Free downloadable, and printable legal documents and legal forms!
About Global Documents
Global Documents provides you with documents from around the globe on a variety of topics for your enjoyment.
Global Documents utilizes edocr for all its document needs due to edocr's wonderful content features. Thousands of professionals and businesses around the globe publish marketing, sales, operations, customer service and financial documents making it easier for prospects and customers to find content.
!
"AS IS" Residential Contract For Sale And Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
1* PARTIES: ______________________________________________________________________________ ("Seller),
2*
and ___________________________________________________________________________________ ("Buyer"),
3
agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property
4
(collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and
5
any riders and addenda ("Contract"):
6 1. PROPERTY DESCRIPTION:
7*
(a) Street address, city, zip: _______________________________________________________________________
8*
(b) Property is located in: _______________County, Florida. Real Property Tax ID No.: ________________________
9*
(c) Real Property: The legal description is ____________________________________________________________
10
___________________________________________________________________________________________
11
___________________________________________________________________________________________
12
together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached
13
wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1(e) or by other terms
I4
of this Contract.
15
(d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, the following items which
16
are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase
17
range(s)/(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and
18
draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access
19
devices, and storm shutters/panels ("Personal Property").
20*
Other items included in this purchase are:__________________________________________________________
21
___________________________________________________________________________________________
22
Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer.
23*
(e) The following items are excluded from the purchase: _________________________________________________
24
___________________________________________________________________________________________
25
PURCHASE PRICE AND CLOSING
26* 2. PURCHASE PRICE (U.S. currency): . $_______________
27*
(a)
Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) $_______________
28
The initial deposit made payable and delivered to "Escrow Agent", named below
29*
(CHECK ONE): (i) accompanies offer or (ii) is to be made within ________(if left blank,
30
then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii)
31
SHALL BE DEEMED SELECTED
32*
Escrow Agent Information: Name: _________________________________________________
33*
Address______________________________________________________________________
34*
Phone: _______________E-mail: _______________________________Fax: ______________
35*
(b) Additional deposit to be delivered to Escrow Agent within _______________ (if left blank, then 10)
36*
days after Effective Date... $_______________
37
(All deposits paid or agreed to be paid, are collectively referred to as the "Deposit")
38*
(c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 _______________
39*
(d) Other:_________________________________________________________________...... $_______________
40
(e) Balance to close (not Including Buyer's closing costs. prepaids and prorations) by wire
41*
transfer or COLLECTED funds. $_______________
42
NOTE: For the definition of "COLLECTION" OR "COLLECTED" see STANDRD S.
43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
44*
(a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before _______________
45*
___________________________, this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to
46
Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the
47
counter-offer is delivered.
48
(b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed
49
and delivered this offer or final counter-offer ("Effective Date").
50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and
51
the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing")
52*
on ____________________________________________ ("Closing Date"), at the time established by the Closing Agent.
53 5. EXTENSION OF CLOSING DATE:
54
(a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In Lending Act (TILA) notice
55
requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to
56
exceed 7 days.
Buyer's Initials __________ __________
Page 1 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
57
(b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i)
58
disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance,
59
to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after
60
restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or
61
Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not occurred
62*
within __________(if left blank, then 14) days after Closing Date, than either party may terminate this Contract by
63
delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and
64
Seller from all further obligations under this Contract.
65 6. OCCUPANCY AND POSSESSION:
66
(a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the
67
Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all
68
personal Items and trash from the Property and shall deliver all keys, garage door openers, access devices and
69
codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the
70
Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
71
deemed to have accepted the Property in its existing condition as of time of taking occupancy.
72*
(b) CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: lf Property is
73
subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts
74
and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be
75
delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the
76
lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of
77
written notice of such election to Seller within 5 days alter receipt of the above items from Seller, and Buyer shall be
78
refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract. Estoppel
79
Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied
80
by Seller after Closing, See Rider U. POST-CLOSING OCCUPANCY BY SELLER.
81* 7. ASSIGNABILITY: (CHECK ONE): Buyer may assign and thereby be released from any further liability under this
82*
Contract; may assign but not he released from liability under this Contract; or may not assign this Contract.
83
FINANCING
84 8. FINANCING:
85*
(a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to
86
Buyer's obligation to close.
