Date______Revised 09/04 AGREEMENT TO PURCHASE AND SELL

Listing Firm Associate Phone

Selling Firm Associate Phone

Received by Designated Agent Date Time 1. PROPERTY DESCRIPTION: The undersigned agree to purchase and sell the property located at ______2. ______City ______Parish ______with the 3. following legal description: ______with legal description to prevail or as 4. described on attached exhibit. All real property and the improvements thereon sold by this is/are called “Property” and includes 5. the following, if any: all window treatments, screens and shutters, swings, wall to wall carpeting, bathroom mirrors, ceiling fans, 6. permanently installed heating and air conditioning units and equipment, lighting and plumbing fixtures, TV antennas, satellite dishes 7. (including indoor and outdoor attachments), mail boxes, water softeners, shrubbery and all other property owned by Seller and 8. permanently installed to the above described real property. Additional items include: ______9. ______Items excluded: ______10. Approximate Lot Size: ______11. MINERAL RESERVATION: Is Seller reserving the Mineral Rights? Yes No 12. If mineral rights are reserved, ______% of the mineral rights and/or royalty interest currently owned by Seller will be reserved by Seller 13. in the final act of sale, and Seller agrees to waive the right to use the surface for any mineral related activity. 14. PRICE: The described property is being sold and purchased for the sum of ______15. ______$ ______. 16. TERMS OF SALE: (check only one) 17. CASH at Act of Sale. Buyer shall furnish Seller with written verification of purchase funds within _____ days of acceptance of this 18. agreement. Failure to provide such verification shall be considered a breach by Buyer. 19. NEW FINANCING: FHA VA CONV OWNER OTHER 20. (A). Cash down payment at closing in the amount of $ ______21. (B). First mortgage note in the amount of $ ______payable with the following terms and 22. conditions: ______. 23. SALE WITH ASSUMPTION OF MORTGAGE: See attached addendum. 24. FINANCING CONTINGENCY: This sale is conditioned upon the ability of Buyer to borrow the amount(s) stated above. Buyer shall 25. apply for all financing within ______calendar days from the effective date of this contract and shall make every reasonable effort 26. to obtain approval. If all financing cannot be approved by ______(Date), this contract shall terminate unless a 27. written extension is signed by both parties. (See lines 108-113 regarding deposit). Buyer’s failure to either apply for said loan(s) or to 28. have the stated down payment shall not void this contract, but shall be considered a breach hereof. Commitment by lender to make loan 29. subject to approval of title shall constitute approval of loan. 30. APPRAISAL: This sale is NOT conditioned on appraisal. This sale IS conditioned on appraisal. In the event the appraised price 31. is less than the sales price, the Buyer has the right to pay the additional cash down payment if required by the Lender and accept the 32. property with the knowledge of the appraised price. In the event the Buyer will not agree to this, then the Seller has the right to reduce 33. the sales price to the appraised price. The Seller and Buyer may, however, agree to share the difference in appraised price and sales price 34. in any manner mutually agreeable. In the event none of these options are acceptable to Buyer and Seller, then this contract shall become 35. null and void. (See lines 108-113 regarding deposit). 36. CLOSING: The closing of the sale will take place on the ______day of ______, 20____ , or sooner if 37. mutually agreed in writing between Seller and Buyer. Seller and Buyer shall agree to any extension to the date in writing. 38. BUYER OCCUPANCY: Occupancy will be upon execution of the Act of Sale unless otherwise agreed to in writing between the parties. 