Dallas County Offer and Purchase Agreement

INSTRUCTIONS

YOU MUST SUBMIT A COMPLETE OFFER OR IT MAY BE DISQUALIFIED

1. Do Not Enter Vacant Structures

2. Read Carefully the entire Offer and Purchase Agreement before signing

3. Attach the required deposit (Cashier’s Check/Money Order) to the Offer Agreement

Note: Personal Checks or Cash will not be accepted.

4. Complete all the following (Offer Package):

a. Sign the Offer and Purchase Agreement

b. Sign Exhibit “B” - No Title-Policy Statement

c. Sign Exhibit “C” – No Conflict of Interest Statement

d. Sign and Notarize Exhibit “D” - "Affidavit"

5. The Dallas County Commissioners Court reserves the right to accept or reject any and all offers for any or no reason, to waive all irregularities, nonconformities, and technicalities and there are no implied guarantees to negotiate or sell the properties. All offers are subject to the approval of each taxing unit entitled to receive proceeds of the sale under the judgment.

ADDITIONAL INFORMATION:

If you have any interest in submitting an offer, following are a few typical sources of information that may be helpful in your investigation and research:

1. Dallas Central Appraisal District: www.dallascad.org

Gives details of Property by Owner, Account or Address under “Search Appraisals”.

2. Dallas County: www.dallascounty.org

a. County Clerk, ROAM Official Public Records Search

(http://www.dallascounty.org/department/countyclerk/roam.php)

b. Tax Office- Property Tax Lookup

(http://www.dallascounty.org/applications/english/proptax_app/tax_intro.php)

c. Public Works Department- Property Division- Tax Foreclosure Resales

(http:www.dallascounty.org/department/pubworks/property-division.php)

Information regarding the tax case files, i.e., the Judgment, Order of Sale, Citations, etc., can be found in the District Clerk’s Office, Records Department at the George L. Allen Sr. Courthouse, located at 600 Commerce Street, Dallas, Texas.

OFFER AND PURCHASE AGREEMENT

TO: DIRECTOR OF PUBLIC WORKS

COUNTY OF DALLAS

411 ELM STREET, 4TH FLOOR

DALLAS, TEXAS 75202-3389

I, , hereinafter called "Purchaser", hereby submit this OFFER for the purchase of the following described property:

Address:

Street City State Zip

Legal Description:

(Lot, Block, Addition and or Abstract No.)

Purchase Amount: $

Deposit Amount: $

Purchaser understands and agrees that on all offers of $20,000.00 or less, Purchaser is required to include a deposit in the form of a cashier’s check or money order payable to the County of Dallas in the amount of $1,000.00 or the purchase amount, whichever is less. For offer amounts greater than $20,000.00, Purchaser must submit a deposit in the form of a cashier’s check or money order payable to the County of Dallas for 10% of the purchase price, (cash money “will not” be accepted).

CONDITIONS OF OFFER AND ACCEPTANCE

READ CAREFULLY

1. The land and/or improvements described above shall hereinafter be referred to as the “Property."

2. Purchaser understands that the County of Dallas, Texas, hereinafter called "Seller" acquired the Property through a tax foreclosure sale.

3. Purchaser understands and agrees that immediately upon acceptance of this offer by Seller, this offer becomes a binding and enforceable Contract upon Purchaser, his heirs, assigns, successors in interest, executors and administrators, provided that such acceptance occurs before Seller receives any written revocation signed by Purchaser and sent to Seller by certified or registered mail.

4. Acceptance by Seller shall occur immediately upon the Dallas County Commissioners Court issuing an order accepting Purchaser’s offer, whether or not Purchaser had knowledge of the acceptance and whether or not any other taxing units have given their approval to the sale prior to Sellers acceptance.

5. Purchaser contracts and agrees that it is his sole obligation to make all inspections deemed necessary by Purchaser prior to the submission of this offer.

