Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is made by
, whose address is
("Seller"), and
, whose address is
("Buyer").
The parties to this agreement to convey real estate agree as follows:
1. Description of Property. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller certain improved real property commonly known as
(address) legally described as
with PP# together with
all improvements, fixtures, easements, appurtenances, mineral rights, riparian rights and rights of
adverse possession and/or acquiescence used, acquired or otherwise existing in connection with
the real property. The real property is located in the Township of
County, Michigan. All real and personal property interests sold
and purchased pursuant to this Agreement are collectively referred to as the "Premises."
2. Purchase Price. The purchase price for the Premises is
& 00/100 Dollars ($ ) (the "Purchase Price").
3. Terms:. The Terms of Purchase will be as indicated by “X” below.
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close
this transaction on the terms specified below are currently available to Buyer in cash or an
equally liquid equivalent.
CASH The full purchase price upon execution and delivery of a Warranty
Deed.
NEW MORTGAGE The full purchase price upon execution and delivery
of a Warranty Deed, contingent upon Buyer’s ability to obtain a (type)
(Year) mortgage in the amount of % of the sale price bearing interest
rate not to exceed % per annum, on or before the date the sale is to be
closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs
customarily charged by Buyer’s lender to process the application, within days
after this Agreement is fully executed, not to impair the Buyers’ credit after the
date hereof, and to accept such loan if offered. Should any part of the new
mortgage be FHA/VA insured, Seller/Buyer (Circle one)will agree to pay an
amount not to exceed $ , representing repairs required as a condition
of financing.
SELLER FINANCING – Land Contract $ upon
execution and delivery of a Land Contract and Memorandum of Land Contract
forms, wherein the balance of $ will be payable in monthly
installments of $ or more included interest at % per annum,
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
interest to start on date of closing, and first payment to become due thirty (30)
days after date of closing. The entire unpaid balance will become due and
payable months after closing.
4. Contingencies: The Buyer’s obligation to consummate this transaction
(check one):
Is Not Contingent – is not contingent upon the sale or exchange of any
other property by Buyer;
Is Contingent Upon Closing is contingent upon closing of a sale or
exchange of Buyer’s property located at:
, on or before
5. Fixtures and Personal Property. All fixtures are included in this sale at no
additional cost to Buyer. These items include, without limitation, the following, if now in or on
the Premises: plumbing, heating and lighting fixtures; drapery and curtain hardware; window
shades and blinds; built-in kitchen appliances; wall-to-wall carpeting, if attached; all attached
mirrors and bathroom mirrors; stationary laundry tubs; water softener, water heater; heating and
air conditioning equipment (window units excluded); ceiling fans; built in gas grills; water pump
and pressure tank; TV antenna; screens, storm windows and doors; awnings; mailbox; all
plantings; garage door openers and controls; fireplace screen and grate; and locks and keys. The
following personal property is also included in the sale at no additional cost to Buyer:
6. Inspections. If Buyer so desires, Buyer shall arrange and pay for inspections by
qualified inspectors for the furnace, well, plumbing and septic system, if any, and any other
inspections Buyer may desire. If the furnace, well, plumbing or septic system are not in proper
condition and working order, Buyer shall have the option of terminating this Agreement within
ten (10) days after the Effective Date of this Agreement.
7. Well/Septic: Within ten (10) after this Agreement is fully executed, the Seller
will arrange and pay for an inspection and written report by the County Health Department or a
mutually agreed upon qualified inspector, if allowed by the Health Department, of the primary
well (including a water quality test) and septic systems (including tank pumping) in use on
property. If the Wells and/or Septic Systems are found not to be in proper condition and working
order, or if the well water does not meet current quality standards as determined by local health
authorities, repairs and/or replacements necessary to correct the problem shall be completed in a
good and workmanlike manner and shall conform with local health regulations at Seller’s
Expense. Seller shall have the right to terminate this agreement if the cost exceeds: $
. EXCEPTIONS:
8. Survey. If Seller has a copy of a survey of the Premises, Seller shall provide
Buyer with a copy of Seller's survey of the Premises within ten (10) days of the Effective Date of
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
this Agreement. If the Seller does not have a copy of an existing survey: The Buyer has elected
to obtain:
A Boundary Survey certified to Buyer with iron corner stakes and with
improvements and easements located on a map of survey.
A Surveyor’s Report or Sketch (Not a boundary survey), re-certified to Buyer
showing the approximate locations of improvements.
No Survey
Survey to be paid for by:
Buyer
Seller
9. Seller’s Disclosure Statement.
Buyer has received Seller’s Disclosure Statement Dated
Buyer has not received Seller’s Disclosure Statement, and Buyer’s
obligations under this contract are subject to Buyers receipt of Seller’s
Disclosure Statement and acceptance of Seller’s Disclosure Statement within 72
hours after receipt.
10. Lead-Based Paint. Seller has complied with the Residential Lead-Based Paint
Hazard Reduction Act of 1992 by disclosing to Buyer any information Seller has about the
existence of lead-based paint in the Premises and has provided Buyer with a copy of the lead-
based paint hazard pamphlet entitled Protect Your Family from Lead in Your Home. Buyer has
waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based
paint or lead-based paint hazards.
