RECEIVED of the undersigned buyer ("Buyer")
the sum of $__________as non-refundable deposit (the Deposit")
for the purchase of the following described real estate (the "Property"):
The undersigned seller ("Seller") covenants and agrees
to sell and convey the Property by good and sufficient Warranty Deed
to Buyer, or Buyer's assignee (Buyer, however, shall not be released
from Buyer's obligations as set forth herein), and Buyer covenants
and agrees to purchase the Property for the following consideration:
Purchase Price $_________________
Deposit Received (Buyers Premium) $_________________
Total Contract Price $__________________
Total Amount Due $_________________
The terms of the sale shall be as follows:
1. All cash, of which the Deposit is part, at closing. The Deposit,
which shall be held by ___________________________the closing agent,
shall be considered a part of the Buyer's Premium earned by Homes
to Ranches Realty Inc and to be paid by Buyer to Advance Title of
Ocala.
2. The closing contemplated hereby shall take place on or before 30
calendar days from today. Closing for both parties hereto shall be
at the offices of _____________________________
3. Possession shall be given at closing.
4. All real estate taxes and maintenance fees/association dues for
the current year shall prorated as the date of closing. Any unpaid
taxes for prior years shall be paid by Seller. Rents, if any, shall
be prorated.
5. Title shall be conveyed subject to all restrictions easements,
and covenants of record and subject to any zoning ordinances, regulations
and laws of governmental authorities. At closing, settlement and payment
of the balance of the purchase price shall be made in cash or by cashier's
check upon presentation of Warranty Deed with usual covenants and
conveying a good and merchantable title. Seller shall furnish a title
search covering the Property as required by any of the major title
companies in Florida for the issuance of a title policy. In the event
of controversy regarding title, a title insurance policy covering
the Property, issued by the one of said title insurance companies
for the purchase price plus the Buyer's Premium, shall constitute
and be accepted by Buyer as conclusive evidence of good and merchantable
title.
6. If the title is not good and cannot be made good within sixty (60)
days after written notice has been given to Seller that the title
is defective, specifically pointing out the defects, then the Deposit
shall be returned to Buyer and this Contract shall become null and
void unless Buyer elects to accept the defective title. In the event
the time needed to correct said defaults extends beyond the aforesaid
time to close, the time to close shall be extended as reasonably necessary.
If this Contract is otherwise breached by Seller, Buyer shall have
the right to affirm this Contract and enforce its specific performance
or require the immediate return of the Deposit and recover full damages
for its breach. In any event, if title is not so made good or Seller
otherwise breaches this Contract, Seller shall pay the Buyer's Premium
and or agreed upon condition to Homes to Ranches, Inc and any amounts
due pursuant to any other agreement between HTR and Seller, plus the
costs of collection, including attorney fees.
7. If Buyer breaches this Contract, Seller shall have the right to
declare this Contract canceled and recover full damages for its breach
or to elect to affirm this Contract and enforce its specific performance.
In either event, the Deposit shall be retained by HTR and seller per
the terms of this listing agreement.
8. Seller shall pay for attorney fees for legal services preformed
prior to the date hereof, title search, preparation of the Warranty
Deed and the recording fee and transfer fee and transfer tax on the
Warranty Deed. Buyer shall pay title insurance, survey and all costs
and expenses relative to any loan facilitating the purchase of the
Property. Each party shall pay its respective attorney fees.
9. THE PROPERTY SHALL BE COVEYED AND ACCEPTED IN "AS IS"
CONDITION. EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT, NEITHER
SELLER, NORE SELLER'S AGENT, NOR HTR, HAS OR WILL MAKE ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITAION, ANY WARRANTY
OR REPRESENTATIONS TO THE HABITABILITY, DESIGN, PARTICULAR PURPOSE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Except for the warranties and
representations expressly set forth in this Contract, Buyer is relying
solely on its own expertise and information. Buyer has conducted such
investigations and inspections of the Property as it deemed necessary
and/or appropriate and shall rely upon the same.
10. Buyer and Seller explicitly covenant one with the other to relate
to one another, in all matters concerning this Contract, in good faith
and with fair dealing.
11. Should any party to this Contract bring an action against any
other party to enforce any claim hereunder, the prevailing party or
parties shall be entitled to recover all costs of said action and
reasonable attorney fees. The term "prevailing party or parties"
as used in this paragraph shall be defined as the party or parties
in whose favor a court shall rule or against whom no relief is granted,
provided such ruling becomes final and non-appeal able.
12. This Contract contains the entire agreement of the parties relating
to the subject matter hereof and shall not be changed except by their
written consent, and shall be binding on the parties' successors and
assigns.
