OFFER TO BUY REAL ESTATE

          1. TO:                                                    SELLER
          2. FROM:                                                    BUYER

          3. REAL ESTATE: BUYER hereby offers to purchase from SELLER real estate in                       County,                     (State), as described below:

 

          4. SPECIAL ITEMS: It is understood that the property may be subject to certain easements, zoning requirements, ordinances, restrictive covenants, utility usage, road usage, highway usage, sidewalk usage, etc. This offer is made with the understanding that such special features may be a part of the property. Upon request, SELLER will provide evidence of any and all special matters through appropriate abstracting.
          5. PURCHASE PRICE: The purchase price of the aforementioned property shall be $
                      , payable by BUYER to SELLER as follows:

          6. TAXES/SPECIAL ASSESSMENTS: SELLER shall pay all taxes that accrue during the possession of SELLER, and BUYER shall pay all taxes that are accrued subsequent to the possession date set out herein. Any and all special assessments that have accrued during SELLER's possession shall be paid by SELLER. If any special assessments accrue subsequent to the possession date, same shall be paid by BUYER.
          7. INSURANCE: SELLER shall maintain insurance coverage for liability, fire, theft, casualty, tornado and other property damage until the possession date. After the possession date, the BUYER shall be responsible for all insurance upon the premises.
          8. PROPERTY CONDITION: The SELLER shall preserve the property in its present condition and have property maintained in such condition until the possession date at which time BUYER will assume possession, maintenance and care of the property. Care and maintenance of the property shall include all fixtures of the property, all trees, shrubs, fences, gates, and interior fixtures such as plumbing, heating, electrical, water heaters, water softeners, air conditioning, blinds, awnings, etc.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.

 

 

          9. POSSESSION: If this offer is accepted on or before the         day of                         ,         , at       o'clock     .m. by the SELLER, BUYER shall have possession of the premises on or before the          day of                         ,         . During the period prior to BUYER's possession, SELLER shall maintain the property in its present condition and shall not cause the property to decrease in value or allow for any portion of the property to be damaged or destroyed. SELLER shall preserve all aspects of the property including: the integrity of any and all building exteriors, any and all landscaping, fencing, gates, wells, towers and outbuildings. SELLER shall also maintain all interior integrity of all buildings including: heating systems, plumbing, electrical fixtures, doors, screens, awnings, air conditioning equipment, floor coverings, well coverings, etc.
          10. DEED/BILL OF SALE: Once all terms and conditions, including full payment of the consideration for the above described property, have been fulfilled, the SELLER shall execute and deliver a Warranty Deed to the BUYER. The deed shall convey title in fee simple. The SELLER will also demonstrate merchantable title, provide the BUYER with the abstract to the property showing the original government patent and/or platting, the title in the SELLER’s name, and the disclosure of all easements, restrictions and covenants on the property. The SELLER shall pay the abstracting costs to the date of the BUYER's final payment under this contract. A Bill of Sale shall be executed by the SELLER if any personal property is a part of this conveyance. The deed of conveyance may contain restrictions of qualifications as to zoning, easements, restrictive covenants or specific regulatory matters that restrict use of the property. If the property is held in joint tenancy, the deed provided must properly reflect such ownership and conveyance. A spouse not listed on the title shall be presumed to have relinquished all rights of dower, homestead, and distributive share.
          11. ENCUMBRANCES: Any and all encumbrances on the property shall be satisfied by SELLER on or before the date of possession as noted above.
          12. FORFEITURE OF DOWN PAYMENT: If the BUYER fails to perform under this contract, any payments made may be forfeited to the SELLER at SELLER's option.  If SELLER fails to timely perform, the BUYER shall have all payments returned. Both BUYER and SELLER are entitled to utilize any and all other

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.

 

 

remedies accorded them under the laws of the State of                          in the event of failure to perform the conditions of this contract.
          13. APPLICABLE LAW: The law applicable to the enforcement of this contract
is the law of the State of                         .
          14. OTHER PROVISIONS:

 

 

          Dated at                                                                          (location where signed) on this          day of                         ,          .

 

                                                                                                 
BUYER SELLER

 

STATE OF                                 )
)ss
COUNTY OF                                 )

 

          On this          day of                         ,          , the persons identified above,                                                                                                         (list parties), signed before me, a Notary Public, their signatures when they personally appeared to declare the above voluntary act and deed.

                                              
NOTARY PUBLIC

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 1994 - 2015 by LAWCHEK, LTD.

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