39. CLOSING COSTS: Seller, or Buyer agrees to pay a discount fee on a new loan of ______%. PMI/MIP (if applicable) 40. to be paid by Seller, Buyer. Tax service, underwriting and other fees not allowed to be paid by Buyer in FHA and VA loans are to 41. be paid by Seller. Tax service, underwriting and some other fees are not considered closing costs in FHA and VA loans. All pre-paid 42. items, including but not limited to interest, hazard insurance policy and flood insurance policy, if required by lender, shall be at the 43. expense of the Buyer. Should Buyer’s lending institution require a survey of the property, the Seller Buyer agrees to pay the cost 44. of the same. Origination fee to be paid by Seller Buyer. All other closing costs, including but not limited to attorney’s fees, are to 45. be paid by Seller, Buyer. The taxes for the current year are to be prorated. Exceptions to this are as follows: ______46. ______. All special assessments bearing against the property, other than those to be assumed as of the 47. date of sale are to be paid by Seller. 48. TITLE: In the event curative work in connection with the title is required, Seller shall pay all costs and attorney’s fees related thereto 49. and the parties agree to and do extend the date for passing the Act of Sale to a date not more than 30 days from the stated date of closing. 50. Title shall be merchantable or this contract is null and void, reserving unto Buyer the right to demand the return of the deposit, (see lines 51. 108-113 regarding deposit), and to recover from Seller actual costs incurred in processing the sale, including reasonable attorney’s fees 52. and costs if Buyer retains a to enforce this provision. An owner’s policy of title insurance without exceptions in the amount of 53. the purchase price paid by the Seller from a company qualified to do business in the State of would, however, satisfy any 54. objection to such title. 55. PROPERTY CONDITION/INSPECTION: Acknowledgment: Buyer acknowledges that the price of the Property was negotiated based 56. upon the Property’s present condition. Accordingly, Seller is not obligated to make repairs to the Property, unless otherwise stated here and 57. Buyer has no right to demand repairs, including repairs required by Lender. The Seller is responsible for maintaining the Property in 58. substantially the same or better condition, as it was when this Agreement to Purchase and Sell was fully executed. 59. Inspections: Within ______calendar days, commencing the first day after acceptance of this Agreement, Buyer may, at his 60. expense, have any inspections made by experts or others of his choosing. Such inspections may include, but are not limited to, the 61. condition of the heating, cooling, plumbing, electrical and gas systems, and any built in appliances; swimming pool and related equipment; 62. the roof and the basement, including leaks therein; the age, square feet, or area of the property or improvements; construction materials 63. including floors; structural condition; private water and sewage systems; utility and sewer or septic tank availability and condition; school 64. district; flood zone classification; current zoning and/or subdivision restrictive covenants; any matter affecting the character of the neigh- 65. borhood; inspections for termites or other wood destroying insects and/or damage from same; mold and fungi; structures; foundation; 66. roofing; and analysis of synthetic stucco. Seller agrees to provide utilities for all inspections. Failure to make inspections within the time 67. period stated above shall be deemed as acceptance of the Property’s present condition by Buyer. 68. Inspection results: In the event the inspections reveal the need for repairs and/or treatments are less than $______, the parties shall 69. proceed to the closing. Should the inspections reveal repairs/treatments exceeding the amount specified, then the Buyer shall declare in 70. writing one of the following options: (1) proceed to closing with the knowledge of the revealed repairs/treatments and the cost of same, 71. (2) declare the contract null and void and request the return of the deposit; (see lines 108-113 regarding deposit) or (3) deliver to Seller a 72. copy of the inspection(s) report and a written list of the requested repairs/treatments and estimated costs to correct no later than the last 73. day of the inspection(s) period as stated on line fifty-nine (59). Upon receipt, Seller shall have ______calendar days to agree in writing to 74. one of the following options: (1) complete and pay for the repairs/treatments to make functional and operational those items requested by Initial/s ______Page 1 of 2 Initial/s ______Excerpts from the Civil Code

Art. 2520. Warranty against redhibitory defects. The seller warrants the buyer against redhibitory defects, or vices, in the thing sold.

A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale.

A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price.

The warranty against redhibitory vices can be avoided only by an express and explicit waiver.

This and the other Civil Code Articles on redhibition do not apply to to sell.

The Articles on redhibition do not apply to hidden defects discovered in a new home governed by the New Home Warranty Act.

Art. 2521. Defects that are made known to the buyer or that are apparent. The Seller owes no warranty for defects in the thing that were known to the buyer at the time of the sale or for defects that should have been discovered by a reasonably prudent buyer of such things.

Art. 2524. Thing fit for ordinary use. The thing sold must be reasonable fit for its ordinary use.

When the seller has reason to know the particular use the buyer intends for the thing or the buyer’s particular purpose for buying the thing, and that the buyer is relying on the seller’s skill or in selecting it, the thing sold must be fit for the buyer’s intended use or for his particular purpose.

If the thing is not so fit, the buyer’s rights are governed by the general rules of conventional obligations.

Art. 2541. Reduction of the price. A buyer may choose to seek only reduction of the price even when the redhibitory defect is such as to give him the right to obtain rescission of the sale.

In an action for rescission because of a redhibitory defect the may limit the remedy of the buyer to a reduction of the price.

The price reduction that may be demanded under this Article is the difference between the sale price and the price that a reasonable buyer would have paid if he had known of the defects.

Under this Article, one of the principal elements in formulating a reduction of the purchase price is the cost of repairs.

Under this Article, in sales of immovable property, the amount to be awarded is the amount necessary to convert an unsound structure into a sound one.

