Cont r act Concer ning PROMULGATED BY THE TEXAS REAL ESTATE COMMI SSI ON ( TREC)Page of 9 12-05-2011
( Addr ess of Pr oper t y )
N EW H OM E CON TRACT
EQU AL H OU SI N G OPPORT U N I T Y
( I n com ple t e Con st r u ct ion )
NOTI CE: Not For Use For Condom inium Tr ansact ions or Closings Prior t o Com plet ion of Const r uct ion
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1 |
. PARTI ES: The par t ies t o t his cont ract ar e |
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( Seller ) and |
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( Buyer ) . Seller agr ees t o sell and |
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convey t o Buyer and Buyer agrees t o buy from Seller t he Propert y defined below . |
2 |
. PROPERTY:Lot |
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,Block |
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Addit ion, Cit y of |
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,Count y of |
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Texas, know n |
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as |
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( address/ zip code) , or as |
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descr ibed on at t ached exhibit , t oget her w it h: ( i) |
im provem ent s, fixt ures and all ot her propert y |
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descr ibed in t he |
Const r uct ion Docum ent s; and |
( ii) all right s, privileges and appur t enances |
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t heret o, including |
but not lim it ed t o: perm it s, |
easem ent s, |
and cooperat ive and associat ion |
m em berships. All propert y sold by t his cont ract is called t he “ Propert y” .
3 . SALES PRI CE:
A.Cash por t ion of Sales Price payable by Buyer at closing ..................... $
B.Sum of all financing described below ( excluding any loan funding
fee or m ort gage insurance prem ium ) .............................................. $
C.Sales Pr ice ( Sum of A and B) ......................................................... $
4 . FI N AN CI N G: The port ion |
of Sales Price not payable in |
cash w ill |
be paid |
as |
follow s: ( Check |
applicable boxes below ) |
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A. THI RD PARTY FI NANCI NG: One or m ore t hird part y m ort gage loans |
in |
t he |
t ot al am ount |
of $ |
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( excluding any loan funding fee or m or t gage insur ance pr em ium ) . |
( 1) Propert y Approval: |
I f |
t he Propert y does not |
sat isfy |
t he |
lenders' |
underw rit ing |
requirem ent s for t he loan( s) , ( including, but not |
lim it ed t o |
appraisal, |
insurabilit y and |
lender required repairs) , |
Buyer m ay t erm inat e t his cont ract by |
giving |
not ice t o Seller |
prior t o closing and t he earnest m oney w ill be r efunded t o Buyer . |
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( 2) Cr edit Approval: ( Check one box only)
( a) This cont ract is subj ect t o Buyer being approved for t he financing described in t he at t ached Third Part y Financing Addendum for Cr edit Approval.
( b) This cont ract is not subj ect t o Buyer being approved for financing and does not involve FHA or VA financing.
B. ASSUMPTI ON: The assum pt ion of t he unpaid principal balance of one or m ore prom issory
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not es described in t he at t ached TREC Loan Assum pt ion Addendum . |
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C. SELLER |
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FI NANCI NG: A prom issory not e |
from Buyer t o Seller of $ |
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secur ed |
by vendor 's and deed of t r ust liens, and cont aining t he |
t er m s |
and condit ions |
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descr ibed in t he at t ached TREC Seller Financing |
Addendum . I f an |
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owner |
policy of t it le |
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insurance is furnished, Buyer shall furnish Seller w it h a m ort gagee policy of t it le insurance. |
5 . EARN EST M ON EY: Upon execut ion of t his cont ract |
by |
all part ies, |
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Buyer |
shall deposit |
$ |
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as ear nest m oney w it h |
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, as |
escr ow agent , |
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at |
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( address) . Buyer shall deposit addit ional earnest m oney of $ |
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w it h escrow |
agent w it hin |
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days aft er t he effect ive dat e of t his cont ract . I f Buyer fails t o deposit t he |
earnest m oney as required by t his cont ract , Buyer w ill be in default . |
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6 . TI TLE POLI CY AN D SURV EY: |
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A. TI TLE POLI CY: Seller shall furnish t o Buyer at |
Seller’s |
Buyer’s expense an ow ner policy of |
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t it le insur ance ( Tit le Policy) issued by |
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( T i t l e |
Com pany) in t he am ount of t he Sales Price, dat ed at or aft er closing, insuring Buyer against loss under t he provisions of t he Tit le Policy, subj ect t o t he prom ulgat ed exclusions ( including exist ing building and zoning or dinances) and t he follow ing except ions:
( 1) |
Rest rict ive covenant s com m on t o t he plat t ed subdivision in w hich t he Pr oper t y is locat ed. |
( 2) |
The st andard print ed except ion for st andby fees, t axes and assessm ent s. |
( 3) Liens creat ed as part of t he financing described in Paragraph 4 .
( 4) Ut ilit y easem ent s creat ed by t he dedicat ion deed or plat of t he subdivision in w hich t he Propert y is locat ed.
( 5) Reservat ions or except ions ot herw ise perm it t ed by t his cont ract or as m ay be approved by
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Buyer in w rit ing. |
( 6) |
The st andard print ed except ion as t o m arit al right s. |
( 7) |
The st andard print ed except ion as t o w at ers, t idelands, beaches, st ream s, and relat ed |
m at t ers.