87*
(b) This Contract is contingent upon Buyer obtaining a written loan commitment for a conventional FHA VA
88*
or other __________________(describe) loan on the following terms within _______ (if left blank, than 30) days after
89*
Effective Date ("Loan Commitment Date") for (CHECK ONE): fixed, adjustable, fixed or adjustable rate loan in
90*
the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed ________% (if left blank, then prevailing
91*
rate based upon Buyer's creditworthiness), and for a term of ________ (if left blank, then 30) years ("Financing").
92*
Buyer shall make mortgage loan application for the Financing within ________(if left blank, then 5) days after Effective
93
Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitment")
94
and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage
95
loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such
96
status and progress to Seller and Broker.
97
98
Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not
99
receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the
100
earlier of:
101
i.
Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to
102
waive the financing contingency of this Contract; or
103
ii.
7 days prior to Closing Date
104
If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of
105
this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under
106
this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing
107
contingency shall he deemed waived by Buyer.
108
If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the
109
Deposit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the
110
Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3)
111
appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the
112
loan is not funded due to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer,
113
thereby releasing Buyer and Seller from all further obligations under this Contract.
Buyer's Initials __________ __________
Page 2 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
114*
(c) Assumption of existing mortgage (see rider for terms).
115* (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms).
116
CLOSING COSTS, FEES AND CHARGES
117 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
118
(a) COSTS TO BE PAID BY SELLER:
119
Documentary stamp taxes and surtax on deed, if any
HOA/Condominium Association estoppel fees
120
Owner's Policy and charges (if Paragraph 9(c)(i) is checked)
Recording and other fees needed to cure title
121
Title search charges (if Paragraph 9(c)(iii) is checked)
Seller's attorneys' fees
122*
Other: _________________________________________________________________________________________
123
If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a
124
sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If
125
actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual
126
costs. Any unused portion of escrowed amount(s) shall be returned to Seller.
127
(b) COSTS TO BE PAID BY BUYER:
128
Taxes and recording fees on notes and mortgages
Loan Expenses
129
Recording fees for deed and financing statements
Appraisal Fees
130
Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked)
Buyer's Inspections
131
Survey (and elevation certification, if required)
Buyer's attorneys' fees
132
Lender's title policy and endorsements
All property related insurance
133
HOA/Condominium Association application/transfer fees
Owners Policy Premium (if Paragraph
134
9 (c) (iii) is checked.)
135*
Other:______________________________________________________________________________________
136*
(c) TITLE EVIDENCE AND INSURANCE: At least ________ (if left blank, then 5) days prior to Closing Date, a title
137
insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as
138
exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see
139
STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance
140
covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date.
141
The owner's title policy premium, title search, municipal lien search and closing services (collectively, "Owner's
142
Policy and Charges") shall he paid, as set forth below
143
(CHECK ONE):
144*
(i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for
145
closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid
146
by Buyer to Closing Agent or such other provider(s) as Buyer may select); or
147*
(ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing
148
services related to Buyer's lender's policy, endorsements, and loan closing; or
149*
(iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of
150
title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which
151
is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien
152
search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and If
153*
applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $________________ (if left blank,
154
then $200.00) for abstract continuation or title search ordered or performed by Closing Agent.
155
(d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and
156
certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real Property, a copy shall
157
be furnished to Buyer and Closing Agent within 5 days after Effective Date
158*
(e) HOME WARRANTY: At Closing, Buyer Seller N/A shall pay for a home warranty plan issued by
159*
____________________________________________ at a cost not to exceed $_______________. A home
160
warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in
161
appliances in the event of breakdown due to normal wear and tear during the agreements warranty period.
162
(f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body
163
("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and
164
ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an
165
improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed
166
on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in
167
installments (CHECK ONE):
168
(a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing.
169
installments prepaid or due for the year of Closing shall be prorated.
170*
(b) Seller shall pay the assessment(s) in full prior to or at the time of Closing.
171
IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.
Buyer's Initials __________ __________
Page 3 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
172
This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (CDD)
173
pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K.
174
DISCLOSURES
175 10. DISCLOSURES:
176
(a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient
177
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
178
and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
179
testing may be obtained from your county health department.
180
(b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller
181
does not know of any improvements made to the Property which were made without required permits or made
182
pursuant to permits which have not been properly closed.
