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PURCHASE AND SALE AGREEMENT
COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF
THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC.
REALTOR®^ REALTOR®
Page 1 of 10 11/17r
1 _________________________________________________________________________________________
2 ___________________________________ (“BUYER/PURCHASER”) (name(s) as reflected on government- 3 issued photo ID and marital status if individual(s)) and ______________________________________________ 4 ________________________________________________________________________(“SELLER”) (name(s) 5 as reflected on deed or government-issued photo ID and marital status if individual(s)), which terms may be 6 singular or plural and include the successors, personal representatives and assigns of BUYER and SELLER, 7 hereby agree that SELLER will sell and BUYER will buy the following described property with all improvements 8 (“the Property”), upon the following terms and conditions and as completed or marked. In any conflict of terms or 9 conditions, that which is added will supersede that which is printed or marked. 10 PROPERTY DESCRIPTION : 11 (a) Street address, city, zip code: ______________________________________________________________
12 (b) The Property is located in ___________ County, Florida. Property Tax ID No: ________________________
13 (c) Legal description of the Real Property (if lengthy, see attached legal description): ______________________
14 _________________________________________________________________________________________
15 _________________________________________________________________________________________
16 The Property will be conveyed by statutory general warranty deed, trustee’s, personal representative’s or 17 guardian’s deed as appropriate to the status of SELLER (unless otherwise required herein), subject to current 18 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record which do 19 not adversely affect marketable title. Under Florida law, financing of the BUYER’s principal residence 20 requires BUYER and BUYER’s spouse to sign the mortgage(s). Under Florida law, the sale of a principal 21 residence requires SELLER’s spouse to sign the deed even if the spouse’s name is not on SELLER’s 22 present deed.
23 1. PURCHASE PRICE to be paid by BUYER is payable as follows:
24 (A) Binder deposit is paid herewith or, is due within _____ days after $_________________ 25 date of acceptance of this Agreement, which will remain a binder until 26 closing unless sooner disbursed according to the provisions of this 27 Agreement. If neither box is marked binder deposit is to be paid herewith
28 (B) Additional binder deposit due on or before _____________________ or $_________________ 29 ______________days after date of acceptance of this Agreement
30 (C) Proceeds of a note and mortgage to be executed by BUYER to any $_________________ 31 Lender other than SELLER (base loan amount excluding FHA MIP, 32 funding fees or financed closing costs)
33 (D) Seller financing by note and mortgage executed by BUYER to SELLER $_________________ 34 (requires use of Seller Financing Addendum)
35 (E) Balance due at closing (not including BUYER’s closing costs, prepaid $_________________ 36 items or prorations) by wire transfer or, if allowed by settlement agent, 37 by cashier's or official check drawn on a United States banking institution
38 (F) PURCHASE PRICE $ _________________
39 Binder deposit(s) to be held by:
40 Name: _____________________________________________________________________________
41 Address: ____________________________________________________________________________
42 Phone: _________________________________________Fax: ________________________________
43 E-mail______________________________________________________________________________
44 Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder
45 deposit(s) held by an attorney or title insurance agency, Broker’s resolution remedies referenced
46 in paragraph 12(A) hereof are not available.
47 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 48 cash 49 loan without financing contingency 50 loan as marked below with financing contingency. Loan Approval is or is not conditioned upon the 51 closing of the sale of other real property owned by BUYER. If neither box is marked then Loan Approval 52 is not conditioned upon the closing of the sale of other real property owned by BUYER. 53 (A) FHA: “ It is expressly agreed that notwithstanding any other provisions of this contract, the 54 PURCHASER shall not be obligated to complete the purchase of the Property described herein or to 55 incur any penalty by forfeiture of earnest money deposits or otherwise unless the PURCHASER has 56 been given in accordance with HUD/FHA or VA requirements a written statement by the Federal 57 Housing Commissioner, Department of Veteran Affairs, or a Direct Endorsement Lender setting forth 58 the appraised value of the Property of not less than $ _______________. The PURCHASER shall have 59 the privilege and option of proceeding with consummation of this contract without regard to the amount 60 of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage 61 the Department of Housing and Urban Development will insure. HUD does not warrant the value or the 62 condition of the Property. The PURCHASER should satisfy himself/herself that the price and condition 63 of the Property are acceptable.” 64 If Purchase Price changes, the dollar amount referenced in line 58 should be changed to reflect 65 the new Purchase Price. 66 (B) VA: It is expressly agreed that, notwithstanding any other provisions of this Agreement, the BUYER 67 shall not incur penalty by forfeiture of earnest money or otherwise be obligated to complete the 68 purchase of the Property described herein, if this Agreement purchase price or cost exceeds the 69 reasonable value of the Property established by the Veterans Administration. The BUYER shall, 70 however, have the privilege and option of proceeding with the consummation of this Agreement without 71 regard to the amount of reasonable value established by the VA. 72 (C) CONVENTIONAL OR USDA FINANCING : If BUYER’s financing is conventional or USDA, it is 73 expressly agreed that, notwithstanding any other provision of this Agreement, BUYER shall not incur 74 penalty by forfeiture of deposit(s) or otherwise be obligated to complete the purchase of the Property 75 described herein if the purchase price exceeds the appraised value of the Property as established by 76 the lender’s appraiser. BUYER shall, however, have the option of proceeding with the consummation of 77 this Agreement without regard to the amount of said appraised value. This contingency shall expire 5 78 days after expiration of the Loan Approval Period. 79 (D) OTHER FINANCING: SELLER FINANCING MORTGAGE ASSUMPTION. If marked, see 80 applicable Addendum attached hereto and made a part hereof. 81 APPLICATION: Within _____ days (5 days if left blank) after date of acceptance of this Agreement, 82 BUYER will complete the application process for mortgage loan(s). BUYER will timely furnish any and all 83 credit, employment, financial, and other information required by lender sufficient to generate a Loan 84 Estimate, pay all fees required by BUYER’s lender and make a continuing and diligent effort to obtain 85 loan approval, otherwise, BUYER is in default. BUYER hereby authorizes BUYER’s lender to disclose 86 information regarding the status, progress and conditions of loan application and loan approval to 87 SELLER, SELLER’s attorney, Broker(s) to this transaction, and the closing attorney/settlement agent. 88 BUYER and SELLER hereby further authorize BUYER’s lender and the closing 89 attorney/settlement agent to provide a copy of the combined settlement statement and the 90 BUYER and SELLER Closing Disclosures to Broker(s) to this transaction when provided to 91 BUYER and SELLER, both before and at closing (consummation). 92 Unless the mortgage loan is approved within _____ days (45 days if left blank) after date of acceptance 93 of this Agreement, without contingencies other than lender-required repairs/replacements/treatments, 94 marketable title and survey, hereinafter called the Loan Approval Period, BUYER shall have 5 days 95 thereafter to terminate this Agreement by written notice to the SELLER, or be deemed to have 96 waived the financing contingency. If BUYER does not terminate this Agreement within said 5 day 97 period neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraph, 98 the binder deposit shall not be refundable because of BUYER’s failure to obtain financing, and this 99 Agreement shall continue through the date of closing.
100 3. TITLE EXAMINATION AND DATE OF CLOSING (CONSUMMATION): 101 (A) If title evidence and survey, as specified below, show SELLER is vested with marketable title, including 102 legal access, the transaction will be closed and the deed and other closing papers delivered on or 103 before (mark only one box): 104 _______days (15 days if left blank) after the Loan Approval Period; or 105 __________________________________ (specific date); or 106 _______days after date of acceptance of this Agreement, 107 unless extended by other conditions of this Agreement.
167 after receipt of SELLER’s written notice of refusal to pay the excess costs to terminate this Agreement, or be 168 deemed to have elected to proceed with this transaction.
169 7. PRORATIONS: All taxes, rents, condominium and homeowners’ association fees, solid waste 170 collection/recycling/disposal fees, stormwater fees, and Community Development District (CDD) fees will be 171 prorated through the day before closing based on the most recent information available to the closing 172 attorney/settlement agent, using the gross tax amount for estimated tax prorations. The day of closing shall 173 belong to BUYER. Any proration based on an estimate shall be reprorated at the request of either party 174 upon receipt of the actual bill based on the maximum discount available.
175 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER’S CURRENT 176 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 177 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 179 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 180 THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION.
181 8. BUYER WILL PAY:
182 (A) CLOSING COSTS:
183 Recording fees One-year home warranty __________________ 184 Intangible tax VA funding fee 185 Note stamps Mortgage insurance premium 186 Simultaneous mortgagee title insurance policy Mortgage discount not to exceed_____________ 187 Title insurance endorsements Survey 188 Lender’s flood certification fees Closing attorney/settlement fee 189 Mortgage origination charges BUYER’s courier/wire fees 190 Appraisal fee Title search 191 Credit report (s) Municipal lien search 192 Inspection and reinspection fees Broker transaction fee $___________________ 193 Tax service fee Mortgage transfer and assumption charges 194 Wood-destroying organism report 195 Other ____________________________________________________________________________
196 (B) All other charges required by lender(s) in connection with the BUYER’s loan(s), unless prohibited by 197 law or regulation, together with lender related settlement/title service fees charged to process, 198 close and post close BUYER’s loan(s).
199 (C) Condominium and homeowners’ association application/transfer fees, the cost of completion of a 200 lender’s condominium questionnaire fees, and capital contributions, if required.
201 (D) PREPAIDS: Prepaid hazard, flood and wind insurance, taxes, interest and mortgage insurance 202 premiums if required by the lender.
203 9. SELLER WILL PAY:
204 (A) CLOSING COSTS:
205 Deed stamps One-year home warranty ______________________ 206 Owner’s title insurance policy Mortgage discount not to exceed________________ 207 Title search Appraisal fee 208 Closing attorney/settlement fee Municipal lien search 209 Survey 210 Satisfaction of mortgage and recording fee 211 SELLER’s courier/wire fees 212 Other ______________________________________________________________________________ 213 ___________________________________________________________________________________
214 (B) Real estate commission and broker transaction fee pursuant to the listing agreement.
215 (C) Condominium and homeowners’ association estoppel/statement fees, payable upon request by the 216 closing attorney/settlement agent.
217 (D) All other charges required by lender(s) in connection with the BUYER’s loan(s) which BUYER is 218 prohibited from paying by law or regulation.
219 (E) If SELLER agrees to pay any amount toward BUYER’s closing costs (which shall include BUYER’s 220 prepaids), SELLER shall be obligated to pay, upon closing, only those costs marked in paragraph 221 8(A) and those specified in paragraphs 8(B), 8(C) and 8(D). This amount will include all VA non- 222 allowables not specified to be paid by SELLER.
223 (F) All mortgage payments, condominium and homeowners’ association fees and assessments, CDD fees
224 and government special assessments due and payable shall be paid current at SELLER's expense at 225 the time of closing.
226 227 228 229
230 231 232 233 234 235
(G) Property Assessed Clean Energy Financing (“PACE”). At or before closing, SELLER will pay in full the amount of any assessment or lien imposed on the Property pursuant to Section 163.08 of the Florida Statutes for a qualifying improvement to the Property related to energy efficiency, renewable energy, or wind resistance. (H) Public Body Special Assessments. At closing, SELLER will pay: (i) the full amount of liens imposed by a public body that are certified, confirmed and ratified before the date of closing not payable in installments; and (ii) the amount of the public body’s most recent estimate or assessment for an improvement which is substantially completed as of date of acceptance of this Agreement but that has not resulted in a lien being imposed on the Property before closing. “Public body” does not include a condominium or homeowners’ association or CDD. 236 If public body special assessments may be paid in installments (Mark only one box) 237 BUYER shall pay installments due after date of closing. 238 SELLER will pay the assessment in full prior to or at the time of closing.
239 IF NEITHER BOX IS MARKED BUYER SHALL PAY INSTALLMENTS DUE AFTER THE DATE OF 240 CLOSING. This paragraph 9(G) shall not apply to liens imposed by a Community Development 241 District created by Florida Statute 190. The special benefit tax assessment imposed by a 242 Community Development District shall be treated as an ad valorem tax.
243 10. DEFAULT:
244 (A) If BUYER defaults under this Agreement, all binder deposit(s) paid and agreed to be paid (after 245 deduction of unpaid closing costs incurred except inspection fee(s), credit report and appraisal fees, 246 which shall be BUYER’s sole responsibility), will be retained by SELLER as agreed upon liquidated 247 damages, consideration for the execution of this Agreement, and in full settlement of any claims. 248 BUYER and SELLER will then be relieved of all obligations to each other under this Agreement except 249 for BUYER’s responsibility for damages caused during inspections as described in paragraph 14.
250 (B) If SELLER defaults under this Agreement, BUYER may either: (i) seek specific performance; or (ii) elect 251 to receive the return of BUYER's binder deposit(s) without thereby waiving any action for damages 252 resulting from SELLER’s default.
253 (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms of 254 the listing agreement.
255 11. NON-DEFAULT PAYMENT OF EXPENSES:
256 (A) If BUYER fails to perform, but is not in default , all loan and sale processing and closing costs incurred, 257 whether the same were to be paid by BUYER or SELLER, will be the responsibility of BUYER with costs 258 deducted from the binder deposit(s), and the remainder of the binder deposit(s) shall be returned to 259 BUYER. This will include but not be limited to the transaction not closing because BUYER does not 260 obtain the required financing as provided in this Agreement or BUYER invokes BUYER’s right to 261 terminate under any contingency in this Agreement; however, if Buyer elects to terminate this 262 Agreement pursuant to paragraphs 2(A), 2(B), 2(C) or 14, each party will be responsible for all loan and 263 sale processing costs specified to be paid by that party, except all inspections, including WDO Report, 264 which shall be paid by BUYER.
265 (B) If SELLER fails to perform, but is not in default , all loan and sale processing and closing costs incurred, 266 whether the same were to be paid by BUYER or SELLER, will be the responsibility of SELLER, and 267 BUYER will be entitled to the return of the binder deposit(s). This will include the transaction not closing 268 because SELLER elects not to pay for the amount in excess of the amounts in paragraph 6 with respect 269 to casualty, loss or damage, or because SELLER cannot deliver marketable title, or is unable to cure 270 permitting/regulatory compliance issues, but shall not include failure to appraise or termination pursuant 271 to paragraph 14.
272 12. BINDER DISPUTE, WAIVER OF JURY TRIAL AND ATTORNEY FEES:
273 (A) In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the 274 holder of the binder deposit(s) may file an interpleader action in accordance with applicable law to 275 determine entitlement to the binder deposit(s), and the interpleader’s attorney’s fees and costs shall be 276 deducted and paid from the binder deposit(s) and assessed against the non-prevailing party, or the 277 broker holding the binder deposit(s) may request the issuance of an Escrow Disbursement Order from 278 the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby, 279 and shall indemnify and hold harmless the holder of the binder deposit(s) from all costs, attorney’s fees 280 and damages upon disbursement in accordance therewith.
281 (B) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of or 282 relating to this Agreement or this transaction will be determined by non-jury trial. BUYER, SELLER and 283 Broker, jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a trial by
340 Within ______ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 341 Period”), BUYER may have the Property inspected and investigated by appropriately licensed inspectors 342 or persons/entities holding a Florida license to build, repair or maintain the items inspected. BUYER and 343 BUYER’S Broker have the right to be present during all inspections and investigations. The inspections 344 and investigations include, but are not limited to: 345 (1) testing and inspecting all major appliances, heating, cooling, mechanical, electrical and plumbing 346 systems, well and septic (including drain field systems), saltwater and freshwater ground permeation 347 and intrusion, the roof, pool and pool equipment, defective drywall, defective flooring, mold, 348 asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole conditions;
349 (2) inspecting for active infestation and/or damage from termites and other wood-destroying organisms; 350 and
351 (3) verifying the cost and availability of insurance, that condominium/homeowner’s association insurance 352 is satisfactory to BUYER’s lender, verifying square footage measurements, and reviewing applicable 353 zoning and historic classifications, covenants, restrictions, easements, rules, and other governing 354 documents affecting the Property.
355 If BUYER determines, in BUYER’s sole discretion , that the Property is not acceptable to BUYER, 356 BUYER may prior to the expiration of the Inspection Period: 357 • terminate this Agreement by delivering written notice of termination to SELLER together with a copy of 358 all written reports, if any, of inspections and investigations if such reports are requested by SELLER 359 (delivery of the NEFAR Release of Deposit and Mutual Agreement to Cancel Purchase and Sale 360 Agreement is not sufficient as a written notice of termination); or 361 • submit BUYER’s written request to SELLER for repairs/replacements/treatments, together with a copy 362 of all written reports, if any, of inspections and investigations. BUYER and SELLER shall have 7 days 363 from SELLER’s receipt of such request within which to enter into a written agreement for 364 repairs/replacements/treatments. If BUYER and SELLER have not entered into such written 365 agreement within the 7 days, then BUYER may terminate this Agreement by giving written 366 notice of termination to SELLER within 3 days after the 7 days, or be deemed to have accepted 367 the Property without repairs/replacements/treatments except as may otherwise be provided in 368 this Agreement. BUYER'S request for repairs/replacements/treatments or written agreement 369 between BUYER and SELLER as to same shall not eliminate BUYER's right to terminate this 370 Agreement at any time within the Inspection Period. 371 If this Agreement is terminated as provided in this paragraph, BUYER and SELLER shall be released 372 from all further obligations under this Agreement except as otherwise provided in this paragraph 14. 373 Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide SELLER with paid 374 receipts for all investigations and inspections, if any.
375 BUYER shall be responsible for prompt payment for all of BUYER’s inspections and investigations. 376 BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and 377 costs which may arise out of any contract, agreement, or injury to any person or property as a result of 378 any activities of BUYER and BUYER’s agents and representatives relating to inspections and 379 investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing 380 conditions of the Property or out of SELLER’s negligence, willful acts or omissions.
381 SELLER shall have any agreed upon repairs/replacements/treatments completed by appropriately 382 licensed persons within 10 days after entering into a written agreement for such with BUYER and receipt 383 by SELLER of written notice of BUYER’s loan approval, if applicable. SELLER shall notify BUYER in 384 writing upon completion of all agreed upon repairs/replacements/treatments and provide BUYER with 385 copies of all receipts for same at that time. BUYER may, within 3 days after receipt of SELLER’s written 386 notice and delivery of such receipts, reinspect the Property solely to verify that SELLER has completed 387 the agreed upon repairs/replacements/treatments. No other repair/replacement/treatment issues may be 388 raised as a result of this reinspection.
389 Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER has 390 maintained the Property in the condition required in this Agreement.
391 (B) Broker's Notice: BUYER and SELLER acknowledge and agree that neither the Listing Broker nor Selling 392 Broker warrants the condition, size or square footage of the Property, and neither is liable to BUYER or 393 SELLER in any manner whatsoever for any losses, damages, claims, suits, and costs regarding same. 394 BUYER and SELLER hereby release and hold harmless said Brokers and their licensees from any 395 losses, damages, claims, suits, and costs arising out of or occurring with respect to the condition, size or 396 square footage of the Property. Brokers shall not be liable for the performance by any provider of 397 services or products recommended by Brokers. Such recommendations are made as a courtesy. BUYER 398 and SELLER may select their own providers of services or products.
399 (C) BUYER's Responsibility: Repairs, replacements and treatments to the Property after date of closing or 400 BUYER’s possession, whichever occurs first, will be BUYER's responsibility unless otherwise agreed in 401 writing.
402 15. POSSESSION: 403 BUYER will be given possession at closing; 404 or 405 BUYER will be given possession within _____ days after closing at no rental cost to SELLER or as 406 otherwise set forth in paragraph 17 hereof. 407 If neither box is marked then BUYER will be given possession at closing.
408 If possession is to be delivered before or after closing, the BUYER and SELLER shall execute a 409 separate possession agreement prepared by legal counsel at possessor’s expense at least 5 days 410 before closing.
411 SELLER shall sweep the Property clean and remove all personal property not included in sale by time of 412 BUYER's possession.
413 SELLER represents that there are no parties in possession other than SELLER, or that any parties in 414 possession other than SELLER shall vacate the Property before the date of closing; 415 or 416 BUYER understands that the Property is available for rent or rented and the tenant may continue in 417 possession following closing unless otherwise agreed in writing between the landlord and tenant. Within 5 418 days after date of acceptance of this Agreement, SELLER shall provide BUYER with a copy of all current 419 leases and rent rolls for the Property and deliver to BUYER originals of same at closing. At closing, all tenant 420 deposits will be transferred from SELLER to BUYER, and any leases shall be deemed to have been 421 assigned by SELLER to BUYER. This Agreement shall be deemed an assignment of any leases upon 422 closing, and the obligations thereunder assumed by BUYER.
423 16. PERSONAL PROPERTY: The following items, if owned by SELLER and existing on the Property on the 424 date of the initial offer, are included in the Purchase Price: range/oven, cooktop, dishwasher, disposal, 425 ceiling fans, intercom, audio/visual system wiring, solar panels, light fixtures and bulbs, smoke detector(s), 426 bathroom mirrors, drapery hardware, all window treatments, garage door opener and controls, security gate 427 and other access devices, mailbox and mailbox key, if applicable fence, plants and shrubbery as now 428 installed on the Property, and those additional items checked below (to which no value has been assigned).
429 Refrigerator(s) Microwave Oven Pool fence/barrier Mounted/installed speakers 430 Washer Window/wall a/c Pool Sweep Water softener/treatment system 431 Dryer Built-in Generator Above Ground Pool Storm shutters and panels 432 Gas logs Wine cooler Storage Shed Spa or hot tub with heater 433 Trash Compactor 434 Other (specify): ____________________________________________________________________
435 ___________________________________________________________________________________
436 Items specifically excluded from this Agreement:
437 ___________________________________________________________________________________
438 ___________________________________________________________________________________
439 17. ADDENDA/RIDERS/DISCLOSURES : 440 If marked the following are attached hereto and made a part of this Agreement: 441 Condominium Rider 442 Homeowners’ Association/Community Disclosure Addendum 443 Lead-Based Paint Disclosure For Residential Sales Addendum (required for pre-1978 homes) 444 Continued Marketing Addendum 445 Coastal Construction Control Line Disclosure Addendum 446 Short Sale Addendum 447 USDA Financing Addendum 448 For Your Protection: Get a Home Inspection (for FHA Financing) 449 Counter Offer Addendum (To accept a counter offer, BUYER and SELLER must sign both this Agreement 450 and the Counter Offer Addendum.) 451 Energy-Related Improvement Assessment Addendum ( affects only properties that have PACE financing ) 452 Other (Specify here) _________________________________________________________________
453 ADDITIONAL TERMS AND CONDITIONS: _________________________________________________
454 ____________________________________________________________________________________
455 ____________________________________________________________________________________
513 If this Agreement is not understood, BUYER and SELLER should seek competent legal advice.
514 WIRE FRAUD ALERT. Criminals are hacking email accounts of real estate agents, title companies, 515 settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to 516 the account of the criminal. The emails look legitimate, but they are not. BUYER and SELLER are 517 advised not to wire any funds without personally speaking with the intended recipient of the wire to 518 confirm the routing number and the account number. BUYER and SELLER should not send personal 519 information such as social security numbers, bank account numbers and credit card numbers except 520 through secured email or personal delivery to the intended recipient. BUYER and SELLER agree to 521 indemnify and hold harmless all brokers from all losses, liabilities, charges and costs they may incur 522 due to any and all wire transfers or wire instructions relating to the transfer or issuance of funds.
523 ____________________________ _____________ ____________________________ ____________ 524 BUYER DATE SELLER DATE 525 Marital Status: ________________________________ Marital Status: ______________________________
526 ____________________________ _____________ ____________________________ ____________ 527 BUYER DATE SELLER DATE 528 Marital Status: ________________________________ Marital Status: ______________________________
529 ____________________________ _____________ ____________________________ ____________ 530 BUYER DATE SELLER DATE 531 Marital Status: ________________________________ Marital Status: ______________________________
532 ____________________________ _____________ ____________________________ ____________ 533 BUYER DATE SELLER DATE
534 Marital Status: ________________________________ Marital Status: ______________________________
535 Mark if any SELLER is not a U.S. Citizen or resident alien.
536 Broker, by signature below, acknowledges receipt of $ _____________________ cash check as the binder 537 deposit specified in paragraph 1(A) of this Agreement. It will be deposited and held in escrow pending 538 disbursement according to the terms hereof, together with any additional binder deposit(s) escrowed by the terms 539 of this Agreement.
540 ___________________________________ _____________________________ ____________________ 541 Company By Title
END OF PURCHASE AND SALE AGREEMENT
542 Broker joins in this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 543 12 and 18 above. This Agreement shall not be used to modify any multiple listing service or other offer of 544 compensation made by Listing Broker or SELLER to Selling Broker.
545 __________________________________________ _________________________________________ 546 Firm Name of Selling Broker Firm Name of Listing Broker
547 __________________________________________ _________________________________________ 548 Broker’s State License ID (BK Real Estate Number) Broker’s State License ID (BK Real Estate Number)
549 __________________________________________ _________________________________________ 550 Phone for Selling Broker Phone for Listing Broker
551 __________________________________________ _________________________________________ 552 Selling Broker Office Address Listing Broker Office Address
553 __________________________________________ _________________________________________ 554 Selling Broker City, State, Zip Code Listing Broker City, State, Zip Code
555 By: ______________________________________ By: ______________________________________ 556 Authorized Licensee Signature Authorized Licensee Signature
557 ______________________________________ ______________________________________ 558 Printed Name of Licensee Printed Name of Licensee
559 ______________________________________ ______________________________________ 560 Email Address Email Address
561 ______________________________________ ______________________________________ 562 Phone for Selling Licensee Phone for Listing Licensee
563 ______________________________________ ______________________________________ 564 Licensee’s State License ID Licensee’s State License ID 565 (BK or SL Real Estate Number) (BK or SL Real Estate Number)