( 8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachm ents or protrusions, or overlapping im provem ents. Buyer, at Buyer’s expense,
m ay have the exception am ended to read, "shortages in area" . |
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B. COMMI TMENT: Wit hin 20 days aft er |
t he Tit le Com pany receives a copy of t his cont ract , |
Seller shall furnish t o Buyer a com m it m ent for t it le insurance ( Com m it m ent ) and, at Buyer's |
expense, legible copies of rest rict ive covenant s and docum ent s evidencing except ions in t he |
Com m it m ent ( Except ion Docum ent s) |
ot her t han t he st andard print ed |
except ions. Seller |
aut horizes t he Tit le Com pany t o deliver t he Com m it m ent and Except ion Docum ent s t o Buyer |
I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 2 of 9 |
12-05-2011 |
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( Addr ess of Pr oper t y ) |
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at Buyer's address show n in Paragraph 21. |
I f t he Com m it m ent |
and Except ion Docum ent s |
are not delivered t o |
Buyer |
w it hin |
t he specified |
t im e, |
t he t im e |
for |
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deliv ery |
w ill be |
aut om at ically |
ext ended |
up t o 15 days or t he Closing Dat e, |
whichever |
is ear lier . I f, |
due t o |
fact ors beyond Seller’s cont rol, t he Com m it m ent and Except ion Docum ent s are not delivered |
w it hin t he t im e required, Buyer m ay t erm inat e t his cont ract |
and t he earnest m oney w ill be |
refunded t o Buyer . |
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C. SURVEY: |
The sur vey m ust be m ade aft er t he Subst ant ial Com plet ion Dat e by a r egist er ed |
professional land surveyor accept able t o t he Tit le Com pany and Buyer’s lender( s) . |
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( Check one box only) |
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( 1) |
At |
least |
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days prior t o t he Closing Dat e, Seller , at Seller’s expense, shall |
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provide a new survey t o Buyer . |
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( 2) |
At |
least |
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days prior t o t he Closing Dat e, Buyer, at Buyer’s expense, shall |
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obt ain |
a new survey . Buyer is deem ed t o receive t he survey on |
t he dat e of act ual |
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receipt or t he dat e specified in t his paragraph, w hichever is earlier . |
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D. OBJECTI ONS: Buyer m ay obj ect in w r it ing t o defect s, except ions, or encum br ances t o t it le: |
disclosed on t he survey ot her t han |
it em s |
6A( 1) t hrough ( 7) |
above; |
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disclosed |
in t he |
Com m it m ent ot her t han it em s 6A( 1) t hr ough ( 8) above; or w hich prohibit t he follow ing use |
or act ivit y: |
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Buyer m ust obj ect t he earlier of ( i) t he Closing Dat e or ( ii) |
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days |
aft er Buyer r eceives |
t he Com m it m ent , Except ion Docum ent s, and t he sur vey . Buyer ’s failur e t o obj ect w it hin t he |
t im e allow ed w ill const it ut e a w aiver of Buyer’s right t o obj ect ; except t hat t he requirem ent s |
in Schedule C of t he Com m it m ent are not w aived by Buyer . |
Provided Seller is not obligat ed |
t o incur any expense, |
Seller shall cure t he |
t im ely |
obj ect ions of |
Buyer or any t hird part y |
lender w it hin 15 days |
aft er |
Seller receives |
t he obj ect ions and |
t he |
Closing Dat e |
w ill be |
ext ended as necessary . |
I f obj ect ions are not cured w it hin such 15 day period, t his cont ract |
w ill t erm inat e |
and t he |
earnest m oney |
w ill be refunded t o |
Buyer |
unless Buyer w aives t he |
obj ect ions. |
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E. TI TLE NOTI CES:
( 1) ABSTRACT OR TI TLE POLI CY: Broker advises Bu y er t o have an abst ract of t it le covering
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t he Propert y exam ined by an at t orney of Buyer’s select ion, or Bu y er should be furnished |
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w it h or obt ain a |
Tit le |
Policy . |
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I f |
a Tit le Policy is |
furnished, |
t he |
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Com m it m ent should be |
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prom pt ly r ev iew ed by an |
at t orney of |
Bu y er ’s |
choice due |
t o |
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t he t im e |
lim it at ions |
on |
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Buyer’s right t o obj ect . |
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( 2 ) MEMBERSHI P |
I N PROPERTY OWNERS ASSOCI ATI ON( S) : The |
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Propert y |
is |
is |
not |
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subj ect t o m andat ory m em bership in a propert y ow ners associat ion( s) . I f t he Propert y is |
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subj ect |
t o m andat ory |
m em bership in |
a |
propert y ow ners |
associat ion( s) , |
Seller |
not ifies |
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Buyer |
under §5 . 012, |
Texas |
Propert y |
Code, t hat , |
as a |
purchaser of propert y |
in |
t he |
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r esident ial com m unit y ident ified in Par agr aph 2A in w hich t he Propert y is locat ed, you are |
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obligat ed t o be a |
m em ber |
of t he propert y ow ners associat ion( s) . Rest rict ive |
covenant s |
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gover ning t he use and occupancy of t he Propert y and all |
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dedicat ory inst rum ent s |
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governing t he est ablishm ent , |
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m aint enance, and operat ion |
of t his resident ial com m unit y |
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have been or w ill be recorded in t he Real Propert y Records of t he count y in w hich t he |
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Propert y is locat ed. Copies of t he rest rict ive covenant s and dedicat ory inst rum ent s m ay |
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be obt ained from t he count y clerk . You |
a r e obliga t e d t o |
pa y a sse ssm e n t s |
t o |
t h e |
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pr ope r t y ow n e r s a ssocia t ion ( s) . Th e |
a m ou n t of t h e |
a sse ssm e n t s is su bj e ct t o |
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ch a n ge . You r fa ilu r e t o pa y t h e a sse ssm e n t s cou ld r e su lt in e n for ce m e n t of t h e |
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a ssocia t ion ’s lie n on a n d t h e for e closu r e of t h e Pr ope r t y . |