183
(c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or
184
desires additional information regarding mold, Buyer should contact an appropriate professional
185
(d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone
186
the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving
187
the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal
188
Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service
189
under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and /or flood insurance
190
rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood
191*
Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within ________(if left
192
blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and
193
Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and
194
flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert-
195
Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures
196
(residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation
197
certificate may be required for actuarial rating.
198
(e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure
199
required by Section 553.996, F.S.
200
(f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is
201
mandatory.
202
(g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS
203
CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY
204
DISCLOSURE, IF APPLICABLE.
205
(h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
206
PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO
207
PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
208
IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
209
PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY
210
PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
211
(i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the
212
Foreign Investment in Real Property Tax Act ("FIRPTA"), Buyer and Seller shall comply with FIRPTA, which may
213
require Seller to provide additional cash at Closing. If Seller is not a "foreign person", Seller can provide Buyer, at or
214
prior to Closing, a certification of non-foreign status, under penalties of perjury, to inform Buyer and Closing Agent
215
that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller
216
are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and
217
withholding requirements pursuant to FIRPTA.
218
(j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not
219
readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence,
220
Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to
221
the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no
222
written or verbal notice from any governmental entity or agency as to a currently uncorrected building,
223
environmental, or safety code violation.
224
PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property,
226
including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS
227
Maintenance Requirement").
Buyer's Initials __________ __________
Page 4 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
228 12. PROPERTY INSPECTION; RIGHT TO CANCEL:
229*
(a) PROPERTY INSPECTION AND RIGHT TO CANCEL: Buyer shall have _________ (if left blank. than 15) days
230
after Effective Date ("Inspection Period") within which to have such inspections of the Property performed
231
as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that the
232
Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such
232
election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the
233
Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further
234
obligations under this Contract; however, Buyer shall be responsible for prompt payment for such
235
inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and
237
shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall
238
survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer
239
accepts the physical condition of the Property and any violation of governmental, building, environmental,
240
and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance
241
Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's
242
lender.
243
(b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to
244
time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up
245
walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the
246
Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement
247
and has met all other contractual obligations
248
(c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of
249
the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written
250
documentation or other information in Seller's possession, knowledge, or control relating to improvements to the
251
Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with
252
Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's
253
obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents
254
necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling
255
such obligation, Seller shall not he required to expend, or become obligated to expend, any money.
256
(d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost,
257
Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer.
258
ESCROW AGENT AND BROKER
259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds and
260
other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the
261
State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract.
262
Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the
263
Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions
264
permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this
265
Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its
266
disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or
267
Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
268
a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such
269
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
270
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as
271
amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow
272
disbursement order.
273
Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
274
any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's
275
fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he
276
liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful
277
breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this
278
Contract.
279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square
280
footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals
281
for legal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction
282
contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all
283
representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER
284
AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES
285
FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT
286
PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER.
Buyer's Initials __________ __________
Page 5 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
287
Buyer and Seller (individually, the "indemnifying Party") each individually indemnifies, holds harmless, and releases
288
Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs
289
and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers,
290
directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by
291
Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii)
292
Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at
293
Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
294
including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv)
295
products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by
296
any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective
297
vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will
298
not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14,
299
Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract.
300
DEFAULT AND DIBPUTE RESOLUTION
301 15. DEFAULT:
302
(a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including
303
payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the
304
account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full
305
settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this
306
Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights
307
under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split
308
equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be
309
greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.
310
(b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable
311
diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to
312
receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach,
313
and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance.
314
This Paragraph 15 shall survive Closing or termination of this Contract
315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and other matters in question between Buyer and Seller
316
arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will he settled as
317
follows:
318
(a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to
319
resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph
320
16(b).
321
(b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida
322
Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). The
323
mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought
324
without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be
325
resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall
326
survive Closing or termination of this Contract.
327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by
328
this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in
329
conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover
330
from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation.
331
This Paragraph 17 shall survive Closing or termination of this Contract.
332
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")
333 18. STANDARDS:
334
A. TITLE:
335
(i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph
336
9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and
337
delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing
338
and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the
339
Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the
340
following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and
341
requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise
342
common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted
343
public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear
344
or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f)
Buyer's Initials __________ __________
Page 6 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
345
assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that,
346
none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of terms Identified
347
in (b) (f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to
348
applicable Title Standards adopted by authority of The Florida Bar and in accordance with law.