11. Taxes and Special Assessments. Seller will be responsible for any taxes billed
prior to those addressed below. Buyer will be responsible for all taxes billed after those
addressed below. Buyer is also advised that the State Equalized Value of the property, principal
residence exemption information and other real property tax information is available from the
appropriate local assessor’s office. Buyer should not assume that buyer’s future tax bills on the
property will be the same as the seller’s present tax bills. Under Michigan law, real property tax
obligations can change significantly when property is transferred.
No proration (Choose One):
Buyer Seller will pay taxes billed summer (year)
Buyer Seller will pay taxes billed winter (year)
Calendar Year Proration: Calendar year tax levies will be estimated, if necessary,
using the taxable value and the millage rate(s) in effect on the day of closing,
broken down to a per diem tax payment and prorated to the date of closing with
Seller paying for January 1 through the day of closing.
Fiscal Year Proration: Taxes will be prorated as through they are paid in advance
with the fiscal year due dates to cover a 12 month date billed, and taxes will be
prorated to the day of closing. Summer taxes to cover July 1
st
to June 30
th
and
Winter taxes to cover December 1
st
to November 30
th
.
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
12. Prorations: Any dues or association fees, rent, or any agreement assumed by Buyer
will be prorated and adjusted at the date of closing. Seller hereby assigns their
responsibilities under any applicable restriction of use agreement for the property to
Buyer. Buyer accepts this assignment and assumes those responsibilities.
13. Assessments
Seller Shall pay the entire balance of any such assessments on or before the day of
closing.
Seller shall pay all installments of such assessments that become due and payable
on or before day of closing. Buyer shall assume and pay all other installments of
such assessments.
14. Title Insurance. At Seller's expense, Seller shall provide Buyer with a expanded
coverage ALTA Homeowner's policy of title insurance in the amount of the Purchase Price,
effective as of the date of closing and shall provide Buyer with a commitment for the policy
within ten (10) days after the Effective Date of this Agreement. If the title insurance
commitment discloses any matter that is unacceptable to Buyer, Buyer may terminate this
Agreement within ten (10) days after Buyer's receipt of the title insurance commitment.
15. Closing. This sale shall be closed within ten (10) days after all necessary
documents are prepared and all conditions are satisfied, but no later than
. If the closing of the sale is delayed because of title defects which can be readily
corrected, or because of delays in arranging financing or obtaining inspection reports, the closing
may be delayed for an additional period of fifteen (15) days beyond the deadline set forth above
for closing. Buyer and Seller agree to pay for their actual closing costs as outlined by the title
agency at close.
16. Possession. Possession to be delivered on (date) in
substantially similar to the conditions at inspection. Seller may occupy until delivery. Seller
will remove all personal property, make arrangements for final payment of utilities, and deliver
all keys to Buyer at the date of delivery.
17. Earnest Money; Default. Buyer will deposited with Seller the sum of $
as earnest money to apply on the Purchase Price. If title to the Premises
is not marketable or if any condition set forth in this Agreement is not satisfied, the earnest
money shall be promptly refunded to Buyer, this Agreement shall be of no further effect and
neither party shall owe any liability to the other in connection with this Agreement. If Buyer
defaults, the earnest money shall be forfeited to Seller as liquidated damages or, at Seller's
option, Seller may retain the earnest money and pursue Seller's legal and/or equitable remedies
against Buyer. If Seller defaults, Buyer shall be entitled to the prompt return of Buyer's earnest
money deposit as its exclusive remedy against Seller. If either party defaults, the other party
shall be entitled to exercise any and all available remedies. If a lawsuit is commenced, the
prevailing party shall be entitled to recover from the other party, promptly after demand
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
therefore, all reasonable attorney fees and costs incurred in connection with prosecuting or
defending the lawsuit.
18. Commissions. Each party represents to the other that no real estate salesperson,
broker or other third party was involved in this transaction to whom either party could incur
liability for a commission or other compensation. Each party agrees to indemnify the other party
and hold the other party harmless against any breach of the indemnifying party's representation.
EXCEPTION:
19. Notices. All notices required or permitted by this Agreement shall be in writing
and, except as may otherwise be provided, shall be deemed to be served on the earlier of the date
of mailing by first class mail, postage prepaid, addressed to the other party at the other party's
last known address or the date of hand delivery to the other party.
20. Municipality Compliances. The Seller will arrange and pay for current
certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable.
21. Effective Date. This Agreement shall become effective when executed by all of
the parties listed below (the "Effective Date").
22. Other Provisions:
23. Buyer’s Acknowledgement: Buyer hereby acknowledges receipt of a copy of
this Agreement.
BUYER:
Date:
(Print name as you want it to appear on documents)
(Print name as you want it to appear on documents)
Buyer(s) Address:
Buyer(s) Phone: Buyer(s) Marital Status:
Buyer(s) E-mail Address:
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
24. Seller’s Acceptance: The Above Offer is Hereby Accepted as Written or
As Written Except:
25. Seller’s Acknowledgement: Seller has read this agreement and acknowledges receipt of a
copy.
Seller:
Date:
(Print name as you want it to appear on documents)
Purchase Agreement Buyers Initials __________ __________ Sellers Initials __________ __________
EXHIBIT A
TO PURCHASE AGREEMENT
Legal Description of Premises