Fill and Sign the Contract for Sale and Purchase of Real Estate with No Broker for Residential Home Sale Agreement Kansas Form

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, Kansas. Address:       Legal Description (or see attached exhibit):                   As described in attached Exhibit. 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: Amount Amount Purchase Price $       Earnest Money $       New Loan $       Assumption of Loan $       Seller Financing $       Cash at Closing $       Total ( both columns should be equal) $       $       Both columns should be an equal amount. If the unpaid principal balance(s) of any assumed loan(s), if any, as of the Closing Date varies from the loan balance(s) stated above, the cash payable at closing will be adjusted by the amount of any variance. 3. FINANCING: The following provisions apply with respect to financing: Buyer Initials ______ _______ - 1 - Seller Initials _______ _______ 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. Financing or assumption approval will be deemed to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditworthiness). 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: _______________________________ The following provisions apply if a new loan is to be obtained: FHA. It is expressly agreed that notwithstanding any other provisions of this contract, the Purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the Property of not less than $       . The Purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should satisfy himself/herself that the price and condition of the Property are acceptable. VA. If Buyer is to pay the purchase price by obtaining a new VA-guaranteed loan: It is agreed that, notwithstanding any other provisions of this contract, Buyer shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Veterans Administration. Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veterans Administration. Existing Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documents (including note, deed of trust or mortgage, modifications) to Buyer within       calendar days from acceptance of this contract. This contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer consents to the provisions of such loan documents if no written objection is received by Seller from Buyer within       calendar days from Buyer's receipt of such documents. If the lender's approval of a transfer of the Property is required, this contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, e x c e p t a s m a y b e a g r e e d b y B u y e r . I f l e n d e r ' s a p p r o v a l i s n o t o b t a i n e d o n o r b e f o r e       ,       this contract shall be terminated on such date. The Seller shall hall 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. Buyer Initials ______ _______ - 2 - Seller Initials _______ _______ Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not to be released at closing, this contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at Seller's sole and absolute discretion. In such case: (l) Buyer shall supply to Seller on or before       ,       , at, Buyer's expense, information and documents concerning Buyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does not provide written notice of Seller's disapproval to Buyer on or before       ,       , then Seller waives this condition. 4. EARNEST MONEY AND ADDITIONAL DEPOSITS: Buyer shall deposit $       as earnest money with       upon execution of this contract by both parties. Upon acceptance of this Contract, unless otherwise agreed, earnest money shall be deposited within 5 business days of the effective date of the Contract, in an insured escrow account maintained by the Escrow Agent or       . Any additional deposits shall be deposited within 5 business days of receipt by Escrow Agent or       . If this Contract is terminated by the express conditions of the Contract, the earnest money shall be returned to the Buyer and neither party shall have any other rights or obligations under this Contract, except as otherwise stated in this Contract. The parties understand that the Escrow Agent (or       ) cannot distribute said earnest money in the even of termination until receiving a written agreement to do so, signed by the parties. If no such agreement can be reached, the money must be handed over to the relevant court clerk for disposition as the court may direct. Buyer and Seller agree that, in the absence of a dispute or written consent to distribution, the failure by either party to respond in writing to a certified letter from Escrow Agent or       within 7 days of receipt thereof or failure to make written demand for return or forfeiture of the earnest money within 30 days of notice of cancellation/termination of this Contract shall constitute consent to the distribution of the earnest money as suggested in such certified letter. 5. PROPERTY CONDITION: 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 is not applicable. Buyer hereby represents that he has personally inspected and examined the above-mentioned premises and all improvements thereon. Buyer hereby acknowledges that unless otherwise set forth in writing elsewhere in this contract neither Seller nor Seller's representatives, if any, have made any representations concerning the present or past structural condition of the improvements. Buyer and Seller agree to the following concerning the condition of the property: 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 in the property, Buyer shall notify Seller within 5 days of receipt of the report and may cancel this contract and receive a refund of earnest money, or close this agreement notwithstanding the defects, or Buyer and Seller may renegotiate this contract, in the discretion of Seller. All inspections and notices to Seller shall be complete within       days after execution of this agreement. Buyer accepts the Property in its present condition; provided Seller, at Seller’s expense, shall complete the following repairs and treatment:                   Buyer agrees that he will not hold Seller or its representatives responsible or liable for any present or future structural problems or damage to the foundation or slab of said property. Buyer Initials ______ _______ - 3 - Seller Initials _______ _______ 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 Seller Buyer. 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. 6. CLOSING: The closing of the sale will be on or before       , 20       , unless extended pursuant to the terms hereof. Closing may be extended to within 7 days after objections to matters disclosed in the title abstract, certificate or Commitment or by the survey have been cured. If financing or assumption approval has been obtained, the Closing Date will be extended up to 15 days if necessary to comply with lender's closing requirements (for example, appraisal, survey, insurance policies, lender- required repairs, closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party will be entitled to exercise the remedies contained herein. The closing date may also be extended by written agreement of the parties. 7. EVIDENCE OF TITLE, TITLE DEFECTS, TITLE INSURANCE: Within a reasonable time after the effective date of the Contract, but not less than 14 days prior to the Closing Date, Seller agrees to deliver to Buyer a title insurance commitment from a company authorized to insure titles in the State of Kansas. Unless there is a defect in the title to the Property that is not corrected prior to the Closing Date, Buyer may not object to the untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the Buyer upon the recording of the deed or other document of conveyance. However, title to the Property shall be subject to the conditions in the Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. Buyer shall have 10 days after receipt of the title commitment to notify Seller in writing of any valid objections to title to the Property. Seller shall then make a good faith effort to remedy the defects in the title. If Seller does not remedy the title defects before the Closing Date, Buyer may: elect to waive the objections, extend the Closing Date for a reasonable time in order for the Seller remedy the defects, or cancel this Contract. Provided that if the effective date of the Contract and the Closing Date are too close together to allow for the time periods specified above, then the title commitment shall be delivered to the Buyer as soon as possible but in no case later than the Closing Date. Seller agrees to provide and pay for an owner’s title insurance policy in the amount of the purchase price insuring marketable fee simple title in the Buyer, subject to the permitted exceptions and with the exception of any liens, encumbrances, or other matters affecting title to the Property created by Buyer or arising by virtue of Buyer’s activities or ownership. The policy shall also insure Buyer as of the date of recording of the deed or other document of conveyance, against any lien or right to a lien for services, labor or material imposed by law and not shown by the public records. Seller agrees to comply with the requirements of the title company for issuance of this coverage. UNLESS OTHERWISE PROVIDED IN THIS CONTRACT, THE OWNER’S TITLE POLICY WILL INCLUDE MECHANIC’S LIEN COVERAGE. Buyer Initials ______ _______ - 4 - Seller Initials _______ _______ 8 . APPRAISAL, SURVEY, TERMITE INSPECTION: Any appraisal of the property shall be the responsibility of Buyer Seller. A survey is: not required required, the cost of which shall be paid by Seller Buyer. A termite inspection is not required required, the cost of which shall be paid by Seller Buyer. If a survey is required it shall be obtained within 5 days of closing. 9 . DEED, POSSESSION AND TITLE: Seller is to convey title to Buyer by Warranty Deed or       (as appropriate). Seller shall deliver possession of the Property to Buyer at closing. Title shall be conveyed to B u y e r , i f m o r e t h a n o n e a s J o i n t t e n a n t s w i t h r i g h t s o f s u r v i v o r s h i p , t e n a n t s i n c o m m o n , Other:       Prior to closing the property shall remain in the possession of Seller and Seller shall deliver the property to Buyer in substantially the same condition at closing, as on the date of this contract, reasonable wear and tear excepted. 10. CLOSING COSTS AND EXPENSES: The following closing costs shall be paid as provided. (Leave blank if the closing cost does not apply.) Closing Costs Buyer Seller Both* Attorney Fees Title Insurance Title Abstract or Certificate Property Insurance Recording Fees Appraisal Survey Termite Inspection Origination fees Discount Points If contingent on rezoning, cost and expenses of rezoning Other:                         All other closing costs * 50/50 between buyer and seller. 11. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents, if any, will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If a loan is assumed and the lender maintains an escrow account, the escrow account must be transferred to Buyer without any deficiency. Buyer shall reimburse Seller for the amount in the transferred account. Buyer shall pay the premium for a new insurance policy. If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the current year. 12. 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. If Seller fails to do so due to factors beyond Seller’s control, Buyer may either (a) terminate this contract and the earnest money will be refunded to Buyer, (b) extend the time for performance and the Closing Date will be extended as necessary, or (c) accept the Property in its damaged condition and accept an assignment of insurance proceeds. 13. DEFAULTS AND REMEDIES: Seller or Buyer shall be in default under this contract if either fails to comply with any material covenant, agreement or obligation within any time limits required by this Contract. Following a default by either Seller or Buyer under this Contract, the other party shall have the following remedies, subject to the other provisions of this Contract: a). If Seller defaults, Buyer may either: specifically enforce this Contract and recover damages suffered Buyer Initials ______ _______ - 5 - Seller Initials _______ _______ by Buyer as a result of the delay in the acquisition of the Property; or terminate this Contract by written notice to Seller and, at Buyer’s option, pursue any remedy and damages available at law or in equity. If Buyer elects to terminate this Contract, the earnest money shall be returned to Buyer. b). If Buyer defaults, Seller may either: specifically enforce this Contract and recover damages suffered by Seller as a result of the delay in the acquisition of the Property; or terminate this Contract by written notice to Buyer and, at Seller’s option, either retain the earnest money as liquidated damages as Seller’s sole remedy (the parties recognizing that it would be extremely difficult to ascertain the extent of actual damages caused by the Buyer’s breach, and that the earnest money represents as fair an approximation of such actual damages as the parties can now determine), or pursue any other remedy and damages available at law or in equity. 14. 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 from the non-prevailing party all costs of such proceeding and reasonable attorney’s fees. 15. REPRESENTATIONS: Seller represents that as of the Closing Date (a) 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 and (b) assumed loans will not be in default. If any representation in this contract is untrue on the Closing Date, this contract may be terminated by Buyer and the earnest money will be refunded to Buyer. All representations contained in this contract will survive closing. 16. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 17. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. 18. 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: To Buyer at: To Seller at:                                     Telephone (       )       Telephone (       )       Facsimile (       )       Facsimile (       )       19. ASSIGNMENT: This agreement may not be assigned by Buyer without the consent of Seller. This agreement may be assigned by Seller and shall be binding on the heirs and assigns of the parties hereto. 20. PRIOR AGREEMENTS: This contract incorporates all prior agreements between the parties, contains the entire and final agreement of the parties, and cannot be changed except by their written consent. Neither party has relied upon any statement or representation made by the other party or any sales representative bringing the parties together. Neither party shall be bound by any terms, conditions, oral statements, warranties, or representations not herein contained. Each party acknowledges that he has read and understands this contract. The provisions of this contract shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. When herein used, the singular includes the plural and the masculine includes the feminine as the context may require. Buyer Initials ______ _______ - 6 - Seller Initials _______ _______ 21. 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, or that if such agents have been employed, that the party employing said agent shall pay any and all expenses outside the closing of this agreement. 22. 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 a portion thereof, or cancel this Contract. If the parties cannot agree, this contract shall remain valid with Buyer being entitled to any condemnation proceeds at or after closing, or be cancelled and the earnest money returned to Buyer. 23. OTHER PROVISIONS                                     24. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT. 25. GOVERNING LAW: This contract shall be governed by the laws of the State of Kansas. 26. DEADLINE LIST ( Optional) (complete all that apply ). Based on other provisions of Contract. Deadline Date Loan Application Deadline, if contingent on loan       Loan Commitment Deadline       Buyer(s) Credit Information to Seller       Disapproval of Buyers Credit Deadline       Survey Deadline       Title Objection Deadline       Appraisal Deadline       Property Inspection Deadline                                           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. Buyer Initials ______ _______ - 7 - Seller Initials _______ _______ * * * BY SIGNING BELOW, THE PARTIES AVER THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT. _____________________________________________ _______________________________________ SELLER (print name) BUYER (print name) _____________________________________________ _______________________________________ SELLER (signature and date) BUYER (signature and date) _____________________________________________ _______________________________________ SELLER (print name) BUYER (print name) _____________________________________________ _______________________________________ SELLER (signature and date) BUYER (signature and date) Buyer Initials ______ _______ - 8 - Seller Initials _______ _______ EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION RECEIPT Receipt of Earnest Money is acknowledged. Signature: Date:       , 20       By:             Telephone (       )       Address                   Facsimile (       )       City State Zip Code Buyer Initials ______ _______ - 9 - Seller Initials _______ _______ REQUIRED STATUTORY DISCLOSURES ADDENDUM SELLER: _____________________________________________________________________ BUYER: ______________________________________________________________________ PROPERTY: _ _________________________________________________________________ CONTRACT DATE: ___________________________________________________________ 1. BROKERAGE RELATIONSHIPS DISCLOSURE: a. SELLER and BUYER acknowledge that the real estate licensees involved in this transaction may be functioning as agents of the SELLER, agents of the BUYER or transaction brokers. Real estate licensees functioning as an agent of the SELLER have a duty to represent the SELLER’S interests and will not be the agent of the BUYER. INFORMATION GIVEN BY THE BUYER TO AN AGENT FOR THE SELLER WILL BE DISCLOSED TO THE SELLER. Real estate licensees functioning as an agent of the BUYER have a duty to represent the BUYER’S interests and will not be an agent of the SELLER. INFORMATION GIVEN BY THE SELLER TO AN AGENT FOR THE BUYER WILL BE DISCLOSED TO THE BUYER. Real estate licensees functioning in the capacity of a transaction broker are not agents for either party and do not advocate the interests of either party. SELLER AND BUYER ACKNOWLEDGE THAT THE REAL ESTATE BROKERAGE RELATIONSHIPS BROCHURES HAVE BEEN FURNISHED TO THEM . b. Listing Licensee is functioning as a: (Check Applicable) [ ] Seller’s Agent or [ ] Designated Seller’s Agent (Supervising Broker acts as Transaction Broker) or [ ] Transaction Broker, or [ ] Seller(s) is/are representing themselves. c. Selling Licensee is functioning as a: (Check Applicable) [ ] Seller's Agent or [ ] Buyer’s Agent or [ ] Designated Seller’s Agent (Supervising Broker acts as Transaction Broker) or [ ] Designated Buyer’s Agent (Supervising Broker acts as Transaction Broker) or [ ] Transaction Broker, or [ ] Buyer(s) is/are representing themselves. 2. POTENTIAL PROXIMITY OF REGISTERED OFFENDERS TO PROPERTY: a. Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by contacting the local sheriff’s office. 3. RADON NOTICE: a. Every buyer of residential real property is notified that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer. Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all home-buyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information, go to www.kansasradonprogram.org. CAREFULLY READ THE TERMS BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES, THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. _____________________________________________ ___________________________________________ SELLER DATE BUYER DATE Presented to Seller’s Representative for signature and no signature was provided on this date: ____________________ Signature of Selling Licensee who has been unable to obtain seller’s signature: ________________________________