contain a clause allowing the Buyer the privilege of paying the whole or part
of the mortgage on any payment date or dates, without penalty and shall contain a further
clause allowing the transfer of this mortgage to any person, corporation or entity the Buyer
sells the property to. Said mortgage shall contain a clause permitting the renewal or
replacement of the existing 1st mortgage.
3. The Seller agrees to subordinate his mortgage to any new financing by the Buyer or any future
Buyer, so long as the combined value of both mortgages does not exceed the value of the
property.
4. Buyer will be given the first right of refusal to buy the Seller held mortgage under the same
terms and conditions s/he would accept from any other Buyer(s).
5. Buyer will provide automatic deposit into bank account of Seller’s choice, of said 2nd
mortgage payments, to on the 5th of each month.
6. The Seller(s) agrees to provide the Buyer(s) with a current rent roll for the last 2 years which
indicates name of tenant, telephone number of tenant, term of lease, deposit, last months rent
paid, address, copy of lease, amount of present rent, within 5 days of acceptance of this offer.
7. This offer is subject to Buyer’s inspection and/or Buyer's partners' inspection of the properties
and written acceptance of the condition of properties delivered to Seller(s), within days
of acceptance of this offer by the Seller(s). To include gas line inspection.
8. Buyer has the unqualified right to assign his interest in this contract prior to settlement to any
person, corporation or entity, which he may designate in his sole discretion.
9. It is agreed that existing Tenant/s may stay in property.
10. Subject to the approval of the Buyer’s partner(s) and lawyer.
11. The Seller(s) warrant that the rents shown herein are not unlawful under the provisions of
“The Residential Tenancies Act.”
12. The Seller(s) agrees to provide the Buyer(s) with a current Real Property Report/Survey or the
Seller(s) to provide title insurance, at the Seller(s) expense.
This Addendum, upon execution by both parties, is herewith made an integral part of aforementioned Offer to
Purchase.
Date executed by Buyer(s) .
_____________________________________ ______________________________________________
Witness. Buyer
____________________________________ ______________________________________________
Witness. Buyer
Date executed by Seller(s) .
_____________________________________ ______________________________________________
Witness. Seller
____________________________________ ______________________________________________
Witness. Seller
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING
REAL ESTATE PURCHASE AGREEMENT
(Subject to Existing Liens)
PURCHASE AGREEMENT dated this ___________ day of __________________, 20______ by
_________________________________________________________ (individually/collectively) as
"Seller" whose address is ______________________________________________________, and
_________________________________________________________________, as "Buyer" whose
address is ______________________________________________________________________.
1. THE PROPERTY. The parties hereby agree that Seller will sell and Buyer will buy the
following Property, located in and situate in the County of ___________________________, State
of __________________, to wit (enter legal description): _____________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Unless specifically excluded, all other items will be included, whether or not affixed to the Property or
structures. Seller expressly warrants that Property, improvements, building or structures, the appliances,
roof, plumbing, heating and/or ventilation systems are in good and working order and that Seller owns
such Property free and clear of any encumbrances except those specifically stated herein. This clause
shall survive closing of title.
2. ENCUMBRANCES
a. The Property will be transferred subject the following liens:
________________________________________________________________________________
(list all deeds of trust, taxes or HOA dues owed, other liens that will not be satisfied at closing)
________________________________________________________________________________
________________________________________________________________________________
SELLER WARRANTS that this/these is/are the only encumbrance(s) burdening the Property and any
others unrecorded or undisclosed by Seller, including any unpaid bills that would give rise to a
mechanic's lien, statutory lien, or other attachment, and such undisclosed debts shall be paid in full by
Seller upon notice and Seller does hereby indemnify Buyer for any and all costs and fees associated with
such encumbrances.