6. Purchaser contracts and agrees that with respect to the Property, Purchaser has not relied upon and will not rely upon, either directly or indirectly, any oral contracts, representations or warranties of Seller, or any agent or affiliate of Seller, if any, and that no such contract, representations or warranties have been made.

7. At the closing, Purchaser does and shall assume all risks that adverse matters may not have been revealed by Purchaser's inspections and investigations. Purchaser acknowledges and agrees that the Property is sold and conveyed by Seller and accepted by Purchaser, "as is, where is, and with all faults".

8. The Purchaser has read and fully understands Sections 33.52 and 34.01(ℓ) of the Texas Property Tax Code. The Purchaser further understands that any offer submitted to Seller is made subject to post judgment taxes, penalties and interest.

9. Purchaser further understands and agrees that Seller acquired the Property by a tax foreclosure sale and that he is familiar with the legal issues that are involved in that type of real estate sale including the subsequent resale to him and of the risks and limitations of such sales.

10. Purchaser agrees to accept a Quitclaim Deed to the Property.

10.b. Purchaser agrees to accept a Modified Quitclaim Deed to the Property, if applicable under the School District’s consent conditions.

11. Purchaser understands and agrees that he is solely responsible and obligated for any and all outstanding liens, pending or subsequent code-enforcement actions, current and subsequent notices of nuisance or hazardous or regulated material abatement or any mitigation and of all repair or demolition orders, if any.

12. Purchaser understands, contracts and agrees that Seller shall have no responsibility for or liability arising from the accuracy of any matter, fact, or thing relating to the Property.

13. Within thirty days of notification of acceptance of Purchaser's offer by the Dallas County Commissioners Court, Purchaser shall close on the Property by paying the balance of the purchase price to Dallas County by cashier's check or money order.

14. Purchaser hereby represents to Seller that in executing this agreement he is financially capable of obtaining and has ready access to sufficient funds to pay the balance of the purchase price in a timely manner.

15. Purchaser understands and agrees that the Dallas County Commissioners Court has the right and reserves the right to reject any and all offers of purchase for any or no reason and that all offers are subject to the approval of each taxing unit entitled to receive proceeds from this sale.

16. Purchaser understands and agrees that Seller will not provide a title policy and Purchaser agrees to sign a No Title-Policy Statement.

17. Purchaser understands and agrees that Seller requires all prospective purchasers to sign a No Conflict of Interest Statement.

18. Purchaser does hereby release any and all rights, claims, and causes of action at law or in equity, that he may now have or may acquire in the future against Seller, its officers, agents, and employees, in connection with this offer and the subsequent sale to him, if any.

19. Purchaser understands, specifically agrees, and does hereby fully release, indemnify and hold harmless Seller from any claims, demands or causes of action arising from any misrepresentations, failures of disclosure, errors, or other acts or omissions relating to this offer, acceptance, sale, and the subsequent closing of this transaction.

20. By submitting this offer, Purchaser hereby immediately and unconditionally fully and completely releases any rights, claims, actions and causes of action he may have now have or may acquire in the future, against Dallas County, Dallas County Sheriff's Department, the Dallas County Sheriff in his individual capacity, and all taxing units who have an interest in this Property for failure to properly advertise or conduct the tax foreclosure sale.

21. Upon Purchaser's death or mental incapacity, occurring before the closing, this agreement shall become null, void and unenforceable.

22. Purchaser represents and states that he has no outstanding County of Dallas judgments, tax delinquencies or fees owed to Dallas County and has executed and notarized the appropriate Affidavit to that effect.

23. Any notice or communication required or permitted hereunder shall be deemed to be delivered when deposited in the United States mail, postage fully prepaid, registered or certified mail.

24. Purchaser states that he is aware that this Property may have been declared a public nuisance and/or a public health, safety and fire hazard.

25. Purchaser agrees that if the Property is to be conveyed to any name other than that of the person or entity making this offer, this fact must be set out at the time of the offer.

