“AS IS” Residential Contract for Sale and Purchase of Real Estate

REAL ESTATE PURCHASE AND SALE AGREEMENT

This Agreement is made effective as of the last signature date, by and between / , whose mailing address is , , , hereinafter referred to as the “Seller”, and Home Merrit, LLC, whose mailing address is 30 N Gould St Ste R Sheridan, WY 82801, hereinafter referred to as the “Buyer”. Buyer and Seller are hereinafter jointly referred to as the "Parties".

PROPERTY DETAILS

Location 1: , ,

·         County:  

·         Tax ID:

·         Legal Description:

I. PURCHASE TERMS

·         Price: $

II. CLOSING & TITLE

Closing Costs:

Escrow/Title Agent: The selection of the Escrow/Title Agent shall be determined by the buyer.

Closing Timeframe: days, with possible extensions.

Additional Terms, Conditions, Addenda or Exhibits:

A. Closing date to be automatically extended 30 days if any component preventing clear title is not obtained due to no fault of either the buyer or seller.

a) Seller expressly agrees and acknowledges that Buyer shall record an Affidavit and Memorandum of Agreement for Purchase and Sale of the Property in the Official Records of Additionally, we retain the option to extend this registration to include any other county or area deemed necessary for legal compliance.

b) The Seller expressly agrees to and acknowledges that the Affidavit and Memorandum of Agreement for Purchase and Sale shall constitute an encumbrance on the Property. It shall serve as formal notice to any interested party that the Seller is under a legally binding agreement to sell the Property to the Buyer as outlined in the Agreement, in accordance with the relevant statutory provisions.

c) Buyer shall have the exclusive right to cancel this contract or renegotiate purchase price if title examination reveals any undisclosed issues or legal encumbrances on the property. Earnest Money Deposit of will be in escrow by Title Company or Attorney. Earnest money is refundable to the Buyer if title is not insurable. If title is not clear on the COE date or if there are issues with title that do not allow it to be insurable (such as probate, tax liens, payoff statements delays, or other title delays) then Buyer and Seller agree to extend the date of COE for up to 60 calendar days to obtain clear title. During this time this contract may be terminated by option of Buyer whereas all earnest monies to be refunded to buyer.

d) Buyer to have immediate access to property, upon request, for the purposes of inspection, photos, mitigation of existing code

violations, and maintenance of premises to prevent future code violations.

e) Buyer to have immediate access to property, upon request, for the purposes of inspection, photos, mitigation of existing code violations, and maintenance of premises to prevent future code violations. Buyer shall have 30 days after Effected Date ("Inspection Period") within which to have such inspections of the Property performed as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice of such election to Seller prior to expiration of Inspection Period.

f)

III. PRE-MARKETING AGREEMENT

Buyer has the right to market its contract interest in the Property in Buyer's sole discretion, which may include, but is not limited to listing the Property and Buyer's contract interest in the Property on any Multiple Listing Service ("MLS"). Seller, hereby appoints Buyer as its attorney in fact with the full power and authority to act in the name and place of Seller for the execution of any and all documents and offers necessary to list the Property and Buyer's contract interest in the Property on the MLS, investor networks, Zillow, and/ or realtors for the purpose of marketing & selling the Property. This includes executing listing agreement(s), listing agreement addendum(s), disclosures, sales contracts and addendums. The authority herein shall include such incidental acts as reasonably required to carry authorities granted herein. This authorization is effective upon execution. This authorization may be revoked when the above state one (1) time power or responsibility has been completed. This authorization form shall automatically be revoked upon my death or incapacitation, provided any person relying on this power of attorney shall give full rights to accept and rely upon the authority of the Attorney-in-Fact until the receipt of actual notice of revocation.

IV. ASSIGNMENT OR NOVATION

(a)Seller hereby grants to Buyer the irrevocable right to partner with other investors/third parties and/or to assign this Contract or any of its rights hereunder to any third-party purchaser, person, partnership, corporation or other entity of Buyer’s choosing, or to novate this Contract with a replacement contract with a third-party purchaser of Buyer’s choosing. In either such event, Seller shall cooperate fully, at Buyer’s request, to transfer title to the Property directly to the Assignee or third-party purchaser; provided, however, that Buyer, Assignee or third-party purchaser shall be responsible for all additional transfer tax payable by Seller as a result of any assignment or novation unless otherwise agreed to in writing.

(b)Upon such assignment or novation of this Contract by Buyer, Seller hereby releases and forever discharges Buyer, its shareholders, trustees, members, managers, officers, directors, employees, affiliates, brokers, agents, licensees, and subsidiaries from any and all claims, demands, damages, actions, causes of action, administrative claims, or suits of any kind or nature whatsoever, and particularly on account of all injuries or losses, known and unknown, to Buyer's person, property and/or finances, which may arise out of, relate to, result from or may in the future develop from this Contract and the transaction contemplated by this Contract. Seller agrees to look solely towards the substituted Assignee or third party purchaser, who will step into Buyer’s shoes to ultimately purchase the Property.

(c)Seller hereby understands Buyer may assign or novate the Contract to a third-party and that Seller may be closing the sale with someone other than the Buyer. Seller agrees to honor the terms and conditions of the contract as drafted to the substituted Assignee or third-party purchaser. This Contract shall be binding upon the parties, their respective heirs personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto; it being expressly understood, however, that Buyer may assign or novate this Contract to any third-party without the consent of Seller.

(d)Seller may not assign or novate this Contract without Buyer's written consent.

IV. MEMORANDUM OF CONTRACT

Seller agrees that Buyer may, individually, execute, acknowledge and record a memorandum of this contract in the form attached hereto, incorporated herein and titled as the "Memorandum of Contract.” Seller also agrees that Buyer, individually, may deliver the Memorandum of Contract to the Escrow Agent for purpose of recording, and the Escrow Agent shall record the Memorandum of Contract in the Official Registry of Deeds in the County where the subject property is located, upon instruction from the buyer.

V. NO ORAL CHANGES OR REPRESENTATIONS

EACH PARTY ACKNOWLEDGES THAT THIS CONTRACT SETS FORTH IN FULL THE ENTIRE CONTRACT BETWEEN THE PARTIES, AND THAT SUCH PARTY HAS NOT RELIED ON ANY ORAL CONTRACT, STATEMENT, REPRESENTATION OR OTHER PROMISE THAT IS NOT EXPRESSED IN WRITING IN THIS CONTRACT.  This Contract supersedes any and all prior understandings and contracts.  This Contract may be amended or modified only by an agreement in writing signed by Buyer and Seller.

VI. ADDITIONAL TERMS & CONDITIONS

If there is a conflict between these Additional Terms and Conditions and any other term of condition in this Contract, then the Addition Terms and Condition shall control.

VII FINANCE CONTINGENCY

This Agreement is contingent upon Buyer securing a loan commitment for the purchase of the Property within 45 days from the Effective Date. If Buyer is unable to obtain such financing within this period, Buyer may terminate this Agreement by providing written notice to Seller. Upon such termination, Buyer shall receive a full refund of any earnest money deposit.

VIII. ACCEPTANCE & EXECUTION

Offer valid until / 11:59 PM.

Agreement effective upon the last signature.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date last signed.


Company Representative:

Dylan Coon

Managing Partner

Date of Acceptance:

Company:

Home Merrit, LLC

Seller #1 Signature

Date of Acceptance:


Seller #2 Signature (If applicable)

Date of Acceptance:

HM Assignment Contract

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