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Sect ion 207 . 003, |
Propert y |
Code, |
ent it les an ow ner |
t o receive |
copies of |
any |
docum ent |
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t hat governs t he |
est ablishm ent , |
m aint enance, or operat ion |
of |
a subdivision, |
including, |
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but not lim it ed t o, rest rict ions, bylaw s, rules and regulat ions, and a resale cert ificat e from |
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a propert y ow ners' associat ion . |
A resale cert ificat e |
cont ains inform at ion |
including, |
but |
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not lim it ed t o, st at em ent s specifying t he am ount |
and fr equency of regular assessm ent s |
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and t he st yle and cause num ber of law suit s t o w hich t he proper t y owner s' associat ion is a |
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part y, ot her t han law suit s relat ing t o unpaid ad valorem t axes of an individual m em ber of |
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t he associat ion . |
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These docum ent s m ust be m ade |
available |
t o y ou by t he propert y |
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ow ners' associat ion or t he associat ion's agent on your r equest . |
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I f Bu y e r is con ce r n e d a bou t t h e se m a t t e r s, t h e TREC pr om u lga t e d Adde n du m for |
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Pr ope r t y Su bj e ct t o |
M a n da t or y M e m be r sh ip |
in |
a Pr ope r t y Ow n e r s Associa t ion |
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sh ou ld be u se d . |
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( 3) |
STATUTORY TAX DI STRI CTS: I f |
t he Propert y is sit uat ed |
in |
a ut ilit y or ot her |
st at ut orily |
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creat ed dist rict providing w at er, sew er, drainage, or |
flood cont rol facilit ies and services, |
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Chapt er 49, Texas Wat er Code, requires Seller t o deliver and Buyer t o sign t he st at ut ory |
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not ice relat ing t o t he t ax r at e, bonded indebt edness, or st andby fee of t he dist rict prior t o |
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final execut ion of t his cont r act . |
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( 4) |
TI DE WATERS: |
I f t he Propert y abut s t he t idally |
influenced w at ers of t he st at e, §33 . 135, |
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Texas Nat ural Resources Code, requires a not ice regarding coast al area propert y t o be |
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included in t he cont r act . |
An addendum |
cont aining |
t he not ice |
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pr om ulgat ed |
by |
TREC or |
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required by t he part ies m ust be used. |
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( 5) |
ANNEXATI ON: I f t he Proper t y is locat ed out side t he lim it s of a m unicipalit y, Seller not ifies |
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Buyer under §5 . 011, Texas Pr oper t y Code, t hat t he Propert y m ay now or lat er be included |
I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 3 of 9 12-05-2011 |
( Addr ess of Pr oper t y )
in t he ext rat er r it or ial j ur isdict ion of a m unicipalit y and m ay now or lat er be subj ect t o annexat ion by t he m unicipalit y . Each m unicipalit y m aint ains a m ap t hat depict s it s boundaries and ext rat errit or ial j ur isdict ion . To det er m ine if t he Pr opert y is locat ed w it hin a
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m unicipalit y's |
ext r at er r it or ial |
j ur isdict ion or is likely |
t o |
be locat ed w it hin a |
m unicipalit y’s |
ext rat errit orial |
j urisdict ion, |
cont act |
all |
m unicipalit ies |
locat ed in t he general |
proxim it y of |
t he Proper t y for furt her inform at ion . |
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( 6) PROPERTY |
LOCATED I N |
A CERTI FI CATED SERVI CE |
AREA OF A UTI LI TY SERVI CE |
PROVI DER: |
Not ice required |
by §13 . 257, Wat er Code: |
The real propert y, described in |
Paragraph 2, t hat you are |
about t o purchase m ay be |
locat ed in a cert ificat ed w at er or |
sew er service area, w hich is |
aut horized by law t o provide w at er or sew er service t o t he |
propert ies in t he cert ificat ed area. |
I f your propert y is locat ed in a cert ificat ed area t here |
m ay be special cost s or charges t hat |
you w ill be required t o pay before you can receive |
w at er or sew er service. |
There m ay |
be a period required t o const ruct lines or ot her |
facilit ies necessary t o provide w at er or sew er service t o your propert y . You are advised t o det erm ine if t he propert y is in a cert ificat ed area and cont act t he ut ilit y service provider t o det erm ine t he cost t hat you w ill be required t o pay and t he period, if any, t hat is required t o provide w at er or sew er service t o your propert y . The undersigned Buyer hereby
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acknow ledges receipt of t he foregoing not ice at or before |
t he execut ion of a |
binding |
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cont ract for t he purchase of t he real propert y described in Paragraph 2 or at closing of |
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purchase of t he real propert y . |
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( 7) PUBLI C I MPROVEMENT DI STRI CTS: I f t he |
Propert y is in a public |
im provem ent |
dist rict , |
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§5 . 014, Propert y Code, requires Seller t o not ify Buyer as follow s: As a purchaser of t his |
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parcel of real propert y you are obligat ed t o pay an assessm ent t o a m unicipalit y or count y |
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for an im provem ent proj ect undert aken by |
a public im provem ent |
dist rict |
under |
Chapt er |
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372, Local |
Governm ent Code. The assessm ent m ay |
be |
due annually |
or |
in |
periodic |
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inst allm ent s. |
More |
inform at ion concerning |
t he am ount |
of t he assessm ent and |
t he |
due |
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dat es of t hat |
assessm ent m ay be obt ained |
from t he m unicipalit y |
or count y |
levying |
t he |
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assessm ent . |
The am ount of t he assessm ent s is subj ect t o change. |
Your failure t o pay t he |
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assessm ent s could result in a lien on and t he foreclosure of your propert y . |
