Buyers Agreement Template

BUYERS AGREEMENT

This Buyers Agreement ("Agreement") is entered into as of by and between Buyer Name: with Mailing Address: and Seller Name: with Mailing Address: .

RECITALS

WHEREAS, Seller is the owner of the real property and improvements described as:

WHEREAS, Buyer wishes to purchase and Seller wishes to sell the Property on the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend by this Agreement to establish the rights and obligations of each party with respect to the purchase, sale, and transfer of the Property.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. PURCHASE AND PURCHASE PRICE

1.1 Purchase. Seller agrees to sell and Buyer agrees to purchase the Property on the terms set forth in this Agreement.

1.2 Purchase Price. The total purchase price for the Property shall be $ (the "Purchase Price"), payable as provided in this Agreement.

2. EARNEST MONEY AND ALLOCATION

2.1 Earnest Money. Upon execution of this Agreement, Buyer shall deposit earnest money in the amount of $ to be held in escrow by: .

2.2 Allocation. At Closing, the earnest money shall be applied to the Purchase Price. If this Agreement is terminated pursuant to a default by Buyer, Seller may retain the earnest money as liquidated damages to the extent permitted by law, provided such retention is a reasonable estimate of Seller's damages.

3. FINANCING

3.1 Financing Contingency. This Agreement is conditioned upon Buyer obtaining financing on terms acceptable to Buyer within days after the Effective Date.

3.2 Financing Approval. Buyer shall provide written notice to Seller of financing approval or disapproval. If Buyer does not timely obtain financing approval, Buyer may terminate this Agreement by written notice and earnest money shall be returned to Buyer, except as otherwise provided herein.

4. CLOSING

4.1 Closing Date. The closing of the purchase and sale (the "Closing") shall take place on or before at a location or by remote means mutually acceptable to the parties.

4.2 Deliveries. At Closing, Seller shall deliver to Buyer: (a) a properly executed and recordable deed conveying marketable title to the Property free and clear of all liens and encumbrances except those expressly permitted by this Agreement; (b) certificates and documents reasonably required by Buyer or Buyer’s lender; and (c) any keys, access codes, and manuals pertaining to the Property.

5. TITLE AND CONVEYANCE

5.1 Title. Seller shall convey title by general warranty deed (or other form specified below: ) subject only to permitted exceptions. Title shall be marketable and insurable at standard rates.

5.2 Title Objections. Buyer or Buyer’s title insurer shall have the right to object to any title exceptions within days after receipt of title commitment. Seller shall have a reasonable period to cure such objections.

6. INSPECTIONS AND CONDITION

6.1 Inspections. Buyer shall have the right to conduct inspections of the Property within days after the Effective Date. Buyer shall deliver to Seller written notice of any material defects or unsatisfactory conditions discovered.

6.2 Condition at Closing. Except as expressly set forth in this Agreement, Seller makes no representations or warranties as to the condition of the Property, and Buyer accepts the Property in its then-existing condition, subject to Seller’s obligations to cure identified defects as provided herein.

7. REPRESENTATIONS AND WARRANTIES

7.1 Seller Representations. Seller represents and warrants that: (a) Seller is the lawful owner of the Property with authority to sell; (b) there are no undisclosed material defects known to Seller; (c) no pending litigation exists affecting the Property; and (d) no notices of violation, condemnation, or environmental claims have been received except as disclosed in writing to Buyer.

7.2 Buyer Representations. Buyer represents that Buyer has the authority to enter into this Agreement and that all financial information provided in connection with Buyer’s purchase is true and accurate.

8. RISK OF LOSS

If, prior to Closing, the Property is materially damaged or destroyed by fire or other casualty, Buyer may elect to (a) terminate this Agreement and receive a full refund of earnest money, or (b) proceed to Closing with an equitable adjustment to the Purchase Price for insurance proceeds or repair costs. Seller shall provide Buyer prompt written notice of any such casualty.

9. DEFAULT AND REMEDIES

9.1 Seller Default. If Seller defaults in the performance of Seller’s obligations, Buyer may pursue specific performance, recover actual damages, or terminate this Agreement and recover earnest money, subject to applicable law.

9.2 Buyer Default. If Buyer defaults, Seller may retain the earnest money as liquidated damages or pursue other remedies available at law or in equity; provided, however, Seller shall mitigate damages and any retention of earnest money shall not be a penalty but a reasonable pre-estimate of damages.

10. NOTICES

All notices under this Agreement shall be in writing and deemed given when delivered in person, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses specified above or such other address as a party designates by written notice.

11. CLOSING COSTS, PRORATIONS AND TAXES

Closing costs shall be allocated between Buyer and Seller in accordance with local custom, except as otherwise provided in this Agreement. Real estate taxes, assessments, rents, and other proratable items shall be prorated as of the Closing Date.

12. INDEMNIFICATION

Each party shall indemnify, defend, and hold harmless the other party from and against any and all claims, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from that party’s breach of this Agreement or from its negligent or willful acts or omissions in connection with the Property.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any action arising out of this Agreement shall lie exclusively in the state or federal courts located within said state.

14. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS; WAIVER

14.1 Entire Agreement. This Agreement, together with all exhibits and addenda expressly incorporated herein, constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements.

14.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Amendments and Waiver. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in a writing signed by both parties. No waiver by either party of any breach shall operate as a waiver of any subsequent breach.

15. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means (including PDF or other electronic signature platforms) shall be deemed original signatures for all purposes.

ADDITIONAL TERMS

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