Contract for the Sale and Purchase of Real Estate

CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE
(NO BROKER)

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

, “Seller” whether one or more, and

, “Buyer” whether one or more,

do hereby covenant, contract and agree as follows:

1. AGREEMENT TO SALE AND PURCHASE: Seller agrees to sell, and Buyer agrees to buy from Seller the property described as follows: (complete adequately to identify property)

County, California.

Address:

Legal Description (or see attached exhibit):

Or, being more specifically described by the numbering system in this area as: Lot , Block , Unit , Phase/Section , of Subdivision, as recorded in Plat Book , page , County, California.

Together with the following items, if any: (Strike items to be retained by Seller) curtains and rods, draperies and rods, valances, blinds, window shades, screens, shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system with controls and equipment, permanently installed heating and air-conditioning units, window air-conditioning units, built-in security and fire detection equipment, plumbing and lighting fixtures including chandeliers, water softener, stove, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment, built-in fireplace screens, artificial fireplace logs and all other property owned by Seller and attached to the above described real property except the following property which is not included (list items not included):

All property sold by this contract is called the "Property."

2. SALES PRICE: The parties agree to the following sales price:

Both columns should be an equal amount.

3. FINANCING: The following provisions apply with respect to financing:

CASH SALE: This contract is not contingent on financing.

OWNER FINANCING: Seller agrees to finance dollars of the purchase price pursuant to a promissory note from Buyer to Seller of $ , bearing % interest per annum, payable over a term of years with even monthly payments, secured by a deed of trust or mortgage lien with the first payment to begin on the day of , 20 .

NEW LOAN OR ASSUMPTION: This contract is contingent on Buyer obtaining financing.

Within days after the effective date of this contract Buyer shall apply for all financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing or assumption approval.

If financing or assumption approval is not obtained within days after the effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer.

If Buyer intends to obtain a new loan, the loan will be of the following type:

Conventional VA FHA Other:

FHA. The appraised value of the Property of not less than $ .

VA. Buyer shall not incur any penalty if the contract purchase price or cost exceeds the reasonable value established by the Veterans Administration.

Existing Loan Review. Seller shall provide copies of the loan documents within calendar days from acceptance of this contract. If lender approval is not obtained on or before , this contract shall be terminated.

The Seller shall shall not be released from liability under such existing loan. If Seller is to be released and release approval is not obtained, Seller may nevertheless elect to proceed to closing, or terminate this agreement in the sole discretion of Seller.

Credit Information. Buyer shall supply to Seller on or before , at Buyer's expense, information and documents concerning Buyer's financial, employment and credit condition.

4. EARNEST MONEY: Buyer shall deposit $ as earnest money with upon execution of this contract by both parties.

5. TRANSFER DISCLOSURE STATEMENT; NATURAL HAZARD DISCLOSURE STATEMENT; LEAD-BASED PAINT HAZARD DISCLOSURES; AND OTHER DISCLOSURES WITH CANCELLATION RIGHTS:

Seller has actual knowledge that the Property is in, adjacent to, or affected by a zone or district allowing manufacturing, commercial or airport use.

Seller has actual knowledge that an area within one mile of the Property is identified as an area once used for military training purposes.

Seller has actual knowledge of any special tax on the Property levied pursuant to the Mello-Roos Community Facilities Act. Best estimate of yearly total: $ .

Upon receiving disclosures, Buyer has until the later of 14 days after signing or 14 days after delivery of the notice(s) to investigate and, if necessary, cancel or request remedy.

Upon request, Seller has days to remedy the defect(s) to the satisfaction of Buyer, or cancel the Contract.

6. DISCLOSURES: At least 14 days prior to Closing, Seller shall disclose if Property is located in any zone identified in 6(A) and provide other required information.

CONDOMINIUM/COMMON INTEREST SUBDIVISION: Property is a unit in a condominium or other common interest subdivision.

7. CONDITION OF PROPERTY

SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978.

An addendum providing such disclosure is attached. Not applicable.

Buyer accepts the property in its "as-is" and present condition.

Buyer may have the property inspected by persons of Buyer's choosing and at Buyer's expense. If the inspection report reveals defects, Buyer shall notify Seller within days of receipt.

Buyer accepts the Property in its present condition; provided Seller, at Seller’s expense, shall complete the following repairs and treatment:

MECHANICAL EQUIPMENT AND BUILT IN APPLIANCES: All such equipment is sold "as-is" without warranty, or shall be in good working order on the date of closing. Any repairs needed to mechanical equipment or appliances, if any, shall be the responsibility of .

UTILITIES:

Water is provided to the property by .

Sewer is provided by .

Gas is provided by .

Electricity is provided by .

Other:

The present condition of all utilities is accepted by Buyer.

8. CLOSING: The closing of the sale will be on or before , unless extended pursuant to the terms hereof.

9. TITLE AND CONVEYANCE: Seller is to convey title to Buyer by and provide Buyer with a Certificate of Title.

Title shall be good and marketable, subject only to: (a) covenants, conditions and restrictions of record, (b) utility easements and rights-of-way, (c) zoning ordinances, (d) special and other assessments, (e) general taxes for the year and subsequent years, and (f) other: .

10. APPRAISAL, SURVEY AND TERMITE INSPECTION: Any appraisal of the property shall be the responsibility of .

A survey is not required required, the cost of which shall be paid by .

A termite inspection is not required required, the cost of which shall be paid by .

11. POSSESSION AND TITLE: Seller shall deliver possession of the Property to Buyer at closing.

Title shall be conveyed to Buyer as . Other: .

12. CLOSING COSTS AND EXPENSES: The following closing costs shall be paid as provided. (Leave blank if the closing cost does not apply.)

13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents, if any, will be prorated through the Closing Date.

14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss after the effective date of the contract, Seller shall restore the Property to its previous condition as soon as reasonably possible.

15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default. If Seller fails to comply, Seller will be in default.

16. ATTORNEY'S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this contract is entitled to recover costs and reasonable attorney’s fees.

17. REPRESENTATIONS: Seller represents that as of the Closing Date there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer.

18. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law.

19. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.

20. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile machine as follows:

21. ASSIGNMENT: This agreement may not be assigned by Buyer without the consent of Seller.

22. PRIOR AGREEMENTS: This contract incorporates all prior agreements between the parties and cannot be changed except by written consent.

23. NO BROKER OR AGENTS: The parties represent that neither party has employed the services of a real estate broker or agent in connection with the property.

24. EMINENT DOMAIN: If the property is condemned by eminent domain after the effective date hereof, the Seller and Buyer shall agree to continue the closing or cancel this Contract.

25. OTHER PROVISIONS:

26. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.

27. GOVERNING LAW: This contract shall be governed by the laws of the State of California.

28. LINE LIST (Optional) (complete all that apply). Based on other provisions of Contract.

Whether or not listed above, deadlines contained in this Contract may be extended informally by a writing signed by the person granting the extension, except for the closing date which must be extended by a writing signed by both Seller and Buyer.

EXECUTED the day of , 20 (THE EFFECTIVE DATE).

EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION

RECEIPT

Receipt of Earnest Money is acknowledged.

Seller’s California Civil Code Section 1102.155 Required Disclosure

1. This addendum is a written disclosure required by the California Civil Code, Section 1102.155.

Are there any noncompliant plumbing fixtures on the property? YES No

If YES, describe location:

2. The seller hereby affirms that this representation is that of the seller and not a representation of any agent.

3. The seller further affirms that this disclosure is not a warranty of any kind.

THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE

This page is not part of the contract. It is provided by USLF to aid the seller in complying with federal lead-based paint disclosure law, for houses built prior to 1978.

Important notes concerning lead-paint disclosure requirements are provided on this page, including the requirement to complete and sign a Lead-Based Paint Disclosure form and provide the EPA pamphlet "Protect Your Family From Lead In Your Home."