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( 8) TRANSFER FEES: I f t he Propert y is subj ect |
t o a privat e |
t ransfer fee obligat ion, |
§5 . 205, |
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Propert y Code, requires Seller t o not ify Buyer as follow s: The privat e t ransfer fee |
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obligat ion m ay be governed by Chapt er 5, Subchapt er G of t he Texas Propert y Code. |
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7 . PROPERTY CON D I TI ON : |
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A. ACCESS AND I NSPECTI ONS: Seller shall perm it Buyer and Buyer’s |
agent s access t o |
t he |
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Propert y at reasonable t im es. Buyer m ay have t he Propert y inspect ed by inspect ors select ed |
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by Buyer and licensed by TREC or ot herw ise per m it t ed by law t o m ake inspect ions. |
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B. CONSTRUCTI ON DOCUMENTS: Seller |
shall com plet e all im pr ovem ent s t o t he Proper t y |
w it h |
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due diligence in |
accor dance w it h t he |
Const ruct ion Docum ent s. |
“ Const r uct ion |
Docum ent s” |
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m eans t he plans and |
specificat ions, t he finish |
out schedules, any change orders, |
and |
any |
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allow ances relat ed t o t he plans and specificat ions, finish out schedules, and change orders. |
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The Const ruct ion Docum ent s have been signed by t he part ies and are incor por at ed int o t his |
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cont ract by reference. |
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C. COST ADJUSTMENTS: |
All change orders m ust be in w rit ing. |
I ncrease in cost s result ing from |
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change orders or it em s select ed by |
Buyer w hich exceed |
t he |
allow ances specified in |
t he |
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Const ruct ion Docum ent s w ill be paid by Buyer as follow s: |
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A decrease |
in cost s result ing from change orders and unused allow ances w ill reduce t he Sales Price, w it h proport ionat e adj ust m ent s t o t he am ount s in Paragraphs 3A and 3B as required by lender .
D. BUYER’S SELECTI ONS: I f t he Const r uct ion Docum ent s perm it select ions by Buyer, Buyer’s select ions w ill conform t o Seller’s norm al st andards as set out in t he Const r uct ion Docum ent s
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or w ill not , in Seller’s j udgm ent , adversely affect |
t he m arket abilit y of t he Propert y . Buyer w ill |
m ake required select ions w it hin |
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days aft er not ice from Seller . |
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E. COMPLETI ON: Seller m ust com m ence const r uct ion no lat er t han |
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days aft er t he effect ive |
dat e of |
t his cont ract . The im provem ent s w ill |
be subst ant ially |
com plet ed |
in accordance w it h |
t h e |
Co n s t r u c t i o n |
D o c u m e n t s |
a n d |
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r e a d y |
f o r |
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o c c u p a n c y |
n o t |
l a t e r |
t han |
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20 |
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The im provem ent s w ill be deem ed t o be |
subst ant ially com plet ed |
in |
accor dance |
w it h |
t he Const ruct ion |
Docum ent s |
upon t he final |
inspect ion |
and approval |
by |
all applicable |
governm ent al |
aut horit ies |
and |
any |
lender |
( Subst ant ial |
Com plet ion |
Dat e) . |
Const r uct ion |
delays caused by act s of God, fir e or ot her |
casualt y, st rikes, |
boycot t s |
or |
nonavailabilit y |
of |
m at er ials |
for which |
no |
subst it ut e of |
com parable |
qualit y |
and |
price is |
available w ill |
be added |
t o t he |
t im e allow ed |
for |
subst ant ial |
com plet ion of t he const ruct ion . How ever , in no event m ay t he t im e for subst ant ial com plet ion
ext end beyond t he Closing Dat e. Seller |
m ay subst it ut e m at er ials, equipm ent and appliances |
of com parable qualit y for t hose specified |
in t he Const ruct ion Docum ent s. |
F. WARRANTI ES: Except as expr essly set fort h in t his cont ract , a separat e w rit ing, or provided by law, Seller m akes no ot her express w arrant ies. Seller shall assign t o Buyer at closing all
assignable m anufact urer w arrant ies. |
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G. I NSULATI ON: As required by Federal Trade Com m ission Regulat ions, |
t he inform at ion |
relat ing t o t he insulat ion inst alled or t o be inst alled in t he I m provem ent s at |
t he Propert y is: |
I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 4 of 9 |
12-05-2011 |
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( Addr ess of Pr oper t y ) |
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( check only one box below ) |
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( 1) as shown in t he at t ached specificat ions. |
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( 2) as follow s: |
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a) |
Ext erior w alls of im proved liv ing areas: insulat ed w it h |
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insulat ion t o a t hickness of |
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inches which yields an R- Value of |
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b) |
Walls in ot her areas of t he hom e: insulat ed w it h |
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insulat ion t o a t hickness of |
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inches which yields an R- Value of |
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c) |
Ceilings in im proved liv ing areas: |
insulat ed w it h |
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insulat ion t o a t hickness of |
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inches which yields an R- Value of |
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d) |
Floors of im proved |
living areas |
not applied t o a slab |
foundat ion: insulat ed w it h |
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insulat ion t o a t hickness of |
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inches w hich yields an R- |
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Value of |
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e) |
Ot her insulat ed areas: insulat ed w it h |
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insulat ion t o a |
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t hickness of |
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inches which yields an R- Value of |
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All st at ed R- Values are based on inform at ion provided by t he m anufact urer of t he insulat ion .
H. ENVI RONMENTAL MATTERS: Buyer is advised t hat t he presence of w et lands, t oxic subst ances,
including |
asbest os and |
w ast es or |
ot her |
environm ent al |
hazards, |
or |
t he |
presence |
of a |
t hreat ened or endangered species or |
it s |
habit at |
m ay affect Buyer ’s |
int ended use |
of |
t he |
Propert y . I f Buyer is concerned about |
t hese m at t ers, an addendum |
prom ulgat ed by TREC or |
required by t he part ies should be used. |
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I . SELLER’S |
DI SCLOSURE: |
Except |
as |
ot her w ise |
disclosed |
in t his |
cont r act , |
Seller has |
no |
know ledge of t he follow ing: |
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( 1) any flooding of t he Propert y w hich |
has had a |
m at erial |
adverse |
effect on |
t he use |
of |
t he |
Propert y; |
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( 2) any pending or t hreat ened lit igat ion, condem nat ion, or |
special |
assessm ent affect ing |
t he |
Pr oper t y; |
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( 3) any environm ent al hazards or condit ions m at erially affect ing t he Propert y; |
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( 4) any dum psit e, landfill, or underground t anks or cont ainers now or previously locat ed on t he Propert y;
( 5) any w et lands, as defined by federal or st at e law or regulat ion, affect ing t he Propert y; or
( 6) any t hreat ened or endangered species or t heir habit at affect ing t he Propert y .
8 . BROKERS' FEES: All obligations of the parties for paym ent of brokers’ fees are contained in separate
written agreem ents. |
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9 . CLOSI N G: |
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A. The closing of t he sale w ill be on or befor e |
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, 20 |
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, or w it hin 7 days |
aft er obj ect ions m ade under Paragraph 6D have been cured or w aived, w hichever dat e is lat er |
( Closing Dat e) . |
I f eit her par t y fails t o close t he sale by t he Closing Dat e, |
t he non - default ing |
part y m ay exercise t he rem edies cont ained in Paragraph 15 . |
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B. At closing: |
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( 1) |
Seller shall execut e and deliver a general w arrant y deed conveying t it le t o t he Propert y t o |
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Buyer and show ing no addit ional except ions t o t hose perm it t ed in Paragraph 6 and furnish |
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t ax st at em ent s or cert ificat es show ing no delinquent t axes on t he Propert y . |
( 2) |
Buyer shall pay t he Sales Price in good funds accept able t o t he escrow agent . |
( 3) |
Seller and Buyer shall execut e and deliver any not ices, st at em ent s, cert ificat es, affidavit s, |
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releases, loan docum ents and ot her docum ent s reasonably required for |
t he closing of t he |
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sale and t he issu an ce of t he Tit le Policy . |
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( 4) |
There w ill be |
no liens, assessm ent s, or securit y |
int erest s against t he Propert y w hich w ill |
not be sat isfied out of t he sales |
pr oceeds unless securing paym ent of any loans assum ed |
by Buyer and assum ed loans w ill |
not be in default . |
1 0 . POSSESSI ON : Seller shall deliver to Buyer possession of the Property: |
upon closing and funding |
according to a tem porary residential lease form prom ulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties.
Consult your insurance agent prior t o change of ow nership and possession because insurance coverage m ay be lim it ed or t erm inat ed. The absence of a w rit t en lease or appropriate insurance coverage m ay expose t he part ies t o econom ic loss.
1 1 . SPECI AL PROV I SI ON S: ( I nsert only fact ual st at em ent s and business det ails applicable t o t he sale. TREC rules prohibit licensees from adding fact ual st at em ent s or business det ails for w hich a cont ract addendum , lease or ot her form has been prom ulgat ed by TREC for m andat ory use. )
I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 5 of |
9 |
12-05-2011 |
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( Addr ess of Pr oper t y ) |
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1 2 . SETTLEM EN T AN D OTH ER EX PEN SES: |
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A. The follow ing expenses m ust be paid at or pr ior t o closing: |
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( 1) Expenses payable by Seller ( Seller's Expenses) : |
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( a) Releases of exist ing liens, including prepay m ent penalt ies and recording fees; |
release of |
Seller ’s loan liabilit y; t ax |
st at em ent s or cert ificat es; preparat ion |
of deed; one- half of |
escrow fee; and ot her expenses payable by Seller under t his cont ract . |
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( b) Seller shall also pay an am ount not t o exceed $ |
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t o |
be applied in t he |
follow ing order: Buyer’s Expenses which Buyer is prohibit ed from paying by FHA, VA, |
Texas Vet erans Land Board or |
ot her governm ent al loan program s, |
and t hen |
t o |
ot her |
Buyer’s Expenses as allow ed by t he lender . |
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( 2) Expenses |
payable by |
Buyer |
( Buyer 's Expenses) : Appr aisal |
fees; |
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loan applicat ion |
fees; |
adj ust ed originat ion charges; |
credit report s; preparat ion |
of |
loan |
docum ent s; |
int erest on |
t he not es |
from dat e |
of disbursem ent t o one |
m ont h |
prior t o |
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dat es |
of first m ont hly |
paym ent s; |
recording |
fees; |
copies of |
easem ent s |
and rest rict ions; |
loan |
t it le |
policy |
w it h |
endorsem ent s required by |
lender; loan - relat ed inspect ion |
fees; |
phot os; |
am ort izat ion |
schedules; |
one- half of escrow fee; all prepaid it em s, including required prem ium s for flood |
and hazard insurance, reserve deposit s for insurance, ad valorem t axes and special |
governm ent al |
assessm ent s; |
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final |
com pliance inspect ion; |
courier |
fee; |
repair inspect ion; |
underw rit ing |
fee; w ire t ransfer |
fee; |
expenses incident |
t o |
any |
loan; |
Privat e |
Mort gage |
I nsurance |
Prem ium ( PMI ) , |
VA Loan |
Funding Fee, or FHA Mort gage I nsurance |
Prem ium |
( MI P) as required by t he lender; and ot her expenses payable by Buyer under t his cont ract . B. I f any expense exceeds an am ount expressly st at ed in t his cont ract for such expense t o be paid by a part y, t hat part y m ay t erm inat e t his cont ract unless t he ot her part y agrees t o pay such excess. Buyer m ay not pay charges and fees expressly prohibit ed by FHA, VA, Texas Vet erans
Land Board or ot her governm ent al loan program regulat ions.
1 3 . PRORATI ON S AN D ROLLBACK TAX ES:
A. PRORATI ONS: Taxes for t he cur rent year , m aint enance fees, assessm ent s, dues and r ent s w ill be prorat ed t hrough t he Closing Dat e. The t ax prorat ion m ay be calculat ed t aking int o considerat ion any change in exem pt ions t hat w ill affect t he cur r ent year 's t axes. I f t axes for t he
current year vary from t he am ount prorat ed at |
closing, t he |
part ies shall adj ust |
t he prorat ions |
w hen t ax st at em ent s for t he current year are |
available. I f |
t axes are not paid |
at or prior t o |
closing, Buyer w ill be obligat ed t o pay t axes for t he cur r ent year . |
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B. ROLLBACK TAXES: I f Seller’s change in |
use of t he Propert y prior t o closing or denial of a special |
use valuat ion on t he Propert y result s in |
addit ional t axes, penalt ies or int er est ( Assessm ent s) for |
periods prior t o closing, t he Assessm ent s w ill be t he obligat ion of Seller . Obligat ions im posed by t his paragraph w ill survive closing.
1 4 . CASUALTY LOSS: I f any part of t he Propert y is dam aged or dest royed by fire or ot her casualt y aft er t he effect ive dat e of t his cont ract , Seller shall rest ore t he Propert y t o it s previous condit ion as
soon as reasonably possible, but in any |
event |
by t he Closing Dat e. I f Seller fails t o do so due |
t o fact ors beyond Seller’s cont rol, Buyer |
m ay ( a) |
t erm inat e t his cont ract and t he earnest m oney |
w ill be refunded t o Buyer ( b) ext end t he t im e for perform ance up t o 45 days and t he Closing Dat e w ill be ext ended as necessary or ( c) accept t he Propert y in it s dam aged condit ion w it h an assignm ent of insurance proceeds and receive credit from Seller at closing in t he am ount of t he deduct ible under t he insurance policy . Seller ’s obligat ions under t his paragraph are independent of any ot her obligat ions of Seller under t his cont ract .
1 5 . D EFAULT: I f Buyer fails t o com ply w it h t his cont ract , Buyer w ill be in default , and Seller m ay ( a)
enforce specific perform ance, seek such |
ot her relief as m ay be provided |
by law , or bot h, or ( b) |
t erm inat e t his cont ract and receive t he earnest m oney |
as liquidat ed dam ages, |
t hereby releasing |
bot h part ies from t his cont ract . I f Seller |
fails t o com ply |
w it h t his cont ract |
Seller |
w ill be in default |
and Buyer m ay ( a) enforce specific perform ance, seek such ot her relief as m ay be provided by law ,
or bot h, or ( b) |
t erm inat e t his |
cont r act and |
r eceive t he earnest |
m oney, t hereby releasing bot h |
part ies from t his cont ract . |
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1 6 . M ED I ATI ON : I t |
is t he policy |
of t he St at e of |
Texas t o encourage |
resolut ion of disput es t hrough |
alt ernat ive disput e resolut ion procedures such as m ediat ion . Subj ect t o applicable law , any disput e bet w een Seller and Buyer r elat ed t o t his cont ract w hich is not resolved t hrough inform al discussion
w ill w ill not be subm it t ed t o a m ut ually accept able m ediat ion service or provider . The part ies t o t he m ediat ion shall bear t he m ediat ion cost s equally . This paragraph does not preclude a part y from seeking equit able relief from a cour t of com pet ent j ur isdict ion .
1 7 . ATTORN EY' S FEES: A Buyer, Seller, List ing Broker, Ot her Broker, or escrow agent w ho prevails in any legal proceeding relat ed t o t his cont ract is ent it led t o recover reasonable at t orney’s fees and all cost s of such proceeding.
1 8 . ESCROW :
A. ESCROW: The escr ow agent is not ( i) a par t y t o t his cont ract and does not have liabilit y for t he perform ance or nonperform ance of any part y t o t his cont ract , ( ii) liable for int erest on t he
I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 6 of 9 12-05-2011 |
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( Addr ess of Pr oper t y ) |
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earnest m oney and ( iii) liable for t he loss of any earnest m oney caused by t he failure of any |
financial inst it ut ion in w hich t he earnest m oney has been deposit ed |
unless t he financial |
inst it ut ion is act ing as escrow agent . |
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B. EXPENSES: At closing, t he earnest m oney m ust be applied first t o any cash dow n paym ent , |
t hen t o Buyer's Expenses and any excess refunded t o Buyer . I f no closing occurs, escrow |
agent m ay: ( i) r equire a w r it t en r elease of liabilit y of t he escr ow agent |
fr om all par t ies, ( ii) |
require paym ent of unpaid expenses incurred on behalf of a part y, and ( iii) only deduct from t he earnest m oney t he am ount of unpaid expenses incurred on behalf of t he part y receiving t he earnest m oney .