349
(ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in
350
writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered
351
to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to
352
examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's
353
notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to
354
have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with
355
proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contact on Closing Date (or If
356
Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If Seller is unable to cure defects
357
within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a)
358
extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use
359
reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or (b) electing to accept title with
360
existing defects and close this Contract on Closing Date (or If Closing Date has passed, within the earlier of 10 days
361
after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and
362
receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If
363
after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this
364
Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all
365
further obligations under this Contract.
366
B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach
367
on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental
368
regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters,
369
together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer
370
timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title
371
defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's
372
request, execute an affidavit of "no change" to the Real Property since the preparation of such prior survey, to the
373
extent the affirmations therein are true and correct
374
C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the
375
Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.
376
D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from
377
tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits
378
paid by tenant(s) or occupant(s) ("Estoppel Letter(s)"). lf Seller is unable to obtain such Estoppel Letter(s), the same
379
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
380
thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or Sellers affidavit, if any,
381
differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 6, or if tenant(s)/occupant(s),
382
fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such
383
information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit,
384
thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall, at Closing, deliver and
385
assign all leases to Buyer who shall assume Seller's obligations thereunder.
386
E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing statement,
387
claims of lien or potential lienors known to Seller, and (ii) that there have been no improvements or repairs to the Real
388
Property for 90 days immediately preceding Closing Data. lf the Real Properly has been Improved or repaired within
389
that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors,
390
subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all such general
391
contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs
392
which could serve as a basis for construction lien or a claim for damages have been paid or will be paid at Closing.
393
F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract.
394
Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates
395
specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a
396
Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is
397
located) of the next business day.
398
G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
399
to each other for damages so long as performance or non-performance of the obligation is delayed, caused or
400
prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual
401
transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer
402
or Seller, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to
403
prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure
404
prevents performance under this contract, provided, however, if such Force Majeure continues to prevent performance
Buyer's Initials __________ __________
Page 7 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
405
under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering
406
written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all
407
further obligations under this Contract.
408
H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal
409
representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in
410
STANDARD A and those accepted by Buyer. Persona! Property shall, at request of Buyer, be transferred by absolute
411
bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract.
412
I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
413
(i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or
414
other closing agent ("Closing Agent") designated by the party paying for the owner's policy of title insurance, or, if no
415
title Insurance, designated by Seller. Closing may be conducted by mail or electronic means.
416
(ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale,
417
certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's
418
possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work
419
done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood
420
elevation certification, and documents required by Buyer's lender.
421
(iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment
422
provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing
423
procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing
424
funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller.
425
J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for
426
insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and
427
closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not
428
more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall,
429
within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such
430
notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all Closing funds paid by Buyer
431
shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment.
432
Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special
433
warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take
434
title as is, waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of
435
warranties contained in the deed or bill of sale.
436
K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the
437
day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including
438
special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other
439
expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event
440
premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be
441
made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow
442
deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due
443
allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when
444
current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such
445
assessment and prior years millage. If current year's assessment is not available, then taxes will he prorated on prior
446
year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which
447
improvements were not in existence on January 1st of prior year, than taxes shall be prorated based upon prior year's
448
millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to
449
the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration
450
based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. This
451
STANDARD K shall survive Closing.
452
L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall,
453
upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk-
454
through (or follow-up walk-through it necessary) prior to Closing.
455
M. RISK OF LOSS: lf, after Effective Date, but before Closing, Property is damaged by firm or other casualty
456
("Casualty Loss") and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not
457
exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant
458
to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to
459
complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration
460
exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any
461
unused portion of escrowed amount shall be returned to Seller. If Cost of restoration exceeds 1.5% of Purchase Price,
462
Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby
463
releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree
464
damage by casualty or other natural occurrence shall be cost of pruning or removal.
Buyer's Initials __________ __________
Page 8 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
465
N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneously with
466
Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in
467
all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperating
468
party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extended
469
or delayed by, such Exchange..
470
O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT
471
EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be
472
binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the
473
Context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the
474
attorney or broker (including such Broker's real estate licensee) representing any party shall be as effective as if given
475
by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic (including
476
"pdf") media. A facsimile or electronic (including "pdf") copy of this Contract and any signatures hereon shall be
477
considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as
478
determined by Florida's Electronic Signature Act and other applicable laws.
