Purchase Agreement Template
Purchase Agreement Template
Purchase Agreement Template
3 (c) PROPERTY ADDRESS and/or DESCRIPTION: Buyer agrees to purchase and Seller agrees to sell the
real property identified as:
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8 (e) EARNEST MONEY: $ _____________ valid check or money order payable to Escrow Agent:
_______________________
10 will be promptly delivered to Escrow Agent no later than 5:00 PM, three (3) calendar days after the
Acceptance Date.
11 (f) CLOSING, EXPIRATION, & POSSESSION DATE: ___________________________. This is the date
that the sale will
12 be closed, or this Agreement will expire on this date at 11:59 PM. If this is not a business day, this
date will be extended to the
13 next business day. Any other change in this date must be agreed to in writing by all parties.
Possession of the entire property will
14 be given to the Buyer at the time of closing, unless a different time of possession is agreed to in a
separate Occupancy Agreement.
15 (g) ITEMS INCLUDED OR EXCLUDED: Included, if present, as part of the property sale: all real estate,
buildings,
16 improvements, appurtenances (rights and privileges), and fixtures. Fixtures include all things which
are attached to the
17 structure(s) by nails, screws, or other permanent fasteners, including, but not limited to all of the
following, if present:
18 attached light fixtures and bulbs, ceiling fans, attached mirrors; heating and cooling equipment and
thermostats; plumbing
19 fixtures and equipment; all doors and storm doors; all windows, screens, and storm windows; all
window treatments
20 (draperies, curtains, blinds, shades, etc.) and hardware; all wall-to-wall carpet; all built-in kitchen
appliances and stove; all
21 bathroom fixtures; gas logs, fireplace doors and attached screens; all security system components
and controls; garage door
22 openers and all remote controls; swimming pool and its equipment; awnings; permanently installed
outdoor cooking grills;
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28 Leased tems:_______________________________________________________________________
(h) CLOSING COSTS: Unless otherwise stated in Special Stipulations or Addenda, closing costs are to be
paid as follows: Seller must pay all Seller’s existing loans, liens and related costs affecting the sale of the
property, Seller's settlement fees, real estate commissions, the balance on any leased items that remain
with the property, and a title insurance policy with Buyer to receive benefit of simultaneous issue. Any
existing rental or lease deposits must be transferred to Buyer at closing. Buyer must pay transfer taxes,
deed and deed of trust recording fees, association transfer fees, hazard and any other required
insurance, Buyer's settlement fees, and all Buyer’s loan related or lender required expenses.
(i) PRORATIONS, TAXES & ASSESSMENTS: The current year’s property taxes, any existing tenant leases or
rents, association or maintenance fees, (and if applicable, any remaining fuel), will be prorated as of the
date of closing. Taxes for prior years and any special assessments approved before date of closing must
be paid by Seller at or before closing. If applicable, roll back taxes or any tax or assessment that cannot
be determined by closing date should be addressed in Special Stipulations or Addenda and will survive
the closing.
(j) HOME PROTECTION PLANS: Home Protection plans available for purchase are waived, unless
addressed in Special Stipulations. Buyer and Seller understand that an administrative fee may be paid to
the Real Estate Company if plan is purchased.
(k) SPECIAL STIPULATIONS: The following special stipulations, if in conflict with any language contained
within the 3 pages of
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(l) TIME IS OF THE ESSENCE: The failure to meet specified time limits will be grounds for canceling this
Agreement.
(m) FAIR HOUSING AND EQUAL OPPORTUNITY: This Property is being sold without regard to race, color,
sex, religion, disability, marital status, family status, sexual orientation, age, ancestry, or national origin.
(n) LOAN AND APPRAISAL CONTINGENCIES: This Agreement is contingent on Buyer obtaining loan(s) of
Buyer’s choice. Buyer must deliver to Seller no later than 5:00 PM, ten (10) calendar days after the
Acceptance Date a lender's conditional commitment letter proving that: loan application has been
made; appraisal has been ordered; loan is not contingent on the sale of any other property (unless
otherwise stated in Agreement); Buyer has necessary cash reserves; and providing reasonable assurance
of Buyer's ability to obtain loan with rates, terms, payments and conditions acceptable to Buyer. Failure
to timely provide commitment letter will be grounds for Seller to cancel this Agreement by delivering
written Notice to Buyer, and all Earnest Money must be refunded to Buyer. VA/FHA Loan Addendum
must be attached if Buyer seeks VA or FHA loan. If loan contingency is waived, Buyer must deliver proof
of adequate funds within time period on Line Appraisal Contingency - this Agreement is also contingent
on the appraisal value equaling or exceeding the purchase price.
If any repairs are required by the lender, Buyer must deliver to Seller a written list of lender required
repairs. Seller must deliver to Buyer, no later than 5:00 PM, three (3) calendar days after receiving the
repair list, a written Notice stating whether or not Seller will complete the repairs before closing at
Seller’s expense. If Seller does not agree to perform such repairs, or does not reply within the time limit,
this Agreement will cancel and all Earnest Money must be refunded to Buyer [see exception in
(p)]. If, at anytime, the loan or appraisal contingency is not satisfied, Buyer may cancel this Agreement
by delivering to Seller a written Notice of Cancellation, along with supporting documentation, and all
Earnest Money must be refunded to Buyer.
(o) INSPECTION CONTINGENCY AND DUE DILIGENCE PERIOD: This Agreement is contingent on Buyer's
satisfaction with all property inspections and investigations. Buyer may use any inspectors of Buyer's
choice, at Buyer's expense. Seller must permit Buyer, and Buyer’s representatives and inspectors,
reasonable access for inspections, with all utilities in service at Seller's expense. Buyer assumes all
liability for any damage or loss caused by Buyer’s or Buyer representatives’ inspections or investigations
of the property. Due Diligence Period: All inspections and investigations must be completed with
response to Seller no later than 5 5:00 PM, ten (10) calendar days after the Acceptance Date. During this
due diligence period Buyer is strongly advised to:
(A) have a professional home inspection conducted by a licensed home inspector (at Buyer’s expense),
AND
(B) have a wood destroying insect inspection conducted by a licensed pest inspector (at Buyer’s
expense), AND
(C) investigate all matters itemized in the Advisory to Buyers and Sellers (which is an Addendum to this
Agreement), AND
(D) perform any additional inspections and investigations desired, and verify any other matters of
concern to the Buyer, AND
80 (E) if applicable, obtain a septic system inspection letter (available for a fee at TN Dept of
Environment and Conservation).
81 Inspection Contingency Resolution: If Buyer is satisfied with all inspections and investigations, Buyer
may deliver to
82 Seller a Notice of Release of inspection contingency. If for any reason Buyer is not satisfied with the
results of any
83 inspection or investigation, the Buyer must, within the Due Diligence Period (Lines 74-75), deliver to
Seller either:
84 (1) a written Notice of Cancellation, canceling this Agreement, and all Earnest Money must be
refunded to Buyer, OR
85 (2) a written Inspection Contingency Removal Proposal. If Seller rejects Buyer’s Proposal (or
Counterproposal) by delivering
86 a Notice of Rejection to Buyer, or if any Counterproposal is rejected by either party, or if a time limit
for a written response
87 to such is exceeded, this Agreement will cancel and all Earnest Money must be refunded to Buyer
[see exception in (p)].
90 If it is discovered during the Due Diligence Period that any permanent structure on the property has
an active wood destroying
91 insect infestation, the Seller, upon Buyer’s request, must professionally treat infestation before
closing at Seller’s expense.
92 Repair of any damage from wood destroying insects must be negotiated in the Inspection
Contingency Removal Proposal.
93 CAUTION TO BUYER: Failure to deliver to the Seller either a written Notice of Release or Notice of
Cancellation, or a written
94 Inspection Contingency Removal Proposal within the Due Diligence Period described on Lines 74-75
will be considered to
95 be an acceptance of the property “as is,” and the Inspection Contingency will be satisfied and no
longer a part of this Agreement.
96 (p) BUYER’S RIGHT TO REINSTATE: If Seller refuses to complete the lender required repairs (Lines 63-
66), or cancels this
97 Agreement by rejecting an Inspection Contingency Removal Proposal (Lines 85-89), Buyer has the
right to reinstate the
98 Agreement by delivering to Seller a Notice stating that the Buyer will accept the property in its
present "as is" condition. Buyer’s
99 Notice must be delivered to Seller no later than 5:00 PM, three (3) calendar days after the delivery of
Seller's Notice of
100 rejection, or if Seller has failed to respond, no later than 5:00 PM, three (3) calendar days after the
Seller’s deadline to reply.
101 (q) FINAL INSPECTION & RISK OF LOSS: Buyer has the right and responsibility to perform a final
inspection before
102 closing to determine that the property is in the same condition, other than ordinary wear, as when
the Agreement was
103 accepted (with Seller having responsibility to correct), and to see that any repairs agreed to be
performed by Seller have
104 been completed. Buyer may use inspectors. All utilities must be in service at Seller's expense. The
closing of the sale
105 confirms Buyer’s acceptance of property condition. Seller is responsible for any loss or damage to
the property before closing.
106 (r) DISBURSEMENT OF EARNEST MONEY, AND ADEQUATE CONSIDERATION: The Earnest Money will
be
107 applied towards the purchase price at closing. If any contingencies or conditions of this Agreement
are not met and the
108 Agreement is cancelled, all Earnest Money must be refunded to Buyer. If Seller fails to perform any
obligation under this
109 Agreement, all Earnest Money must be refunded to Buyer. If required, the Escrow Agent may file an
interpleader action in
110 a court of law, and recover expenses and reasonable attorney’s fees, and will have no further
liability as Escrow Agent. All
111 parties acknowledge that the consideration given, including the promises exchanged, the time
limitations imposed, and the
112 notifications required, is sufficient and adequate in exchange for the Buyer's right to legally,
properly, and in good faith
113 cancel, reinstate or extend this Agreement in accordance with the other terms of this Agreement.
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114 (s) TITLE, DEED, & SELLER REPRESENTATIONS: Seller will convey to Buyer good and marketable title
to the property
115 by a valid general warranty deed. Seller, at Seller’s expense, agrees to furnish Buyer at closing a title
insurance policy. Title
116 policy will be issued by company acceptable to Buyer and Buyer’s lender. Buyer will receive benefit
of simultaneous issue.
117 Seller represents to the best of Seller’s knowledge, unless otherwise disclosed, that: property is not
in a Special Flood
118 Hazard Area or floodplain; there are no violations of building, zoning or fire codes; there are no
encroachments or
119 violations of setback lines, easements or property boundary lines; and there are no boundary line
disputes. If at anytime the
120 title examination, mortgage loan inspection, survey, or other information discloses any such defects,
or if the Buyer
121 discovers that any representation in this Agreement is in fact untrue, Buyer may, by delivering
written Notice to Seller,
122 either (1) accept the Property with the defects, OR (2) cancel this Agreement and all Earnest Money
must be refunded to
123 Buyer, OR (3) Buyer may extend the closing date by up to 3 calendar days to perform additional due
diligence, retaining
125 (t) DEFAULT OR BREACH: If either party fails to perform any obligation under this Agreement, the
other party may do
126 any or all of the following: (1) cancel the Agreement (2) sue for specific performance, (3) sue for
actual and compensatory
128 (u) REAL ESTATE COMMISSIONS: Seller authorizes closing company to debit Seller and pay
commissions as follows at closing:
131 Other Real Estate Firm Name (if any): _________________________________will receive______%
of the purchase price.
133 (v) ADDENDA, ATTACHMENTS, EXHIBITS, DISCLAIMERS, AND DISCLOSURES (included if marked
below):
134 Confirmation of Agency Status (required with all Purchase and Sale Agreements)
135 Advisory to Buyers and Sellers, or TAR Disclaimer Notice (required with all Purchase and Sale
Agreements)
136 Lead-Based Paint Disclosure (required for housing constructed before 1978)
137 Personal Interest Disclosure & Consent (required if a Licensee has a personal interest, may be
included in Confirmation of Agency)
138 Occupancy Agreement (required if possession is other than the time of closing)
140 Impact Fees or Adequate Facilities Taxes Disclosure (required if sale is residential new construction)
141 Subsurface Sewage Disposal System Permit Disclosure (required for newly constructed residential
property with septic system)
148 (w) METHOD OF EXECUTION AND DELIVERY: Signatures and initials transmitted by fax, photocopy,
or digital signature
149 methods will be acceptable and treated as originals. This Agreement constitutes the sole and entire
agreement between the
150 parties. No verbal agreements, representations, promises, or modifications of this Agreement will
be binding unless agreed
151 to in writing by all parties. Delivery will be considered to have been completed as of the date and
time a document is either
152 (1) delivered in person, OR (2) transmitted by fax, OR (3) transmitted by email. Delivery of
documents to the real estate Licensee
153 assisting a party as that party's agent or facilitator (or to that Licensee’s Broker) will be considered
to be Delivery to that party.
154 (x) ACCEPTANCE DATE AND BINDING CONTRACT: The Acceptance Date will be the date of full
execution (signing) of this
155 Agreement by all parties, that is, the date one party accepts all the terms of the other party’s
written and signed Offer or Counteroffer,
156 evidenced by the accepting party’s signature and date on the Offer or Counteroffer. The Acceptance
must be promptly
157 communicated (by any reasonable and usual mode) to the other party, thereby making this
Agreement a legally Binding Contract.
158 Communications to the real estate Licensee assisting a party as that party's agent or facilitator (or to
that Licensee’s Broker) will
159 be considered to be communication to that party. True executed copies of the Contract must be
promptly delivered to all parties.
161 this date & time (or if blank, by the date and time on Lines 11-13), this Offer will expire. However, at
any time before the
162 other party’s communication of Acceptance, the party making the Offer may withdraw the Offer by
communicating the
163 withdrawal to the other party, and confirm the withdrawal by the prompt delivery of a written
Notice of Withdrawal.
165 X_________________________________________________
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Buyer Signature Date & Time Buyer Signature Date & Time
166 This Offer is: Accepted Rejected Countered on this form Countered on a separate Counteroffer form
167 X_________________________________________________
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Seller Signature Date & Time Seller Signature Date & Time