C.DEMAND: Upon t erm inat ion of t his cont ract , eit her part y or t he escrow agent m ay send a release of earnest m oney t o each part y and t he part ies shall ex ecut e count erpart s of t he
release and deliver sam e t o t he escrow agent . I f eit her part y fails t o execut e t he release, eit her par t y m ay m ake a w r it t en dem and t o t he escrow agent for t he earnest m oney . I f only one part y m akes w rit t en dem and for t he earnest m oney, escrow agent shall prom pt ly provide a copy of t he dem and t o t he ot her part y . I f escrow agent does not receive w rit t en obj ect ion t o t he dem and from t he ot her part y w it hin 15 days, escrow agent m ay disbur se t he earnest m oney t o t he part y m aking dem and reduced by t he am ount of unpaid expenses incurred on behalf of t he part y receiving t he earnest m oney and escrow agent m ay pay t he sam e t o t he credit ors. I f escrow agent com plies w it h t he pr ovisions of t his par agr aph, each part y hereby releases escrow agent from all adverse claim s relat ed t o t he disbursal of t he earnest m oney .
D.DAMAGES: Any part y w ho w rongfully fails or refuses t o sign a release accept able t o t he escrow agent w it hin 7 days of receipt of t he request w ill be liable t o t he ot her part y for liquidat ed dam ages in an am ount equal t o t he sum of: ( i) t hree t im es t he am ount of t he
earnest m oney; ( ii) t he earnest m oney; ( iii) reasonable at t orney's fees; and ( iv) all cost s of suit .
E. NOTI CES: Escrow agent 's not ices w ill be effect ive w hen sent in com pliance w it h Paragraph 21 . Not ice of obj ect ion t o t he dem and w ill be deem ed effect ive upon receipt by escrow agent .
1 9 |
. REPRESEN TATI ON S: All covenant s, |
represent at ions and w arrant ies in t his cont ract survive |
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closing. I f any represent at ion of Seller in t his cont ract is unt rue on t he Closing Dat e, Seller w ill |
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be in default . |
Unless expressly prohibit ed by w rit t en agreem ent , Seller |
m ay cont inue t o show |
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t he Propert y and receive, negot iat e and accept back up offers. |
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2 0 |
. FED ERAL TAX REQUI REM EN TS: I f Seller is a " foreign person,” as defined by applicable law, or |
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if Seller fails t o deliver an affidavit t o Buyer t hat Seller is not a " foreign person,” t hen Buyer shall |
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w it hhold from |
t he sales proceeds an am ount sufficient t o com ply w it h |
applicable t ax law and |
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deliver t he sam e t o t he I nt ernal Revenue Service t oget her w it h appropr iat e t ax for m s. I nt er nal |
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Revenue Service regulat ions require |
filing w rit t en |
report s if currency |
in |
excess of specified |
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am ount s is received in t he t ransact ion . |
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2 1 |
. N OTI CES: All |
not ices from one part y |
t o t he ot her |
m ust be in w rit ing |
and |
are effect ive w hen |
m ailed t o, hand- deliver ed at , or t ransm it t ed by facsim ile or elect ronic t ransm ission as follow s:
Telephone: |
( |
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Facsim ile: |
( |
) |
Telephone: |
( |
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Facsim ile: |
( |
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I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 7 of 9 |
12-05-2011 |
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( Addr ess of Pr oper t y ) |
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2 2 . AGREEM EN T OF PARTI ES: |
This cont ract |
cont ains t he ent ire agr eem ent |
of t he part ies and |
cannot be changed except by |
t heir w rit t en |
agreem ent . Addenda w hich |
are a part |
of t his |
cont ract are ( check all applicable boxes) :
Third Party Financing Addendum for Credit Approval
Seller Financing Addendum
Addendum for Pr oper t y Subj ect t o Mandat ory Mem bership in a Propert y Ow ners Associat ion
Buyer’s Tem porary Resident ial Lease
Loan Assum pt ion Addendum
Addendum for Sale of Ot her Pr oper t y by Buyer
Addendum for Reser vat ion of Oil, Gas and Ot her Minerals
Addendum for " Back - Up" Cont r act
Addendum for Coast al Area Pr oper t y
Environm ent al Assessm ent , Threat ened or Endangered Species and Wet lands Addendum
Seller’s Tem por ary Resident ial Lease
Shor t Sale Addendum
Addendum for Propert y Locat ed Seaw ard of t he Gulf I nt racoast al Wat erw ay
Ot her ( list ) :
2 3 . TERM I N ATI ON OPTI ON : For nom inal consider at ion, t he receipt |
of which is hereby |
acknow ledged by Seller , and Buyer's agreem ent t o pay Seller $ |
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( Opt ion Fee) |
w it hin 2 days aft er t he effect ive dat e of t his cont ract , Seller grant s Buyer t he unrest rict ed right t o
t er m inat e t his cont r act by giving not ice of t er m inat ion t o Seller w it hin |
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days aft er t he |
effect ive dat e of t his cont ract ( Opt ion Period) . I f no dollar am ount is st at ed as t he Opt ion Fee or |
if |
Buyer fails t o pay t he Opt ion Fee t o Seller w it hin t he t im e prescribed, t his paragraph w ill not be |
a |
part of t his cont ract and Buyer shall not have t he unrest rict ed right t o t er m inat e t his cont r act . |
I f Buyer |
gives not ice of |
t erm inat ion w it hin t he t im e prescribed, t he Opt ion Fee |
w ill not be |
refunded; |
how ever, any |
earnest m oney w ill be refunded t o Buyer . The Opt ion Fee |
w ill |
w ill |
not be credit ed t o t he Sales Price at closing. Tim e is of t h e e sse n ce for t h is pa r a gr a ph |
a n d |
st r ict com plia n ce w it h t h e t im e for pe r for m a n ce is r e qu ir e d . |
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2 4 . CON SULT AN ATTORN EY: TREC rules prohibit real est at e licensees from giving legal advice. READ THI S CONTRACT CAREFULLY. I f you do not under st and t he effect of t his cont r act , consult an at t orney BEFORE signing.
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At t orney is: |
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At t orney is: |
Telephone: |
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Telephone: |
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Facsim ile: |
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Facsim ile: |
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E- m ail: |
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E- m ail: |
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I nit ialed for ident ificat ion by Buyer |
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and Seller |
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TREC NO. 23 - 12 |
Cont r act Concer ning |
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Page 8 of 9 12-05-2011 |
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( Addr ess of Pr oper t y ) |
EX ECUTED t h e |
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da y of |
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, 2 0 |
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( EFFECTI V E D ATE) . |
( BROKER: FI LL I N TH E D ATE OF FI N AL ACCEPTAN CE. ) |
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This cont ract is subj ect t o Chapt er 27 of t he Texas Proper t y Code. The pr ovisions of t hat
chapt er m ay |
affect your |
right t o recover |
dam ages arising from a const ruct ion defect . |
I f |
y ou h av e |
a com plain t |
con cer n in g |
a |
const r uct ion defect and t hat defect has not
been correct ed as |
m ay be required by |
law or |
by cont ract , you |
m ust provide t he |
not ice |
required by Chapt er 27 of t he Texas Propert y Code t o t he cont ract or by cert ified m ail, ret urn r eceipt r equest ed, not lat er t han t he 60t h day
before t he |
dat e |
you |
file |
suit |
t o |
recover |
dam ages in |
a |
court |
of |
law |
or |
init iat e |
arbit rat ion . |
The |
not ice |
m ust |
refer |
t o |
Chapt er |
27of t he Texas Proper t y Code and m ust describe t he const ruct ion defect . I f r equest ed
by t he cont ract or, you |
m ust provide |
t he |
cont ract or an opport unit y |
t o inspect |
and cure |
t he defect as provided by Sect ion |
27. 004 |
of |
t he Texas Propert y Code. |
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Buyer
Buyer
Seller
Seller
The for m of t his cont r act has been appr oved by t he Texas Real Est at e Com m ission. TREC for m s ar e int ended for use only by t r ained r eal est at e licensees. No r epr esent at ion is m ade as t o t he legal validit y or adequacy of any pr ovision in any spe- cific t r ansact ions. I t is not int ended for com plex t r ansact ions. Texas Real Est at e Com m ission, P. O. Box 12188, Aust in, TX 78711 - 2188, ( 512) 936 - 3000 ( ht t p: / / w w w . t r ec. t exas. gov ) TREC NO. 23 - 12 . This for m r eplaces TREC NO. 23 - 11 .
I nit ialed for ident ificat ion by Buyer |
and Seller |
TREC NO. 23 - 12 |
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Cont r act Concer ning |
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Page 9 of 9 12-05-2011 |
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( Addr ess of Pr oper t y ) |
BROKER I N FORM ATI ON
Ot her Br ok er Fir m |
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License No. |
r epr esent s |
Buyer only as Buy er ’s agent |
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Seller as List ing Br oker ’s subagent |
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Licensed Super v isor of Associat e |
Telephone |
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Associat e |
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Telephone |
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Ot her Br ok er 's Addr ess |
Facsim ile |
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Cit y |
St at e |
Zip |
Associat e Em ail Address
List ing Br oker Fir m |
License No. |
r epr esent s |
Seller and Buy er as an int er m ediar y |
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Seller only as Seller ’s agent |
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Licensed Super v isor of Associat e |
Telephone |
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List ing Associat e |
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Telephone |
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List ing Br oker ’s Office Addr ess |
Facsim ile |
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Cit y |
St at e |
Zip |
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List ing Associat e’s Em ail Addr ess |
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Selling Associat e |
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Telephone |
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Selling Associat e’s Office Addr ess |
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Cit y |
St at e |
Zip |
Selling Associat e’s Em ail Addr ess
List ing Broker has agreed t o pay Ot her Brokerof t he t ot al sales price w hen t he List ing Broker’s
fee is received. Escrow agent is aut horized and direct ed t o pay ot her Broker from List ing Broker’s fee at closing.
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OPTI ON FEE RECEI PT |
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Receipt of $ |
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( Opt ion Fee) in t he for m of |
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is acknow ledged. |
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Seller or List ing Broker |
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Dat e |
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CON TRACT AN D EARN EST M ON EY RECEI PT |
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Receipt of Cont r act and $ |
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Earnest Money in t he form of |
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is acknow ledged. |
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Escr ow Agent : |
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Dat e: |
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By: |
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Em ail Addr ess |
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Telephone ( |
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Address |
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Facsim ile: ( |
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I nit ialed for ident ificat ion by Buyer |
and Seller |
TREC NO. 23 - 12 |
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