479
P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of
480
Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or
481
representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in
482
this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be
483
bound by it.
484
Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this
485
Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or rights.
486
R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or
487
handwritten provisions shall control all printed provisions of this Contract in conflict with them.
488
S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received,
489
including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent
490
or Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by
491
Closing Agent until such amounts have been COLLECTED In Closing Agent's accounts.
492
T. LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and conditions
493
upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval
494
letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract.
495
U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of
496
Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county
497
where the Real Property is located.
498
V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): If a Seller of U.S. real property is a "foreign
499
person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to
500
withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue
501
Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding
502
Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of
503
FIRPTA, Buyer and Seller should seek legal and tax advice regarding compliance, particularly if an "exemption" is
504
claimed on the sale of residential property for $300,000 or less.
505
(i) No withholding is required under Section 1445 if the Seller is not a "foreign person", provided Buyer accepts proof
506
of same from Seller, which may include Buyer's receipt of certification of non-foreign status from Seller, signed under
507
penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification
508
number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b).
509
Otherwise, Buyer shall withhold 10% of the amount realized by Seller on the transfer and timely remit said funds to the
510
IRS.
511
(ii) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in
512
this transaction and provides same to Buyer by Closing, then Buyer shall withhold the reduced sum, if any required, and
513
timely remit said funds to the IRS.
514
(iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has
515
provided to Buyer the notice required by 25 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been received
516
as of Closing, Buyer shall, at Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer's
517
option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow, at Seller's expense, with an
518
escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in
519
accordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller's application is
520
rejected or upon terms set forth in the escrow agreement.
521
(iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction,
522
Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the applicable
523
requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in
524
accordance with the final determination of the IRS, as applicable
Buyer's Initials __________ __________
Page 9 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
525
(v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288
526
and 8288-A, as filed.
527 W. RESERVED
528
X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and
529
against any real estate licensee involved in the negotiation of this Contract, for any damage or defects
530
pertaining to the physical condition of the Property that may exist at Closing of this Contract and be
531
subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This
532
provision does not relieve Seller's obligation to comply with Paragraph 10(j). This Standard X shall survive
533
Closing.
534
ADDENDA AND ADDITIONAL TERMS
535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this
536*
Contract (Check If applicable):
A. Condominium Rider
M. Defective Drywall
X. Kick-out Clause
B. Homeowners' Assn.
N. Coastal Construction Control Line
Y. Sellers Attorney Approval
C. Seller Financing
O. Insulation Disclosure
Z. Buyer's Attorney Approval
D. Mortgage Assumption P. Lead Based Paint Disclosure
AA.Licensee-Personal Interest in
E. FHA/VA Financing
(Pre 1978 Housing)
Property
F. Appraisal Contingency Q. Housing for Older Persons
BB. Binding Arbitration
G. Short Sale
R. Rezoning
Other _____________________
H. Homeowners'/Flood Ins. S. Lease Purchaser/Lease Option
____________________________
I. RESERVED
T. Pre-Closing Occupancy by Buyer
____________________________
J. Interest-Bearing Acct.
U. Post-Closing Occupancy by Seller
____________________________
K. RESERVED
V. Sale of Buyer's Property
____________________________
L. RESERVED
W. Back-up Contract
537* 20. ADDITIONAL TERMS: ADMINISTRATION FEE: Buyer/Seller agrees to pay Realty3000, Inc. an_____________
538
Administration fee in the amount of $195.00 at the closing of this Contract.________________________________
539
___________________________________________________________________________________________
540
___________________________________________________________________________________________
541
___________________________________________________________________________________________
542
___________________________________________________________________________________________
543
___________________________________________________________________________________________
544
___________________________________________________________________________________________
545
___________________________________________________________________________________________
546
___________________________________________________________________________________________
547
___________________________________________________________________________________________
548
___________________________________________________________________________________________
549
___________________________________________________________________________________________
550
___________________________________________________________________________________________
551
___________________________________________________________________________________________
552
___________________________________________________________________________________________
553
___________________________________________________________________________________________
554
COUNTER-OFFER/REJECTION
555* Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver
556 a copy of the acceptance to Seller).
557* Seller rejects Buyer's offer.
558 THIS IS INTENDED T0 BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF
559 AN ATTORNEY PRIOR TO SIGNING.
560 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR.
561 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and
562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be
563 negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
Buyer's Initials __________ __________
Page 10 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
564 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE
565 COMPLETED.
566
567
668* Buyer: ________________________________________________________________
Date: _________________
569
570
571
572
573* Buyer: ________________________________________________________________
Date: _________________
574
575
576
577
578* Seller: ________________________________________________________________
Date: _________________
579
580
581
582
583* Seller: ________________________________________________________________
Date: _________________
584
585 Buyer's address for purposes of notice
Seller's address for purposes of notice
586* ______________________________________
______________________________________
587* ______________________________________
______________________________________
588* ______________________________________
______________________________________
589
590 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers entitled to
591 compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to
592 disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties
593 and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed
594 funds. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to
595 Cooperating Brokers.
596
597* ______________________________________
______________________________________
598 Cooperating Sales Associate, If Any
Listing Sales Associate
599
600* ______________________________________
______________________________________
601 Cooperating Broker, If Any
Listing Broker
Buyer's Initials __________ __________
Page 11 of 11
Seller's Initials __________ __________
FloridaRealtors/FloridaBar-ASIS- 2 Rev.8/13 2013 Florida Realtors and The Florida Bar. All rights reserved
Here's how the Florida EnergyGauge program works. After the rating, you'll get an easy-to-read form like the one on the inside page. The Rating Guide has a scale that allows you to compare the specific home you're looking at with the most efficient and the least efficient homes of the same size with the same num- ber of bedrooms available in your part of the state today. In addition to this overall estimate of energy use and comparisons, you get a detailed breakdown on the energy costs of the home's air conditioning, space heating, water heating, refrigerator, clothes dryer, cooking costs, lighting, pool pumping and other mis- cellaneous equipment. One of the keys to the success of this program is the uniformity of ratings, made possible by the use of the EnergyGauge soft- ware developed by the Florida Solar Energy Center. It has been specially designed to let Raters input the key data on the home and obtain accurate information for comparison purposes. A unique optimization feature even lets Raters determine what energy-efficiency features can be added to the home to maxi- mize cost-savings and comfort-improvement. So how can a home energy rating help you reduce your energy use and save money? That's easy. While the design and construction of your home and the efficiency of its appli- ances and equipment control the most significant portion of its energy use, occupant lifestyle will still have a big effect on exactly how much energy gets used. Your comfort preferences and personal habits - the level at which you set the thermostat, whether or not you turn off lights and fans when leaving a room, how much natural ventilation you use, and other factors - will all affect your home's actual monthly energy use.Florida's program parallels national activities. The Residential Energy Services Network (RESNET) sets the national standards for Home Energy Rating Systems (HERS), and Florida's sys- tem meets these standards. The Florida Building Energy Rating Guide provides a HERS Index for the home. This national score enables homes to qualify for national mortgage financing options requiring a HERS Index. This index is computed in accordance with national guidelines, consider- ing the heating, cooling, water heating, lighting, appliance, and photovoltaic energy uses. HERS awards stars to the rating. Tell your Realtor or builder that you want to get the home rated before you buy it. They can give you the names of Raters in your area. Additional information on the pro- gram is available from the Energy Gauge Program Office at 321-638-1715, or visit our Web site at www.floridaenergycenter.org. Who does Energy Ratings? It is important to note that only Florida State Certified Raters are allowed to perform ratings. These Raters have undergone rigorous training programs and have passed the RESNET National Core exam and the required challenge exams. They are also required to undergo continuing education classes and additional exams to keep their certifications current. An on-going quality control program also watches over their Ratings and their work. All their Ratings are submitted to a central registry that checks them for accuracy and compiles generic building data. Energy Ratings in Florida The Florida Building Energy-Efficiency Rating Act (Florida Statute 553.990) was passed by the State Legislature in 1993 and amended in 1994. It established a voluntary statewide energy- efficiency rating system for homes. The Rating System has been adopted by DCA Rule 9B-60. Thinking About Buying a Home? Get An EnergyGauge Rating! Consider the Benefits: s More Home for Less Money s Improved Mortgage Options s Enhanced Indoor Comfort s Superior Energy Efficiency s More Environmental Sustainability s Tested Quality Construction s Greater Resale Value The Florida Energy Gauge Program Florida's Building Energy Rating System 1679 Clearlake Road Cocoa, Florida 32922-5703 321-638-1715 Fax: 321-638-1010 E-Mail: info@energygauge.com Web site: www.floridaenergycenter.org F1-04-08 FSEC-EB-1
