REAL ESTATE PURCHASE CONTRACT OF SALE
TIME IS OF ESSENCE AS TO ALL PROVISIONS OF THIS CONTRACT THIS CONTRACT OF SALE, made and entered into as of the 5th day of September 2024 by and between Dean Allan Lupson, referred to as Seller
AND__________________________________________ hereinafter referred to as Buyer (whether one or more)
WITNESSETH
THAT the Seller in consideration of the covenants and agreements on the part of the Buyer, hereinafter contained, agrees to sell and convey to the Buyer and the Buyer agrees to purchase and pay for that real estate referred to in sale
1206A Berwick Trail, Madison TN 37115
The Covenants and agreements are as follows:
1. The total purchase price for said property shall be the sum of
$_______________________________________________________________________
(BID PRICE____________________ BUYERS PREMIUM___________________)
PAYABLE AS FOLLOWS:
a. The sum of $25,000 being a portion of the purchase price is payable upon the execution of this contract to James R. Cash II Auctioneer And Real Estate Broker "Agent of the Sellers", and being deposited in his non interest bearing escrow account, the receipt of which by check, subject to collection is hereby acknowledged.
b. The balance of $__________________________, shall be paid in certified funds at the closing of this transaction no later than _______ days from this date (9/5/2024). Sellers Closing to be handled by Sellers Attorney.
c. If the Buyer should fail to close and consummate the sale as set out herein, this portion of the purchase price held by James R. Cash II Auctioneer And Real Estate Broker "Agent of the Sellers", in his non interest bearing escrow account shall be paid to Sellers as liquidated damages to the Sellers, not withstanding any other rights or causes of action that the Sellers may have against the Buyer.
2. All of the 2024 property tax shall be pro-rated by seller. Any prior years, if any will be paid by Seller.
a. The deed to transfer title to the real property shall be prepared by Seller’s attorney and paid for by Sellers. Sellers shall pay Sellers portion of the closing expense.
b. Any and all other expense of closing cost shall be paid by Buyer.
c. The transfer conveyance tax shall be paid by the Buyer.
d. Should buyer elect for title insurance, it will be at the cost of the buyer.
3. Sellers shall convey title to the Buyer by a Warranty deed free and clear of any and all liens, encumbrances and restrictions except the following:
a. The right of way of adjacent public roads and streets, applicable subdivision, building, zoning and water restrictions, if any and no representations are made by Sellers or Auctioneer and Real Estate Broker "Agent of the Sellers", as to same.
b. Any and all utility easements or easements visible or not visible, restrictions of record or any encroachments or boundary overlaps, if any affecting said property.
c. Selling subject to any city or county restrictions or ordinances.
4. Buyer is acknowledging that they are being advised to have a legal title examination. Should the Buyer desire to have a legal title examination, it shall be at Buyers option and expense to do so.
5. In the event that there should be any matter or matters in the title to this property that are not in conformity with this contract then the Buyer shall notify the Sellers attorney, in writing at least ten (10) days prior to the date of closing of any matter or matters which are not in conformity with this contract and which cause the title to be of less than marketable quality. If no such notification is given, the title will be deemed to be acceptable to Buyer. If there is reason for notice of matters of non-conformity then upon receipt of any such notice, the Sellers shall have forty-five (45) days therefrom, at
Sellers election, to: (1) remove such defects, or (2) void the contract.
a. The Sellers may at Sellers election, extend the time of closing sixty (60) additional days, if such time is necessary for Sellers to transfer title. Should Sellers elect to void this contract due to not being able to give marketable title to the property, then Buyer shall be refunded the full earnest money deposit, and Sellers shall have no further obligation to the Buyer. Sellers shall not reimburse Buyer any expense incurred.
6. The Seller and Auctioneer - Real Estate Broker "Agent of the Seller", do not warranty the quantity of land sold and the quantity shown is for the identification of the tract/property only. If the Buyer wishes or is required to have the real estate surveyed, it will be Buyers expense to do so. The outcome of any new survey will not affect the purchase price in any way. The real estate sold by this contract is only the real estate that the Seller owns from boundary to boundary, wherever it may be. No one is authorized to represent to a buyer or prospective buyer certain area. Should the Buyer desire to have the real estate surveyed and if there is more or less area than set out in previous surveys, deeds or advertisements, that shall be no grounds for any adjustment in or modification of the consideration, or breach of this contract.
7. Property is being conveyed fully furnished as is day of sale.
A Buyer acknowledges that trash, debris or dump sites may be present on the property. Any such debris and trash left on the property shall be the responsibility and expense of the Buyer to remove.
8. The property is sold AS IS with no improvements or repairs to be made or cleaning to be done. Any debris shall be the Buyers responsibility to remove. The property is not being conveyed for any particular future use or suitability. The Sellers, Real Estate Broker, Auctioneer, "Agent of Sellers" does not expressly or implicitly warrant or guarantee, or make any representation as to the condition of the property including but not limited to plumbing, water sources, septic, electrical, heating, cooling systems or as to the structural soundness of the buildings. No representation is being made as to the capabilities of the structure on the property, as pertaining to any physical, functional or mechanical ability. No representation is being made as to be free from mold, insect, rodent or termite damage or infestation. No representation is being made as to the adequacy of the insulation. No representation is being made as far as the basement/crawl space or any moisture that may be currently or past present. No representation is being made as to the soundness or condition of any roof. No representation is being made as to the actual age or square footage.
9. Rental information (if any) provided is obtained from sources deemed to be reliable, The Auctioneer, Broker & Seller make no warranty or guarantee actual or implied as to the accuracy of the information. All information is provided as a courtesy. This includes rental history, Income or leases. Any past rent collected by Seller does not guarantee any possible future income.
10. The Buyer agrees to hold Sellers and Auctioneer And Real Estate Broker "Agent of the Sellers", harmless and to indemnify them from any loss, cost or damages of any type whatsoever arising out of the condition of the premises which might violate any law, ordinance or governmental regulation relating to environmental protection.
11. The property is selling subject to any governmental law, statue or regulation relating to wetlands or flood zone areas, if any.
12. Possession and right of entry to the property shall be given at the closing of this transaction. When deed is transferred, and property is paid in full.
13. The Buyer is aware they should acquire insurance coverage to protect their interest in the property herein. In the event that buildings or structures burn, or be destroyed before possession is given, the Sellers shall not repair, replace or pay for any such loss, should it occur. Buyer and Seller may mutually agree upon new terms, should this occur.
14. Buyer acknowledges that he is not relying on advertising materials or verbal statements not contained herein. Buyer certifies he has examined the property and is thoroughly acquainted with its condition and accepts it as such. This contract constitutes the entire and final agreement between Sellers and Auctioneer and Real Estate Broker "Agent of the Sellers", and no oral, verbal or implied agreement or understanding, promise, representation or warranty shall cancel or vary the terms of this contract. Upon signing this document, all of the terms, conditions and covenants of this agreement shall be binding upon and shall inure to the benefit of the parties, their heirs, executors, administrators and assigns. The terms, conditions and covenants of this document shall not be merged into any subsequent deed and shall survive and continue in full force after the execution of the deed contemplated by this contract. The Buyer and Sellers shall indemnify and hold harmless Auctioneer and Real Estate Broker "Agent of the Sellers", from any claims or actions that may arise as a result of this transaction. The Buyer and Sellers do hereby agree to hold the Auctioneer And Real Estate Broker "Agent of the Sellers", harmless and indemnify him from any loss or cost arising out of the sale of the premises, and relating to any law, ordinance or governmental regulation relating to environmental protection.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands as of the day and date first above written.
SELLER:
_______________________________________
Date
BUYER:
________________________________________ ‘
Date
ACKNOWLEDGEMENT OF AGENT
The undersigned, James R. Cash II, Auctioneer And Real Estate Broker "Agent of the Sellers", hereby acknowledges receipt of the deposit of $_______________________________, referred to above in the form of____________________________________________________________.
__________________________________________
James R. Cash II Auctioneer & Real Estate Broker • 615-785-8982
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