Property Sale Agreement
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PREPARED FOR
[Buyer Name]
PREPARED BY
[Seller Name]
TERMS AND CONDITIONS.
4. INSURANCE.
The Seller agrees to furnish the Buyer a standard form of owner's property insurance policy at the Seller's expense, issued by [Insurance Company Name] qualified to insure Property in [Insurance Company State], in an amount of the Purchase Price, which insures and indemnifies the Buyer against loss on account of any defect in the Property, otherwise, the amount shall be refunded.
5. INSPECTION.
The Buyer reserves the right to inspect the Property for any defects or other relevant matters before closing the sale. The Buyer understands that professional inspection services, pest controllers, and/or contractors licensed to practice in [State] shall be engaged for this purpose. The Buyer shall send a written notice of any defects to the Seller in addition to a copy of the inspection reports within [Due date for the buyer to report defects] after the inspection.
6. PROPERTY SURVEY.
Prior to the Closing Date and at the Buyer's sole discretion, the Seller shall furnish a new survey to the Buyer, and the said survey must be made by a professional land lawyer acceptable to the Buyer.
7. PROPERTY CONDITION.
The Buyer hereby represents that it has inspected the Property and accepts the Property in its present condition.
8. RISK OF LOSS.
The Seller shall bear all risks of loss to the Property or its improvements that include, but are not limited to, the physical damage or destruction to the Property until the Closing Date.
If the Property is destroyed or materially damaged between the Effective Date and the Closing Date and the Seller is unable to restore it to its previous condition before Closing, the Buyer shall have the option of canceling this Agreement and receiving its Earnest Money or accepting the Property in damaged condition.
If the Buyer elects to accept the Property in its damaged condition, any insurance proceeds will be assigned from the Seller to the Buyer, and the Buyer shall receive an amount equal to the deductible under the Seller's insurance policy.
9. REPRESENTATIONS AND WARRANTY.
The Seller represents and warrants that:
(a) All liens, outstanding mortgages, assessments, or taxes affecting the Property have been paid prior to the Closing.
(b) No government agency has served any notice to the Seller requiring repairs or corrections of any condition.
10. TITLE AND CONVEYANCE.
Upon Closing, the Seller shall convey the title to the Buyer by a general warranty deed.
11. TERMINATION.
14. NOTICES.
Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the mentioned address.
15. SEVERABILITY.
In the event any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.
16. FORCE MAJEURE.
If at any time during the subsistence of the Agreement, and notwithstanding anything to the contrary contained in these presents, the Property is destroyed or damaged by fire, any acts of God, war, acts of terrorism, or due to any other cause beyond the control of either Party and not attributable to any act, so that the Property becomes unfit for occupation and use by the Seller, then in such event the sale of the Property hereby reserved shall be suspended until the Property is rendered fit for occupation and use, provided that in the event the property cannot be occupied by the Buyer within a period of [Occupancy Readiness Period_Force Majeure] day(s) of the occurrence of such an event, then in such case, either Party shall terminate this Agreement by giving the other [Termination Notice Period_Force Majeure] day(s) notice in writing.
17. MODIFICATION.
No modification of this Agreement shall be made unless in writing signed by both Parties.
18. GOVERNING LAW.
The Parties agree that this Agreement shall be governed by the laws of [Governing Law]. In the event the Parties do business in different states, this Agreement shall be governed by the laws of [Jurisdiction].
19. ENTIRE AGREEMENT.
The Parties acknowledge that this Agreement sets forth and represents the entire agreement between both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
ACCEPTANCE AND SIGNATURE.
IN WITNESS WHEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
[Buyer Name]
[Seller Name]
Name:
Name:
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