If such encumbrances are not paid at Closing, Seller shall execute any and all necessary documents
including but not limited to a limited power of attorney given to Buyer or its agent, authorization to
release information to Buyer or Buyer’s agent and other documents necessary for Buyer to service the
loan if Buyer so chooses.
b. Buyer will pay only the purchase price for the Property and will not assume or pay off any liens
or underlying loans or other debts unless specifically stated in this agreement. Seller understands that
any debts or liens now on the Property, if not paid off or satisfied may still be the Seller’s responsibility.
3. PURCHASE PRICE AND EARNEST MONEY.
The total purchase price to be paid by Buyer will be $___________ paid as follows:
Earnest money deposit* $___________
Loan payoff (approximate amount) $___________
Credit for taking Property subject to existing loans** $___________
Amount to cure loan default (if any) $___________
Seller financing if any*** $___________
Balance Due to/from Seller at Closing $___________
* To be paid into escrow with ____________________________ (escrow agent)
** All lien amounts are estimates based upon Seller’s disclosures and are subject to change. The Parties
agree that the purchase price and credit may be adjusted to reflect the actual principal balance, including
outstanding payments due on the loan but in no case will the purchase price be higher than the credit for
taking the Property subject to the existing loan. In the event that the existing balance of the liens taken
subject to are less than as stated herein, the purchase price shall be reduced accordingly, and any cash
due seller at closing shall be reduced.
*** Seller financing, if any, shall be a non-recourse note and deed of trust or mortgage to seller which
shall be a lien junior to all existing liens on the Property at Closing, and shall be prepared by purchase in
advance of Closing for Seller to review containing the following terms:
_________________________________________________________________________
_________________________________________________________________________
The purchase price shall include any and all of Seller’s rights to the current tax or insurance escrows and
this amount shall not be credited to Seller at Closing.
4. INSPECTION AND MARKETABLE TITLE
a. Inspection. Buyer shall have the right to inspect all aspects of the Property, including, but not
limited to, the physical condition of the property, the value of the property, the title, the encumbrances
and any matters not shown by public record and shall have the right, up to the time of Closing to
terminate this Agreement for any reason, in the Buyer's sole discretion. Upon such termination, all
things of value given by Buyer shall be returned and the parties will have no further rights against each
other with respect to this Agreement.
b. Damages to Premises. Seller warrants that when the sale is closed the improvements, if any, on
the Property will be in the same location and condition as they are in on the date this Agreement is
signed by Seller, natural wear and tear being excepted. However, should the premises be destroyed or
substantially damaged before the Closing, then at the election of the Buyer, this
Agreement may be cancelled; or Buyer may schedule and complete Closing and Seller shall assign
any rights to any insurance proceeds or other claims or rights accruing before or after the transfer of
the General Warranty Deed. This section shall survive Closing.
c. Marketable Title. Seller agrees to furnish at Closing marketable title to said Property and
agrees to convey said Property by Warranty Deed to Buyer at Closing, subject only to the following
liens:
_________________________________________________________________________
_________________________________________________________________________ 5.
EARNEST MONEY AND DEFAULT.
a. Earnest money in the amount of $_______________ shall be paid, at the sole discretion of Buyer,
in good funds or as a promissory note to Seller.
b. If the transaction contemplated hereby fails to close solely due to a default by Buyer, the Deposit,
if any, shall be retained by Seller as liquidated damages hereunder; thereafter, neither party shall
have any further liability or obligation hereunder. This section shall apply also in the event that
no earnest money was required by the Seller modified only in that no money shall be retained.
c. If the transaction contemplated hereby fails to close due to a default by Seller, the earnest money
shall be returned to Buyer, without prejudice, however, subject to the right of Buyer to pursue all
legal and equitable remedies available to Buyer, including, but not limited to, specific
performance which will be an action to force the sale of the house under the terms of this
Agreement.
6. CLOSING. Closing shall occur on or about __________________, 20____ at _______________00
in the AM PM. Seller shall deliver at closing a General Warranty Deed subject only to those liens and
encumbrances specifically set forth herein and a title policy and any other requested documents. Buyer
shall pay any and all costs of such policy and the Closing costs for the transaction. Seller shall pay all
utilities to the date of possession and any escrows shall be assigned to Buyer. No later than the end of
closing on the Closing date defined herein, Seller shall surrender possession to the Property in broom
clean condition and free of all personal items and debris. Seller agrees and understands that any personal
property left on premises will be considered trash and will be disposed of without consideration to
Seller. If Seller remains in possession after closing date and time, Seller shall be subject to removal by
eviction proceeding.
7. SELLER HAS NO RIGHTS TO PROPERTY UPON CLOSING. At closing, Buyer shall fulfill its
duties under this Agreement upon the payment of all monies, less any credits, due to Seller or to an
escrow agent. Buyer shall have the right to claim full ownership of the Property and at that time Seller
will disclaim any right to ownership to the Property. Seller shall have no right to possession or re
purchase of the property at a future time, and Buyer has made no representations, oral or in writing,
express or implied, that seller may have the option or right to re-purchase the property at a later time.
8. ACCESS. Buyer shall be entitled a key and be entitled, upon no less than 24 hours notice to access to
inspect, show other parties, including, but not limited to, partners, lenders, inspectors and/or
contractors prior to Closing. Buyer may place an appropriate sign on the Property prior to Closing for
prospective tenants and/or assignees.
9. ASSIGNMENT. Buyer may assign, without limitation this Agreement to any person or entity prior to
Closing. Buyer may, at Buyer’s option, give notice to Seller within 48 hours of Buyer’s intent to assign
this Agreement, and if Seller does not object in writing to such assignment, Buyer shall have no further
duty to Seller under this Agreement. Assignment may also include Buyer taking title at closing in a
different entity or trust as indicated in this Agreement, and Seller acknowledges, agrees and understands
that by Buyer taking title in a different entity or trust, it us an assignment of this Agreement as stated
above, and Buyer need not give Seller notice of any assignment prior to closing.
10. DUE ON SALE DISCLOSURE. Seller also understands that ANY existing security instrument
(mortgage or deed of trust) not discharged or satisfied at transfer of title by the Buyer may have a
“due on sale" clause that may be exercised by the lender. The owner of the security instrument
may, by right, choose to accelerate the loan and demand full payment from Seller for the amounts
due under the loan. Buyer makes no promise, claim or representation that Buyer will discharge or
assume liability for said obligations that are secured by said security instruments in event of such
acceleration. In the event that said lender does accelerate said loan, Buyer may, at his option
transfer title to the property back to seller by quitclaim without recourse, but is not required to do
so.
11. SELLER’S ACKNOWLEDGMENTS (seller must initial below to each paragraph).
a. Seller understands that in engaging in this transaction Seller is giving up any equity that may
exist in the property or any proceeds that may ensue from the sale of property, and is waiving all
rights he/she/they may have under state law for cure or redemption if the property if the property
is in foreclosure or otherwise in default.
____________ (Seller’s initials)
b. Seller understands that Buyer is not acting as an agent or representative of Seller. Additionally,
this Agreement in no way should be understood to create a partnership, joint venture, fiduciary,
consultant, or any other business relationship between the parties except that of buyer and seller.
This Agreement has been drafted by Buyer, for Buyer’s benefit. Before signing this Agreement,
Seller has been advised and given the opportunity to seek such advice before and after execution.
____________ (Seller’s initials)
c. At any time after transfer of title, Buyer may, at Buyer’s option, tender a quitclaim deed to
Seller subject to all existing liens and Seller shall waive any and all claims against Buyer. Buyer,
may, at Buyer’s option, record said deed with the County Clerk and Recorder’s Office but is in
no way obligated to do so.
____________ (Seller’s initials)
d. Seller acknowledges that Buyer is not buying this Property to live in, but rather for investment,
and may make a profit from this transaction in the renting or resale of the property,
and Seller is satisfied with Buyer making and keeping all profits in doing so. __________
(Seller's initials)
e. Seller understands that he/she cannot deduct mortgage interest paid by Buyer, even though
he/she may continue to receive a form 1098 from the underlying lender(s).
