Example - Assignable Purchase Agreement

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Example AGREEMENT TO PURCHASE REAL ESTATE

This agreement is between ________________________(“Seller”),


and & or assigns (“Buyer”). The Buyer and Seller, when mentioned together
may be referred to as Parties. Seller agrees to sell to Buyer the properties known as,
___________________________________________________________, Which is legally described as:

The parties agree to the following terms and conditions:

EARNEST MONEY: Buyer will pay $ to _____________ Title Company as an earnest


money deposit which shall be credited to Buyer at Closing. If Buyer fails to close, then the earnest
money will be forfeited to Seller as full and liquidated damages. If Seller cannot deliver marketable
title to the Property to Buyer at Closing, then Seller shall return the earnest money deposit to Buyer.
The remedy of specific performance shall not be available to either party.
PURCHASE PRICE: Buyer will pay the purchase price of $ to Seller. The entire
purchase price shall be paid to the seller at closing, less tax and deductions to provide marketable title
and/or to pay off liens against the Property.
PROPERTY SOLD “AS IS”: The Buyer is purchasing the Property “as is.” No repairs or
improvements will be made to the property by the Seller prior to closing. However, this agreement is
contingent upon a satisfactory inspection of the property by the Buyer or Buyer’s assigns or potential
assignees. The inspection shall be within fifteen (15) days of the Effective Date of this Agreement (the
“Inspection Period”), at a date and time established by Buyer and agreeable to Seller, which agreement
shall not be unreasonably withheld. If, for any reason whatsoever, Buyer is unsatisfied with the results
of the inspection, Buyer may cancel this Agreement within two days after the expiration of the
Inspection Period and receive a refund of all Earnest Money Deposits.

CLOSING TERMS AND CONDITIONS: Closing will be within 30 days of both Parties’ execution
of this Agreement (“Closing” or the “Closing Date”). Buyer will choose the closing agent, and Buyer
will pay for all escrow and/or closing company costs as well as recording fees and documentary taxes.
Seller will convey title via General Warranty Deed at closing. Seller agrees to provide marketable title,
free and clear of any lien or encumbrance. If the Property is leased at the time of closing then rents will
be prorated, and any tenant security deposits will be transferred to Buyer. All ad valorem and non-ad
valorem real property taxes and any personal property taxes for the current year will be prorated as of
the Closing Date. If this year’s tax bill is not yet available, the prior year’s tax bill will be used as an
estimate of the current year’s taxes with no discounts given for early payment. All prorations shall be
considered to be final at Closing and no re-proration will be required once the actual tax bill is
produced. Any delinquent or currently due taxes will be paid by Seller at or before Closing. This
agreement is assignable.
ACCESS TO THE PROPERTY: Seller shall make the Property accessible to Buyer, Buyer’s
partners, agents, assignees (potential and actual), contractors, surveyors, lenders, and appraisers prior to
Closing. Buyer may market the sale of the contract to purchase the Property prior to the close of
escrow. This agreement is subject to a satisfactory inspection of the property by Buyer.
BUYER’S DISCLOSURES: Buyer’s employees or agents may hold a real estate salesperson or
broker license in the state of Colorado. Buyer and/or his employees are not representing any party, and
Buyer
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and Seller agree that each is acting in their own best interest. Buyer’s exact vesting to be determined at
Closing.
SELLER ACKNOWLEDGMENT: Seller hereby acknowledges that all negotiations and
deadlines with Buyer have been and are at arm’s length and that no duress or undue influence
has been exerted by Buyer over Seller or Seller’s family in connection with this Agreement. Seller
is aware that the Buyer is purchasing the Property for immediate and/or concurrent resale and
profit. Seller agrees that buyer may market this contract for sale to another buyer and assign all
interest. The Seller’s Acknowledgments executed by Seller together with this Agreement is
incorporated here by reference.
ATTORNEY FEES: If legal action is needed to enforce any part of this Agreement, the prevailing
party is entitled to reasonable attorney fees and costs, including any incurred-on appeals or in the
negotiation or alternative dispute resolution of the dispute. THIS IS THE ENTIRE AGREEMENT:
This Agreement is the entire agreement between the Parties. No other representations have been made
or relied on in making this Agreement. If any part or provision in this agreement is held to be invalid or
unenforceable, the remaining valid provisions shall remain in force and effect.

OTHER PROVISIONS:
This Agreement must be accepted and signed by Seller by___________________. on . If not
accepted by this date and time the Agreement is void.
Notices under this agreement may be delivered by mail, electronic mail, or overnight delivery, and
shall be deemed “delivered” upon pressing “Send” on electronic mail, or three (3) calendar days after
posting the same, properly addressed, in the mails or overnight delivery.
BUYER: SELLER:

Address: Address:

E-mail address: Email address:

Phone: Phone:

By signing below, you understand and agree to the terms and conditions of this Agreement to Purchase
Real Estate.

Date: Date:

Buyer: Seller:

Please Print: Please Print:

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