Congratulations on your decision to purchase a home. As you know, there are a lot of factors to consider before signing on the dotted line. By now, you've probably checked out the location of the home you like the best. You know how much the seller wants, how many bedrooms there are, wheth- er your dining room table will fit, where you'll park your car and lots of other important things. But wait, there's still one more important thing you really ought to do. You wouldn't buy a car without asking how many miles-per-gallon it gets, would you? So why would you even think of buying a house without knowing how much the power bills will be? That's why now is the perfect time to get an Energy- Gauge rating on the house. Since 1994, there has been a voluntary statewide energy-efficiency rating system for homes in Florida, and prospective homeowners just like you all around the state are getting their homes rated before they make their purchase. There are several very important reasons why: s Energy ratings give homebuyers a market- place yardstick that measures the benefits of energy-efficiency improvements. You get detailed estimates of how much your energy use will cost. s Energy ratings give you clear and specific information that lets you compare similar homes on their energy use. Two homes might look similar, but one may be efficient and com- fortable and the other an energy-guzzler with a very uncomfortable interior. s Maybe most important of all, the national Home Energy Rating System (HERS) Index on the energy rating can qualify you for a number of special mortgage programs that offer lower interest rates, lower closing costs, and other benefits. More and more lenders are coming into Florida with money- saving packages for buyers of energy-efficient homes. Before buying your next home, hire a Certified Energy Rater to do a rating. Your builder or Realtor can help you find a Certified Rater in your area. After the rating, you'll get an easy-to-understand Energy Guide that estimates how much it will cost to pay for energy used in that home; it will allow you to look at a number of separate areas of energy use throughout the house. For many years, buyers have had home inspectors look over a home before making their purchase. This is a great way to find out about potential house problems before you make your purchase. Smart homebuyers around the country are now also asking for a home energy rating to look specifically at the energy-users in a home and determine their efficiency. Because energy costs can often equal house payments, the relatively small cost of a home energy rating can easily be offset by many years of lower energy payments. You're already familiar with the miles-per- gallon stickers on new automobiles, and the yellow Energy Guide labels on home appliances. Shoppers use this information to figure out how much that car or appliance is really going to cost them. This information gives the buyer a good estimate of what it will cost to operate that car or use that appliance, over and above the pur- chase price. A car or product that is cheaper to buy can often be more expensive to operate, so this information can be very important to assure that you make the best purchase decision. Cooling Heating Hot Water Ceil. Fan Dishwash Dryer Lighting Misc. Pumps Range Refrig. PV NOTES: $23 $9 $74 $102 $253 $37 $54 HERS Index : 68 No. 1998-001 Robert Certified 000000 Certified Rater I.D. Number Signature Date This Rating Guide is provided to you by a Home Energy Rater who is trained and certified to perform Ratings in accordance with the RESNET standard. Questions or complaints regarding this Rating may be directed to: EnergyGauge Program Office 1679 Clearlake Road Cocoa, FL 32922-5703 (321)638-1492 engauge@fsec.ucf.edu 10/9/2008 10:13:48 AM EnergyGauge / USRRIB v2.8 Page 1/1 FORM FRBER-2006 Effective Date: Projected Rating Based on Plans Field Confirmation Required Energy Gauge Anyplace Design: Orlando, FL Miami, FL Title: Miami_TaxCredit TMY: ORLANDO_INTL_ARPT, FL CZ1 - New home tax credit qualification example BUILDING ENERG RATING GUIDE $0 $941 $1237 0 MBtu 43.4 MBtu 56 MBtu Reference Cost Basis: EnergyGauge Default Electric Rate: $0.083 /kWh EnergyGauge Default Gas Rate: $0.682 /Therm Proposed Home Savings = $296 Statewide Prices Oil: $1.50/gal LP Gas: $1.75/gal 1 This Home may Qualify for EPA's Energy Star Label This Home Qualifies for an Energy Efficient Mortgage (EEM) $146 $44 $199 2 1 2 The home builder must have signed a Memorandum of Understanding with EPA as an Energy Star Homes partner. HERS Index calculated in accordance with 2006 RESNET standard, Section 303.2 (Reference home = 100, Zero energy use = 0).