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OFFER TO BUY REAL ESTATE

1. TO:	John and Sarah McComb 631 Harper Avenue Chicago, Illinois	SELLER¹
2. FROM:	William Windows 818 Westchester Dr. Chicago, Illinois	BUYER²
3. REAL ESTATE: BUYER hereby offers to purchase from SELLER real estate in Cook County, Illinois³, as described below:

Lot #1 of Bankers First Addition
City of Chicago⁴

          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 $150,000⁵, 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. INSURANCE⁶: 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

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

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.
          9. POSSESSION: If this offer is accepted on or before the 1st day of June, yr1996⁷, at 1:00o'clock⁸ p.m.⁹ by the SELLER, BUYER shall have possession of the premises on or before the 1st day of August, yr1996¹⁰. 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 SALE¹¹: 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. ENCUMBRANCES¹²: 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 PAYMENT¹³: If the BUYER fails to perform under this contract, any payments made may be forfeited to the SELLER at

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

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 remedies accorded them under the laws of the State of Illinois¹³ in the event of failure to perform the conditions of this contract.
13. APPLICABLE LAW¹⁴: The law applicable to the enforcement of this contract is the law of the State of Illinois¹⁴.
14. OTHER PROVISIONS¹⁵:

Dated at Chicago, Illinois¹⁶ (location where signed) on this 15th day of May, yr1996¹⁷.

¹⁸	¹⁹
BUYER	SELLER
¹⁸	¹⁹
BUYER	SELLER

STATE OF	ILLINOIS²⁰	)
		)ss
COUNTY OF	COOK²¹	)

On this 15th day of May, yr1996²², the persons identified above, John McComb, Sarah McComb, and William Windows²³ (list parties), signed before me, a Notary Public, their signatures when they personally appeared to declare the above voluntary act and deed.

	²⁴
	NOTARY PUBLIC

The form above is an example of how a typical Offer to Buy Real Estate form may be completed.

The full names of the sellers need to be included. It is also recommended that the address be included.
The full name of the buyer should be included, along with the address of the buyer.
The county and state location is recommended.
A legal description of the property should be included. The one used is hypothetical.
The purchase price should be stated. The price mentioned is hypothetical.
Insurance requirements may vary from state to state; therefore, an attorney should be consulted.
The date within which the seller may accept the offer.
The time by which the offer must be accepted.
Whether the offer needs to be accepted before or after noon.
The date of possession.
The laws vary between states regarding the requirements for deeds and/or bills of sale; therefore, an attorney should be consulted.
Many states require a more complete disclosure relative to the encumbrances that may exist on a property. An attorney should be consulted.
Although the language used relative to the forfeiture of down payment is fairly standard, there are certain states that would require a modification of this language.
The state under which a contract would be enforced should be stated.
Any additional provisions relative to the offer to buy the real estate should be set forth at this point.
The location where the offer was signed should be recited.
The date when the offer is made should be indicated.
The signature of the buyer should be provided. If there are two buyers, both must sign.
The signature of seller(s) must appear on the contract.
The state where the parties met before the notary.
The county where the notary witnessed the signature of the parties.
The date the parties signed before the notary. There may be a separate requirement for acknowledgement by separate notaries as to the sellers and the buyers if the documents are signed in different locations.
The parties appearing before the notary should be listed.
The signature of the notary.

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This is not a substitute for legal advice. An attorney must be consulted.