Contract to Purchase Real Estate

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Contract to Purchase Real Estate

Contract to Purchase and Sell Real Estate

This Contract to Purchase and Sell Real Estate (hereinafter referred to as “Contract”) is entered into on this ______day of ______, 20_____.

I/We, the undersigned, offer to purchase from Seller the following described real estate, together with all improvements thereon and all appurtenant rights, located at , in the County of ______- ______, and more fully described in the attached Exhibit A, which is incorporated herein by reference.

The above described real estate shall include all land and appurtenant rights, also all buildings, fixtures, heating, electrical and plumbing fixtures and facilities, window shades, venetian blinds, awnings, curtain rods, screens, storm windows and storm doors, wall-to-wall carpeting, stair carpeting, built-in- kitchen appliances, landscaping and shrubbery, and attached radio and/or television aerials, EXCEPT

The purchase price is $ (______DOLLARS), payable in cash, cashier’s check or other certified funds at closing.

Financing Contingency:______.

Other Contingencies:______

Upon acceptance of this contract (“Contract”), I/we shall deposit earnest money in the amount of $ (“Earnest Money”) with (“Escrow Agent”), to be held in a trust account pending Closing. The Earnest Money shall be disbursed as follows: (i) if Seller fails or refuses to perform, or any contingency of Buyer is not satisfied or waived by Buyer, the Earnest Money shall be returned to Purchaser; or (ii) if the transaction is closed, the Earnest Money shall be applied to Purchase Price or as directed by Buyer. In the event of a dispute over the disposition of the Earnest Money, the Escrow Agent shall retain the Earnest Money until (i) Purchaser and Seller have delivered joint written instructions to the holder; (ii) disposition has been ordered by a final court order; or (iii) the holder thereof deposits the Earnest Money with the court pursuant to applicable court rules or by the rules of any arbitration procedure. Both Purchaser and Seller acknowledge and agree that the Escrow Agent will not make a determination as to which party is entitled to the Earnest Money. This clause is subject to any remedy available to the Escrow Agent by law.

Title to the above described real estate is to be conveyed by Warranty Deed with release of dower on or before the ______day of ______, 20____; said title to be free, clear and unencumbered, free of building orders, subject to zoning regulations of record, and except easements and restrictions of record, and EXCEPT

Possession is to be given on or before

Seller agrees to pay all taxes and assessments pro-rated through the date of closing, any conveyance tax, deed preparation; and

Purchaser assumes and agrees to pay taxes and assessments after date of closing. Purchaser agrees to pay all other usual and customary closing costs including cost of Settlement Fee, Title Exam, Title Insurance and Recording, as well as

Rental and operating expenses shall be prorated as of the date of transfer of title.

Seller agrees that at the time of transfer of title, the above-described real estate, and all items thereof, will be in the same condition as on the date of this offer, reasonable wear and tear excepted.

This offer, when accepted, shall constitute a binding contract between the undersigned parties for the purchase and sale of the real estate described herein; thereby binding the parties, their heirs, personal representatives, executors, administrators, and assigns.

Upon acceptance, this contact comprises the entire agreement of Purchaser and Seller, and it is agreed that no other representations or agreements have been made or relied upon.

Purchaser has ( ) has not ( ) received the Seller’s disclosure of any lead-based paint or lead- based paint hazards known to Seller on the Real Estate. Purchaser has ( ) has not ( ) received the pamphlet “Protect Your Family From Lead in Your Home.” Every Purchaser of any interest in residential real property on which a residential dwelling unit was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. If the dwelling unit was built prior to 1978, Buyer has the right to inspect for lead, at Purchaser’s cost, for ten (10) days following Contract acceptance.

This offer is to remain open for acceptance until

Witness: Date

Purchaser

Purchaser

I/We as Seller accept the above offer and earnest money submitted to us.

Witness Date

Seller

Seller Used with Permission © 2009 The NoteBuyer Inc. www.thenotebuyer.com. All rights reserved.

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