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Agreement To Purchase Real Estate


Agreement To Purchase Real Estate Page 2
SAMPLE (continued)
3. Real Estate Taxes, Assessments, and Adjustments
Real Estate Taxes accrued against the property shall be prorated through the date of closing the sale and Seller
shall pay all taxes allocated to the property through that date of acceptance of this offer to purchase. Rents, if any,
shall be prorated through the date of closing and all rent deposits shall be transferred to Purchaser. Existing
casualty insurance shall be canceled/prorated through the date of closing.
4. Title to the Property
Seller shall provide purchaser prior to the closing and promptly after the acceptance of this offer, at Seller’s
expense and at Seller’s option an abstract of title to the property brought down to date or an owner’s policy of title
insurance in an amount equal to the purchase price, said abstract of policy to show marketable or insurable title to
the real estate in the name of Seller subject only to easements, zoning and restrictions of record and free and clear
of all other liens and encumbrances except as stated in this offer. If the abstract or title policy fails to show
marketable or insurable title in Seller a reasonable time shall be permitted to cure or correct defects. Seller shall
convey title to Purchaser at the time of closing by a good and sufficient general warranty deed free and clear of all
liens and encumbrances except as otherwise provided in this offer and subject to easements, zoning and
restrictions of record.
5. Possession of the Property
Purchaser shall be given possession of the property on _______________, 20____. A failure on the part of Seller
to transfer possession as specified will not make Seller a tenant of Purchaser, but in such event Seller shall pay to
Purchaser $____________________per day as damages for breach of contract and not as rent. All other
remedies, which Purchaser may have under law, are reserved to Purchaser.
6. Risk of Loss
The risk of loss by destruction or damage to the property by fire or otherwise prior to the closing of the sale is that
of Seller. If all or a substantial portion of the improvements on the property are destroyed or damaged prior to the
closing and transfer of title this agreement shall be void able at Purchaser’s option and in the event Purchaser
elects to avoid this agreement the earnest money deposited shall be promptly refunded.
7. Improvements and Fixtures Included
This offer to purchase includes all improvements, buildings and fixtures presently on the real estate including but
not limited to electrical, gas, heating, air conditioning, plumbing equipment, built-in appliances, hot water heaters,
screens, storm windows, doors, Venetian blinds, drapery hardware, awnings, attached carpeting, radio, television
antennas, trees, shrubs, flowers, fences and
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8. General Conditions
It is expressly agreed that this agreement to purchase real estate includes the entire agreement of Purchaser and
Seller. This agreement shall be binding upon the heirs, personal representatives, successors and assigns of both
Purchaser and Seller. This agreement shall be interpreted and enforced in accordance with the laws of the State
of______________________________.
Agreement To Purchase Real Estate