This is not to be used in lieu of legal . The material is presented for informational purposes only. Specific questions should be referred to your attorney. Revised 09/04 75. the Buyer; (2) give the Buyer a credit at closing to cover the costs of the requested repairs/treatments, if allowed by lender, or (3) to 76. declare the contract null and void and return the Buyer’s deposit. (See lines 108-113 regarding deposit). Buyer shall have the right within 77. five (5) days prior to the Act of Sale, or occupancy, which ever occurs first, to verify that the repairs to be made as per the inspection 78. have been made and/or to verify that no material changes have occurred to the property. 79. SELLER WARRANTY AGAINST LATENT DEFECTS: (Check One) Subject to the terms and conditions contained in the section 80. titled “Property Condition”, the following conditions shall apply: 81. (A). With Warranties: Seller and Buyer acknowledge that this sale shall be with full seller warranties as to any claims or causes of 82. action for redhibition pursuant to Louisiana Civil Code Articles 2520,et seq. and/or Civil Code Articles 2541, et seq. 83. (B). “As Is” Without Warranties: Seller and Buyer hereby acknowledge and recognize that the property being sold and purchased is 84. to be transferred in “as is” condition, and Buyer does hereby relieve and release Seller from any and all claims for any vices or 85. defects in said property, whether obvious or latent, known or unknown and particularly for any claims or cause of action for 86. redhibition pursuant to Louisiana Civil Code Articles 2520,et seq., or for diminution of purchase price pursuant to Louisiana Civil 87. Code Articles 2541, et seq. Additionally, Buyer agrees and acknowledges that this sale is made without warranty of fitness for any 89. ordinary or particular use pursuant to Louisiana Civil Code Article 2524, (see reverse of pg. 1). 90. (C). New Home Warranties: Notwithstanding lines 83-92 and irrespective of whether A or B above is checked, if the property is a 91. new construction, the parties agree that neither A nor B will apply but instead the provisions of the New Home Warranty Act (LSA- 92. R.S. 9:3141 et seq.) shall apply. (See reverse of page 2). 93. HOME SERVICE WARRANTY PROGRAM: A home service warranty plan will be purchased at the closing of sale at a cost not to 94. exceed $______, to be paid by Buyer, Seller, Neither, and ordered by ______95. (Agent/ Broker). It is understood that Agent/Broker may receive compensation from the home warranty company. The home service 96. warranty plan does not warrant pre-existing defects and options, and does not supersede or replace any other inspection clause or 97. responsibilities. 98. If neither Buyer nor Seller accepts the home service warranty plan, they declare that they have been made aware of the existence of such 99. a plan and its advantages by the Broker, and further declare they hold Agent/Broker harmless from any responsibility or liability due to 100. their rejection of such a plan. 101. DISCLAIMER: Neither the Seller, nor Agent/Broker, make any representation or warranties regarding the condition of the property 102. except to the extent expressly and specifically set forth herein. Buyer has the obligation to determine any and all conditions of the 103. property material to the Buyer’s decision to buy the property. Agent/Broker has acted only as real brokers to bring the parties 104. together and will in no case be liable for performance or non-performance of any part of this agreement for any warranty of this nature. 105. Additionally, Agent/Broker is not responsible for any oral representations made by Agent/Broker to Buyer or Seller, and Buyer and 106. Seller acknowledge that they either had or will have an opportunity to investigate all pertinent facts and to seek advice from any other 107. professionals, regarding those items stated in lines 61-66. 108. DEPOSIT: Upon acceptance of this offer, the Seller and Buyer shall be bound by all terms and conditions and Buyer becomes obligated 109. to deposit $______immediately with ______. Failure by Buyer to do so shall be 110. considered a breach of this agreement. If a Broker is holding any deposit and the parties fail to execute an Act of Sale by the date 111. specified herein, and/or the parties do not agree to a mutual release of the deposit, the deposit shall be disbursed in accordance with the 112. Louisiana Real Estate license and Chapter 29 of the Rules and of the Louisiana Real Estate Commission regarding 113. deposits. 114. BREACH OF AGREEMENT BY SELLER: In the event Seller breaches this agreement, for any reason other than inability to deliver 115. a merchantable title, Buyer shall have the right to demand specific performance; or at Buyer’s option, Buyer shall have the right to 116. demand the return of his/her deposit in full, plus an equal amount to be paid as a penalty by Seller. 117. BREACH OF AGREEMENT BY BUYER: In the event Buyer breaches this agreement, Seller shall have the right to demand specific 118. performance; or at Seller’s option, Seller shall have the right to re-offer the property for sale and may declare the deposit forfeited to the 119. Seller without formality beyond written tender of title to Buyer. 120. ATTORNEY’S FEES: Should either party institute legal proceedings to enforce the terms or conditions of this Agreement, the 121. prevailing party shall be entitled to recover all of its reasonable attorney’s fees, costs, and other expenses reasonably and necessarily 122. incurred. 123. MOLD RELATED HAZARDS: An informational pamphlet regarding common mold related hazards that can affect real property is 124. available at the EPA website http://www.epa.gov/iaq/molds/index.html. Purchaser acknowledges that the real estate agent has provided 125. Purchaser with the EPA website enabling Purchaser to obtain information regarding common mold related hazards. 126. STATE SEX OFFENDER AND CHILD PREDATOR REGISTRY: Persons who have plead guilty or been convicted of any sex offense 127. are required to register with the Sheriff of the Parish in which they reside. The Louisiana Bureau of Criminal Identification and Information 128. maintains a State Sex Offender and Child Predator Registry, which is a public access database that provides the locations of individuals who 129. are required to register pursuant to La.R.S. 15:540 et seq. Sheriff’s Departments and Departments serving over 450,000 130. also maintain this information. You can contact the State Sex Offender and Child Predator Registry by calling (800) 858-0551 or (225) 131. 925-6100 or by mail at P.O. Box 66614, Mail Slip #18, Baton Rouge, Louisiana 70896. The State Sex Offender and Child Predator 132. Registry can also be accessed online at www.lasocpr.lsp.org/socpr/. The online database can be searched by zip code, city, parish or 133. offender name and it contains addresses, pictures and conviction records for registered offenders. You can also e-mail State Services at 134. [email protected] for more information. The information in this notice shall not give rise to any cause of action against the 135. disclosing party by a registered sex offender or other parties to the transaction. 136. OTHER CONDITION(S) OF SALE: Attach separate sheet. 137. OFFER: In the event this offer is not accepted by the Seller herein above described by ______(DATE) 138. ______AM/PM (TIME) this offer shall be deemed revoked. 139. CONTRACT: This is a legally binding contract when signed by both Seller and Buyer. READ IT CAREFULLY. If you do not 140. understand the effect of any part seek legal advice before signing. Buyer has read and acknowledged receipt of a copy of this offer. 142. This agreement and any supplement, addendum or modification relating hereto, including any photocopy or facsimile thereof, may be 143. executed in two or more counterparts, all of which shall constitute one and the same writing. 144. ENTIRE AGREEMENT: This contract constitutes the entire agreement between the parties, and any other agreements not incorporated 145. herein in writing are void and of no force and effect.

146. BUYER (Signature) DATE/TIME BUYER (Signature) DATE/TIME

147. Typed/Printed Full Legal Name Social Sec. # Typed/Printed Full Legal Name Social Sec. # 148. Accepted: (check A or B) (A) as written: (B) as per counter offer or addendum or exhibit attached hereto and made a part hereof this ______day of______, 20_____ at ______(time). The undersigned has read and acknowledges receipt of a copy of this agreement and authorizes Broker to deliver a signed copy to the Buyer.

149. SELLER (Signature) DATE/TIME SELLER (Signature) DATE/TIME

150. Typed/Printed Full Legal Name Social Sec. # Typed/Printed Full Legal Name Social Sec. # • N/A as it appears within this agreement denotes “Not Applicable.”

Page 2 of 2 NEW HOME WARRANTY ACT

3141. PURPOSE. The finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes in Louisiana and by providing for the use of home owners’ insurance as additional protection for the public against defects in the construction of new homes. This need can be met by providing a warranty for a new home purchaser defining the responsibility of the builder to that purchaser and subsequent purchasers during the warranty periods provided herein. The warranty, which is mandatory in most cases, shall apply whether or not building code are in effect in the location of the structure, thereby promoting uniformity of defined building standards. Additionally, all provisions of this Chapter shall apply to any defect although there is no building standard directly regulating the defective workmanship or materials. 3142. SHORT TITLE. This Chapter shall be known and may be cited as the “New Home Warranty Act.” 3143. DEFINITIONS. For purposes of this Chapter the following words, phrases, and terms shall be defined and construed as follows: (1) “Builder” means any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or any addition thereto, including a home occupied initially by its builder as his residence. A person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or any addition thereto, is a “builder,” whether or not the consumer purchased the underlying real estate with the home. (2) “Building standards” means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the parish, city, or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the parish, city, or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance. (3) “Home” means any new structure designed and used only for residential use, together with all attached and unattached structures, constructed by the builder whether or not the land was purchased from the builder. Such term includes structures containing multiple dwellings or residences. (4) “Initial purchaser” means any person for whom a home is built or the first person to whom a home is sold upon completion of construction. (5) “Major structural defect” means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary, or is otherwise unlivable: (a) Foundation systems and footings, (b) Beams, (c) Girders, (d) Lintels, (e) Columns, (f) Walls and partitions, (g) Floor systems, (h) Roof framing systems. (6) “Owner” means the initial purchaser of a home and any of his successors in title to a home during the time the warranties provided under this Chapter are in effect. (7) “Warranty commencement date” means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first. 3144. WARRANTIES/EXCLUSIONS. A. Subject to the exclusions provided in R.S. 9:3144(B), every builder warrants the following to the owner: 1. One year following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards. 2. Two years following the warranty commencement date, the plumbing, electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture, and equipment will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards. 3. Five years following the warranty commencement date, the home will be free from major structural defects due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards. B. Unless the parties otherwise agree in writing, the builder’s warranty shall exclude the following items: 1. Fences, landscaping, including, but not limited to, sodding, seeding, shrubs, existing and new trees, and plantings, as well as off-site improvements, all driveways and walkways, or any other improvement not a part of the home itself. 2. After the first year, the concrete floor of a basement and the concrete floor of an attached or unattached garage that is built separate from a foundation wall or other structural element of the home. 3. Damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home. 4. Any damage to the extent it is caused or made worse by any of the following: (a) Negligence, improper maintenance, neglect or improper operation by anyone other than the builder or any employee, agent, or subcontractor of the builder. (b) Failure by anyone other than the builder or any employee, agent, or subcontractor of the builder to comply with the warranty requirements of manufacturers of appliances, equipment, or fixtures. (c) Failure by the owner to give written notice by registered or certified mail to the builder of any defect within the time set forth in R.S. 9:3145. However, the provisions of this Subparagraph shall not be construed to change either the warranty periods enumerated in Subsection A of this Section or the notice requirements provided by R.S. 9:3145. (d) Any change of the grading of the ground by anyone other than the builder, or any employee, agent, or subcontractor of the builder. (e) Any change, alteration, or addition made to the home by anyone after the initial occupancy by the owner, except any change, alteration, or addition performed by the builder, or any employee, agent, or subcontractor of the builder. (f) Dampness, condensation or other damage due to failure of the owner to maintain adequate ventilation or drainage. 5. Any loss or damage which the owner has not taken timely action to minimize. 6. Any defect in, or any defect caused by, materials or work supplied by anyone other than the builder, or any employee, agent, or subcontractor of the builder. 7. Normal wear and tear or normal deterioration. 8. Loss or damage which does not constitute a defect in the construction of the home by the builder, or any employee, agent or subcontractor of the builder. 9. Loss or damage resulting from war, accident, riot and civil commotion, water escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind driven water, and changes in the level of the underground water table which are not reasonably foreseeable. 10. Any damage caused by soil movement which is covered by other insurance. 11. Insect damage. 12. Any loss or damage which arises while the home is being used primarily for a nonresidential purpose. 13. Any condition which does not result in actual physical damage to the home. 14. Bodily injury or damage to personal property. 15. Any cost of shelter, transportation, food, moving, storage or other incidental expense related to relocation during repair. 16. Any defect not reported in writing by registered or certified mail to the builder or insurance company, as appropriate, prior to the expiration of the period specified in Subsection A of this Section for such defect plus thirty days. 17. Consequential damages. 18. Any loss or damage to a home caused by soil conditions or soil movement if the home is constructed on land owned by the initial purchaser and the builder obtains a written waiver from the initial purchaser for any loss or damage caused by soil conditions or soil movement. 19. Mold or mold damage. C. The provision of R.S. 9:3144(A) establish minimum required warranties and shall not be waived by the owner or reduced by the builder provided the home is a single or multiple family dwelling to be occupied by an owner as his home. 3145. REQUIRED NOTICE. Before undertaking any repair himself or instituting any action for breach of warranty, the owner shall give the builder written notice, by registered or certified mail, within one year after knowledge of the defect, advising him of all defects and giving the builder a reasonable opportunity to comply with the provisions of this Chapter. The builder shall give the owner written notice of the requirements of this Chapter at the time of the closing. 3146. PEREMPTION. Any action to enforce any warranty provided in this Chapter shall be subject to a peremptive period thirty days after the expiration of the appropriate time period provided in R.S. 9:3144. 3147. INSURANCE. All or part of the builder’s obligation under any warranty required in this Chapter may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state. 3148. TRANSFER OF WARRANTY AND INSURANCE. Any warranty imposed under the provisions of this Chapter and any insurance benefit shall automatically transfer without charge, to a subsequent owner who acquires title to the home. Any transfer of the home shall not extend the duration of any warranty or insurance coverage. 3149. VIOLATIONS/LIMITATIONS. A. If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out of the violation. The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home. B. The parties may provide for the arbitration of any claim in dispute. Any arbitration shall comply with, and may be binding only to the extent provided in R.S. 9:4201 et seq. 3150. EXCLUSIVENESS. This Chapter provides the exclusive remedies, warranties, and peremptive periods as between builder and owner relative to home construction and no other provisions of law relative to warranties and redhibitory vices and defects shall apply. Nothing herein shall be construed as affecting or limiting any warranty of title to land or improvements.