__________ (Seller's initials)
f. Seller understands that while he/she is transferring full and complete ownership of the Property
to Buyer, the underlying loan obligation is still his/her obligation and will continue to appear on
his/her credit report until it is paid off. Unless stated in writing in this Agreement, Buyer has
made not promises or agreements to Seller that Buyer will pay off the underlying loan prior to its
maturity, which is on __________, 20____.
__________ (Seller's initials)
g. Seller is satisfied with the terms and conditions of this Agreement and has agreed to sell the
Property because it is in Seller’s best interest to do so. Seller is signing this Agreement, without
duress, after being fully informed and with sufficient understanding of all terms and conditions
contained therein.
__________ (Seller's initials)
h. Seller understands that he/she may be selling the Property for less than its full market value
but has chosen to do so because circumstances dictate that an immediate sale, even at a
discounted price, is in Seller’s best interest. These reasons include, but are not limited to the
following (Seller to write in, example, “I cannot afford payments” and/or “I need a quick sale”):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
12. ENTIRE AGREEMENT. This Agreement, together with other documents contemplated hereby
constitute the final written expression of all of the agreements between the parties, and is a complete and
exclusive statement of those terms. No addition to or modification of any provision of this Agreement
shall be binding upon any party unless made in writing and signed by all parties. Seller understands that
seller has no right or option to re-purchase or live in the property once ownership has been transferred to
Buyer, and Buyer has made no representations, oral, in writing, express or by implication that Seller will
have the opportunity to re-gain ownership of the property.
13. GOVERNING LAW. This Agreement has not been approved by the real estate commission of the
State of _____________________________, and all questions relating to its validity, interpretation,
performance and enforcement (including, without limitation, provisions concerning limitations of
action), shall be governed by and construed in accordance with the laws of such state.
14. SEVERABILITY. If for any reason whatsoever, any one or more of the provisions of this
Agreement shall be held or deemed to be illegal, inoperative, unenforceable or invalid as applied to any
particular case or in all cases, such circumstances shall not have the effect of rendering such provision
illegal, inoperative, unenforceable or invalid in any other case or of rendering any of the other provisions
of this Agreement illegal, inoperative, unenforceable or invalid. Furthermore, in lieu of each illegal,
invalid, unenforceable or inoperative provision, there shall be added automatically, as part of this
Agreement, a provision similar in terms of such illegal, invalid, unenforceable or inoperative provision
as may be possible and as shall be legal, valid, enforceable and operative.
ADDITIONAL TERMS:
Executed this ____ day of ______________ 20_____ at ______ O’clock in the ____AM ____ PM
_________________________________ _______________________________ Seller
Seller
Address: __________________________ Address: __________________________ Phone:
__________________________ Phone: __________________________ Fax:
__________________________ Fax: __________________________
__________________________________
Buyer
Address: __________________________ Phone: ____________________________ Fax:
__________________________ E-mail: ___________________________
STATE OF _________________________ )
) ss:
COUNTY OF _______________________ )
This contract was sworn to and subscribed before me this ________ day of ______________,
20___________ by ___________________________________________________________________
____________________________________________________________ who signed by his/her/their
own free will.
_______________________________
NOTARY PUBLIC
STATE OF _____________________
{SEAL}
Authorization to Release Information
Authorization dated this day of , 20 .
Borrower(s):
Loan / Account #
Property Address
To:
and / or their agents / assigns.
I / We, the undersigned, hereby authorize you to release any information
regarding the above referenced loan / account to _ and / or
their agents / assigns. This form may be duplicated in blank and or sent via facsimile
transmission. This authorization is a continuous authorization for said persons to receive
information about this loan / account, including duplicates of any notices sent to me / us
regarding this account.
Borrower Borrower
SSN # SSN #
DOB: DOB: