Full Text
lB REAL ESTuo.. E PURCHASE AND SALE AGI, • .:EMENT AND RECEIPT FOR EARNEST MONEY REALTOR® THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT INCLUDING THE GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT 1 10#913229-------- 2 1. REAL ESTATE OFFICES: 3 Listing Agency Moscow Realty 4 MLS Office# 5 6 Listing Agent Name EBc.!io!l!clLVe_En;o!.'S;.on or REALTORS'" Inc f Ada Cown!y Assocmt1on of REALTORSe. Inc Ali rights reserved 191 R E 21 EFFECTIVE DATE AUGUST 1, 1997 Prepared By: Bill Venosdel , Co.Moscow ReaJ. t SIN: Wl0-6270 Date: 04/28/98 Pnnted usmg pcFORMationlM Software. v. 12197. (408) 947·2107 ---PAGE BREAK--- 192 PURCHASE & SALES AGREEMENT RE21 PAGE 4 193 194 PROPERTY ADDRESS: 10#: 13229 195 196 20. COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER uniess otherwise agreed herein, or provided by 197 law or required by lender, or otherwise stated herein. The bel0111 costs WI! be paid as indicated. Some costs are subject to loan program requirements. 198 SELLER agrees to pay a maximum of $ lender/appraiser required repair costs. 199 200 201 202 203 204 205 206 207 208 209 210 211 Appraisal Fee Closing Escrow Fee Attorney Contrac!/Docum ent Preparation Fee/Cost Loan Document Preparation Flood Certification Fee Flood Traceing Fee Loan Assumpt.on Fee TaQ Servtce Fee BUYER SELLER Shared Equally Not BUYER Applicable Title Ins_ Standard Coverage Owner's Policy Title Ins. Extended Coverage Lender's Policy Title Ins_ Extended Coverage Owner's Policy Septic Inspection Septic Plumbing Surfay Weli InspectiOn Appra1sa1 Re-mspect10n Fee SELLER Shared Not Equally Applicable 212 21. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all of 213 which shall together constitute one and the same instrument. 214 22. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all 215 prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any øNarranty of habitability, agreements 216 or representations not expressly set forth herein shaH be binding upon either party. 217 23. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission 218 shaH be the same as delivery of an originaL At the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures 219 by signing an original document 220 221 24. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: accepting the Earnest Money as liquidated 222 damages or pursuing any other !awful right or remedy to which SELLER may be entitled_ If SELLER elects to proceed under SELLER shall make 223 demand upon the ho1der of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker 224 on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, 225 inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER's Broker, 226 provided that the amount to be paid to SELLER's Broker shall not exceed the Broker's agreed-to commission. SELLER and BUYER specifically 227 acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER's so!e and exclusive remedy, 228 and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under the holder of the Earnest Money shall be entitled to pay 229 the costs incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, Vlithout limitation, the costs of brokerage 230 fee, title insurance, escrow fees. credit report fees, inspection fees and attorney's fees, \Nith any balance of the Earnest Money to be held pending 231 resolution of the matter. 232 If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned 233 to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, 234 if any. This shaH not be considered as a waiver by BUYER of any other !awful right or remedy to V'lhich BUYER may be entitled. 235 25. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this Agreement 236 ma)t be provided to the County Assessor's Off1ce by either party or by either party's Broker. 237 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 238 239 27. CLOSING: On or before the closing date, BUYER and SELLER shaH deposit \>'lith the closing Agency all funds and instruments necessary to complete 240 this transaction. The closing date shall be no later than Ha 2 2 19 9 8 241 The parties agree that the "dosing agency" for this trans acSt'cio'::n:-"- sha;':';l;-1 t-:a c-cCc;- o :ccu-::n t = - ·7i t " 242 If a longöterm escrow I collection is involved, then the long-term escrow holder shall be 243 28. POSSESSION: Buyer shaH be entitled to possession 8 upon closing or 0 date time . "Closing÷ means the date 244 on which aU documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. Property taxes and water 245 assessments (using the last available assessment as a basis), rents, interest and reserves, Hens, encumbrances or obligations assumed and utilities shall 246 be pro-rated as of closing BUYER shall pay for fuel in tank, amount to be determined by the supplier at SELLER's expense. 247 248 BUYER.L-ER ackn,wlC9__g . rec iP} _ of copy of this page, whic1Jrf>Witge 4 of 5 Pages. 249 BUYER's Initial C . / D!de SELLER·s lnilials L.CJ.!:l!j - Date 250 Th1s form 1s pnnted-and d1stnbuted by the Idaho Assoc!at10 f ALTORSSo, inc I Ada County AssociatiOn of REALTORSE 5 256 257 PROPERTY ADDRESS: ID#: 9c_ _ 256 259 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special considerations and/or 260 contingencies which must be satisfied prior to closing; This agreement is contingent upon approval of this 261 purchase by the Moscow City Council. 262 263 264 30. REPRESENTATION CONFIRMATION: 265 266 In this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER ('agent' or 'nonagent' or 'limited dual agent'): 267 268 Listing broker acted as a(n) non-a ent for the BUYER 269 270 Selling broker acted as a(n) non-a ent for the BUYER. 271 272 In this transaction, the brokerage(s) involved has the following relationship(s) with the SELLER ('agent' or 'nonagent' or 'limited dual agent'): 273 274 Listing broker acted as a(n) a ent for the SELLER. 275 276 Selling broker acted as a(n) a ent for the SELLER 277 278 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and has elected the 279 relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH 280 PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND !S NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN 281 AGREEMENT FOR AGENCY REPRESENTATION_ 282 31. ACCEPTANCE: BUYER's offer is made subject to the acceptance of SELLER on or before (Date) 04/28/98 and ( Time) 20: 42: 50 283 lf SELLER does not accept this Agreement within the time specified, the entire Earnest Money shaH be refunded to BUYER on demand. 284 285 32. BUYER'S SIGNATURES: 1/We further ackno'Niedge receipt of a ft. copy of this Agreement. 286 287 7f"- -o>'number of BUYER addendum(s) attached.) J 288 BUYER BUYER Signature 289 290 BUYER (Print Name) BUYER (Print 291 Date 641.:.51 9-3 _ Time 20. 12. SCPhone # Date 04/28/98 Time 20:42: Sa?hone # _ 292 293 Address 294 Address 295 City Slate Zip CITy Stale Zip 296 297 33. SELLER'S SIGNATURES: 298 On this date, !M/e hereby approve and accept the transaction set forth in the above Agreement and agree to carry out aU the terms thereof on the part 299 of the SELLER. lN>/e further acknowledge receipt of a true copy of this Agreement signed by both parties. 300 0 SIGNATURE(S) SUBJECT TO COUNTER OFFER 0 SEE ATTACHED SELLER ADDENDUM 301 0 SEE ATTACHED SELL}! 0 SEE ATT 302 / 303 SELLER Signature_f,;Zf!:.l:_.t:::i;=:..J====" SELLER Signature _ 304 306 Date 04/28/98 307 308 Address 309 Address 310 Cily Slale City Slate 311 312 34. BUYER'S ACKNOWLEDGMENT OF RECEIPT INAL COPY BEARING ALL SIGNATURES: 313 A true copy of the foregoing Agreement, th SELLER and containing the full and complete description of the premises, is hereby received on 314 this y of 19 _ _ _ _ 315 316 BUYER BUYER 317 318 ledge receipt of copy of this page, which constitutes Page 5 of 5 Pages. 319 This form IS printed and d1stnbuted by the Idaho Association of REALTORS