26. Seller shall have the absolute right to accept or reject this offer and all other offers on this Property at any time or any or no reason whatsoever.

27. Purchaser understands and agrees that this contract and all the terms and conditions therein shall survive the closing of the Property and shall not merge into it.

28. ALL SALES ARE SUBJECT TO AND CONDITIONED UPON APPROVAL BY THE DALLAS COUNTY COMMISSIONERS COURT AND EACH TAXING UNIT ENTITLED TO RECEIVE PROCEEDS OF THE SALE UNDER THE JUDGMENT.

PRINTED NAME:

ADDRESS:

CITY/STATE/ZIP

TELEPHONE: ( ) FAX: ( )

PLEASE PRINT EXACTLY THE NAME(S) AS THEY SHOULD APPEAR ON DEED IF DIFFERENT IN ANY WAY FROM THE ABOVE:

* ALL OFFERS MUST BE SIGNED BY HAND.

EXHIBIT “A” - QUITCLAIM DEED

THE STATE OF TEXAS §

COUNTY OF DALLAS § KNOW ALL PERSONS BY THESE PRESENTS:

THAT the County of Dallas, Texas, a political subdivision of the State of Texas, in its own behalf, and on behalf of the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of , a municipal corporation, the , and the Dallas County Education District, releases and quitclaims to the Grantee.

Consideration: $

Grantor/Grantee details and legal description to be completed as applicable.

ACKNOWLEDGMENT

THE STATE OF TEXAS { }

COUNTY OF DALLAS { }

BEFORE ME, the undersigned authority, personally appeared.

On this day personally appeared the County Judge for the County of Dallas, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , .

My Commission Expires

EXHIBIT “A-1”

Purchaser agrees to allow the use of a modified Quitclaim Deed to the Property to include Restrictive Covenants either as a Reverter or deed restriction.

RESTRICTIVE COVENANTS SPECIFIED IN SECTION J(3) OF THE MODIFIED ORDER (“Reverter”)

The restrictions and conditions shall be binding upon GRANTEE, his heirs, personal representatives and assigns or its successors and assigns for a period of fifty (50) years.

SUBSTITUTE RESTRICTION ATTACHED TO THE SEPTEMBER 10, 1990 ORDER (“Deed Restriction”)

Additional restrictive covenant text continues as printed in the document.

EXHIBIT "B" - NO TITLE-POLICY STATEMENT

I/we agree to the following:

I/we fully understand and acknowledge that a title policy is not being issued by any title company, nor has one been requested, and a title company has made no new title search regarding the Property to this transaction, to wit:

I/we acknowledge that a title company has made no representations as to the title of the above referenced Property, and I/we fully agree that I/we will hold harmless and indemnify the County of Dallas from any defects in title of the above referenced Property.

EXHIBIT "C" - NO CONFLICT OF INTEREST STATEMENT

I/we agree to the following:

1. Neither I/we, nor my/our spouse(s), is/are a County of Dallas Officer, employee, or Commissioners Court appointed member of any board or commission.

2. If Offer is submitted on behalf of another person, partnership, corporation or other business entity, I/we swear and affirm that said other person, partnership, corporation or other business entity shall not have financial interest, direct or indirect, with a Dallas County official, employee, or a Commissioners Court appointee.

EXHIBIT "D" - AFFIDAVIT

THE STATE OF TEXAS }

COUNTY OF DALLAS }

BEFORE ME, the undersigned authority, personally appeared who being duly sworn according to law, upon oath deposed as follows:

THAT I have no outstanding judgments, tax delinquencies or fees owed to the County of Dallas.

Signature

SUBSCRIBED AND SWORN TO BEFORE ME, on the day of , , to certify which witness my hand and official seal.

NOTARY PUBLIC, STATE OF TEXAS

(Print or Type Name)

My Commission expires: