CONTRACT OF SALE OF RESIDENTIAL PROPERTY: Agreement to sell residential property, with request for buyer's financial information and mediation clause.

This buy and sell agreement, dated _________, is between _________ and _________, _________ (I) [describe status, such as: joint tenants with a right of survivorship], of _________[address], _________[city], _________ County, _________[state], referred to as sellers, and _________ and _________, as _________[husband and wife], of _________[address], _________[city], _________ County, _________[state], referred to as buyers.

In consideration of the mutual covenants and agreements contained in this agreement, the parties agree as follows:

SECTION ONE.

PROPERTY DESCRIPTION

Buyers agree to buy the property located at _________[address], _________[city], _________ County, _________[state], and legally described as _________[set forth legal description]. The described property is referred to as property. Property is sold subject to applicable ordinances, restrictions, and easements of record. Property includes the following, if owned by sellers: _________[describe, such as: gas, oil, and mineral rights; buildings and landscaping; built-in systems, equipment, and appliances; all other items installed or attached in a permanent way, such as light fixtures, carpeting, window treatments, mailbox, storms and screens; and accessories that operate all such items].

SECTION TWO.

SALES PRICE

The sales price is $_____.

SECTION THREE.

DEPOSIT

Buyers will deposit $_____ with sellers as a good faith deposit, which will be applied against the sales price at the closing on property. If the sale does not close for any reason within the _________[120] days specified in Section Nine, except on a default by sellers for any of the reasons provided in Sections Five and Fourteen below, buyers will forfeit the deposit, and the deposit will become the property of sellers.

SECTION FOUR.

METHOD OF PAYMENT

The sales price will be paid in cash, or by cashier's check or certified check. Buyers represent that buyers have the financial means needed to purchase property. _________[If appropriate add: Buyers acknowledge that there is no financing contingency to the obligation to buy property.]

SECTION FIVE.

INSPECTIONS

Buyers have personally inspected property, and accept property in its present condition, as is, subject only to buyers' approval of an inspection report within _________[10] days after the effective date of this agreement. Buyers will obtain and pay for all inspections and reports. If the inspection report on property indicates a material defect, buyers must notify sellers within _________[5] days and sellers will have a reasonable time to cure the defect. If sellers are unable or unwilling to cure the defect, and buyers and sellers are unable to negotiate mutually acceptable alternate terms, sellers may elect to terminate this agreement by giving notice to buyers, and buyers' good faith deposit will be returned to buyers.

SECTION SIX.

TITLE EVIDENCE

Prior to closing, sellers will provide buyers with a title insurance commitment for property. Buyers may object to any matters shown on the title commitment by giving sellers written notice within _________[5] days of receipt of the commitment. If sellers are unwilling or unable to satisfy buyers' objections, sellers may elect to terminate this agreement by giving notice to buyers or may eliminate any defects and close the transaction. At closing, sellers will pay for an owner's title policy to be issued after closing, insuring buyers in the amount of the purchase price.

SECTION SEVEN.

ASSESSMENTS AND TAXES

Sellers will pay special assessments that are a lien on property up to the closing date. Sellers will also pay all property taxes that became a lien before the year of closing. Taxes that become a lien in the year of closing _________[will be shared so that sellers pay a prorated amount for each day from January 1 to the date that is _________ [six] _________[(6)] weeks after the effective date of this agreement. After this date, buyers and sellers will share the daily prorated amount of the taxes on a 50-50 basis, until the closing date, after which buyers will pay _________[100] % of the daily prorated amount for each day after the closing through December 31]. Taxes will be prorated on a calendar year basis, based on the assessed value and tax rate reflected in the December _________[year] tax bill.

SECTION EIGHT.

PRORATIONS

Interest, insurance, rents, assessments, association fees, and other items, as applicable, will be prorated to the closing day. Buyers will be responsible for the day of closing.

SECTION NINE.

CLOSING DAY

The sale will be closed _________ (I) [indicate specific date or, for example: within _________ (120) days after the effective date of this agreement, on a date to be mutually agreed on between buyers and sellers]. If the sale is not closed _________[within _________ (120) days after the effective date], sellers may notify buyers that this agreement is terminated and retain buyers' good faith deposit. Sellers will then be free to dispose of property. Sellers will also have the right to pursue all remedies available against buyers for their breach of this agreement.

SECTION TEN.

PERSONAL PROPERTY

At the closing, sellers will give buyers a bill of sale without any warranty as to title covering _________[the two refrigerators, two range/ovens (one of which is built in), one washer and one dryer being purchased by buyers].

SECTION ELEVEN.

OCCUPANCY

Sellers will give occupancy to buyers immediately at closing. Sellers will remove all personal property, except items being conveyed at closing, and will leave property in a clean and neat condition.

SECTION TWELVE.

MEDIATION

Any dispute related to this agreement will be submitted to mediation. The mediation will be conducted according to _________[the rules and procedures of the National Association of Realtors Homesellers/Homebuyers Dispute Resolution System]. If the parties cannot reach a binding agreement in mediation, they may use other available remedies.

SECTION THIRTEEN.

HEIRS AND SUCCESSORS

This agreement binds sellers, sellers' heirs and personal representatives, and anyone succeeding to sellers' interest in property. Buyers may not assign this agreement without sellers' written permission.

SECTION FOURTEEN.

FINANCIALS AND CREDIT REPORT

Within _________[10] days of the effective date of this agreement, buyers will provide sellers with _________[a joint credit report, and their most recent personal financial statement]. If sellers are not satisfied with buyers' credit report or financial statement, sellers may elect to terminate this agreement by giving notice to buyers, and buyers' good faith deposit will be returned to them.

SECTION FIFTEEN.

GOVERNMENT REQUIREMENTS

Sellers agree that property will meet all _________[town or city or as the case may be] and _________ County building and zoning requirements at closing.

SECTION SIXTEEN.

NO COMMISSION

Buyers and sellers acknowledge that no broker or agent has been retained by either of them and that no commission or fee is or will be owed to any third party in connection with the sale and purchase of property.

SECTION SEVENTEEN.

EFFECTIVE DATE

The effective date of this agreement will be the date of buyers' signing. If buyers do not sign this agreement within _________[5] days of the date of sellers' signing, this agreement will terminate and become null and void.

The parties have executed this buy and sell agreement on _________[date], at _________[place of execution].

[Signatures]

[Acknowledgment]

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Sherman L Dantzler

2006-01-10

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