Buyer Initials ______ _______ - 1 - Seller Initials _______ _______ CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE
(NO BROKER)
For good and valuable consideration, the receipt and sufficiency of which is hereby acknow ledged,
,“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, Florida.
Address: .
Tax ID Number:
Legal Description (or see 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 wit h 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 sof tener, stove, built-in kitchen
equipment, garage door openers with controls, built-in cleaning equipment, a ll swimming pool equipment and
maintenance accessories, shrubbery, landscaping, permanently installed outdoor coo king 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. SALE 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 var ies from the loan
balance(s) stated above, the cash payable at closing will be adjusted by the amount of any varia nce.
Buyer Initials ______ _______ - 2 - Seller Initials _______ _______ 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 pr ice 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 f inancing. 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 o r assumption approval. Financing or
assumption approval will be deemed to have been obtained when the lender determ ines that Buyer has
satisfied all of lender's financial requirements (those items relating to Buye r'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 contr act, the Purchaser
(Buyer) shall not be obligated to complete the purchase of the Property de scribed herein or to incur any
penalty by forfeiture of earnest money deposits or otherwise unless th e Purchaser (Buyer) has been given in
accordance with HUD/FHA or VA requirements a written statement by the Federal Ho using Commissioner,
Veterans Administration, or a Direct Endorsement lender setting forth the appr aised 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-guarantee d loan: It is agreed that,
notwithstanding any other provisions of this contract, Buyer shall not incur a ny penalty by forfeiture of
earnest money or otherwise be obligated to complete the purchase of th e Property described herein, if the
contract purchase price or cost exceeds the reasonable value of the P roperty established by the Veterans
Administration. Buyer shall, however, have the privilege and option of procee ding with the consummation
of this contract without regard to the amount of the reasonable va lue 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 provis ions of such loan
documents if no written objection is received by Seller from Buyer within ca lendar 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 chang e 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 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 pro ceed to closing, or terminate this
agreement in the sole discretion of Seller.
Buyer Initials ______ _______ - 3 - Seller Initials _______ _______ Credit Information.
If Buyer is to pay all or part of the purchase price by executing a pr omissory 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 sha ll 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 tra nsaction; (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: Buyer shall deposit $ as earnest money with
upon execution of this contract by both parties.
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 pro viding 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 e arnest money, or close this
agreement notwithstanding the defects, or Buyer and Seller may renego tiate this contract, in the
discretion of Seller. All inspections and notices to Seller shall be comple te within ______ days after
execution of this agreement.
Buyer accepts the Property in its present condition; provided Se ller, at Seller’s expense, shall
complete the following repairs and treatment:
Buyer agrees that he will not hold Seller or its representatives responsibl e or liable for any present or future
structural problems or damage to the foundation or slab of said property . If the subject residential dwelling was
constructed prior to 1978, Buyer may conduct a risk assessment or insp ection for the presence of lead-based
paint and/or lead-based paint hazards, to be completed within d ays after execution of this agreement.
In the alternative, Buyer may waive the opportunity to conduct an assessment/inspection by indicating said
waiver on the attached Lead-Based Paint Disclosure form.
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 .
Buyer Initials ______ _______ - 4 - Seller Initials _______ _______ Other:
The present condition of all utilities is accepted by Buyer.
ENERGY EFFICIENCY: Buyer (check one) [
acknowledges receipt of] [ waives receipt of] the Florida
Building Energy-Efficiency Rating System brochure.
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time . Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional inf ormation regarding radon and
radon testing may be obtained from your county public health unit. Buyer may, within the Inspection Period, have an
appropriately licensed person test the Property for radon. If the radon level exceeds acce ptable EPA standards, Seller
may choose to reduce the radon level to an acceptable EPA level, fail ing which either party may cancel this
Contract.
PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclo sure, Seller does
not know of any improvements made to the Property which were made without required pe rmits or made pursuant to
permits which have not been properly closed. If Seller identifies permits which have not been proper ly closed or
improvements which were not permitted, then Seller shall promptly deliver to Buyer all pla ns, written documentation
or other information in Seller’s possession, knowledge, or control relating to impro vements to the Property which are
the subject of such open permits or un-permitted improvements.
MOLD: Mold is naturally occurring and may cause health risks or property damage. If Buyer i s concerned about
mold, or desires additional information regarding mold, Buyer should contact an appropria te professional.
FLOOD ZONE: Buyer is advised to verify by survey, with the lender and wit h appropriate government agencies
which flood zone the property is in, whether flood insurance is required, and what restric tions apply to improving the
property and rebuilding in the event of loss. If the property is in a S pecial Flood Hazard Area or Coastal High
Hazard Area and the buildings are below the minimum flood elevation, Buye r may cancel this contract by delivering
written notice to Seller within 20 days from the effective date of this contract (date upon which Buyer and Seller
have signed the contract), failing which Buyer accepts the existing elevation o f the buildings and zone designation of
the property.
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (“FIRPTA”): Selle r shall inform Buyer in writing if
Seller is a “foreign person” as defined by the Foreign Investment in R eal Property Tax Act (“FIRPTA”). Buyer and
Seller shall comply with FIRPTA.
SELLER DISCLOSURE: Seller knows of no facts materially affecting th e value of the Real Property which are not
readily observable and which have not been disclosed to Buyer. Except as other wise disclosed in writing Seller has
received no written or verbal notice from any governmental entity o r agency as to a currently uncorrected building,
environmental or safety code violation.
HOMEOWNER S’ ASSOCIATION: If membership in a homeowners' association is mandatory, an association
disclosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS
CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSU RE SUMMARY. If, and only
if, membership in a homeowners’ association is mandatory, the following statement applies to t his contract:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STA TUTES,
HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFO RE EXECUTING
THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYE R BY DELIVERING
TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NO TICE OF THE
BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF TH E
DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY
Buyer Initials ______ _______ - 5 - Seller Initials _______ _______ PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUY
ER'S RIGHT
TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.
PROPERTY TAX DISCLOSURE SUMMARY pursuant to Florida Statutes 689.261:
BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPER TY TAXES AS THE
AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIG ATED TO PAY IN THE
YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY T HAT COULD
RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTION S CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR
INFORMATION.
6. CLOSING: The closing of the sale will be on or before , 20 , unless exte nded 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, surve y, insurance policies, lender-required
repairs, closing documents). If either party fails to close this sale by the Clo sing Date, the non-defaulting party will
be entitled to exercise the remedies contained herein. The closing date may also be ext ended by written agreement of
the parties.
7. TITLE: Seller will convey marketable title to the Property by statu tory warranty deed or trustee, personal
representative or guardian deed as appropriate to Seller's status.
(a) Title Evidence: Title evidence will show legal access to the Property a nd marketable title of record in
Seller in accordance with current title standards adopted by the Florida Bar, subject only to the
following title exceptions, none of which prevent residential use of the Pr operty: covenants, easements
and restrictions of record; matters of plat; existing zoning and gover nment regulations; oil, gas and
mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume;
and encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to
Buyer Seller's choice of one of the following types of title evide nce, which must be generally accepted
in the county where the Property is located. Seller will use option (1) in Palm Beach County and option
(2) in Miami-Dade County.
(1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the
purchase price and subject only to title exceptions set forth in this Contract.
(2) An existing abstract of title from a reputable and existing abstract firm (if firm is not e xisting,
then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis
of the instruments affecting title to the Property recorded in the public records of the county where
the Property is located and certified to Effective Date. However, if such an abstra ct is not available
to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for re-
issuance of coverage. Seller will pay for copies of all policy e xceptions and an update in a format
acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's
closing agent, together with copies of all documents recited in the prior policy and in the update. If
a prior policy is not available to Seller then (1) above will be the ti tle evidence. Title evidence will
be delivered no later than 10 days before Closing Date.
(b) Title Examination: Buyer will examine the title evidence and deliver writ ten notice to Seller, within 5
days from receipt of title evidence but no later than closing, of any de fects that make the title
unmarketable. Seller will have 30 days from receipt of Buyer's notice of defects ("Curative Period") to
Buyer Initials ______ _______ - 6 - Seller Initials _______ _______ cure the defects at Seller's expense. If Seller cures the defects withi
n the Curative Period, Seller will
deliver written notice to Buyer and the parties will close the transaction on Closing Date or within 10
days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the
defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10
days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and
close the transaction.
(c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and
deliver written notice to Seller, within 5 days from receipt of survey but no later than closing, of any
encroachments on the Property, encroachments by the Property's improvem ents on other lands or deed
restriction or zoning violations. Any such encroachment or violation will be treated in the same manner
as a title defect and Buyer's and Seller's obligations will be determined in accordance with
subparagraph (b) above. If any part of the Property lies seaward of the coast al construction control line,
Seller will provide Buyer with an affidavit or survey as required by law delineating the line's location
on the property, unless Buyer waives this requirement in writing.
8. APPRAISAL AND TERMITE INSPECTION: Any appraisal of the property sha ll be the responsibility of
Buyer
Seller. 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. POSSESSION AND TITLE: Seller shall deliver possession of the Proper ty to Buyer at closing. Title shall be
conveyed to Buyer, if more than one as
Joint tenants with rights of survivorship, tenants in common,
Other: Prior to closing the property shall remain in the possessio n 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 provide d. (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 fee s, 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 Buy er without any deficiency. Buyer shall
reimburse Seller for the amount in the transferred account. Buyer shall pa y the premium for a new insurance policy.
Buyer Initials ______ _______ - 7 - Seller Initials _______ _______ If taxes are not paid at or prior to closing, Buyer will be obligated to pay taxes for the c
urrent year.
12. CASUALTY LOSS: If any part of the Property is damaged or destro yed 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 condi tion and accept an assignment of insurance
proceeds.
13. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may either (a) enforce
specific performance, seek such other relief as may be provided by law, o r both, or (b) terminate this contract and
receive the earnest money as liquidated damages, thereby releasing both pa rties from this contract. If, due to factors
beyond Seller’s control, Seller fails within the time allowed to make any non-casualty repairs or deliver evidence of
clean title, Buyer may either (a) extend the time for performance up to 15 days and the Closing Date will be
extended as necessary or (b) terminate this contract as the sole remedy and receive a refund of the earnest money. If
Seller fails to comply with this contract for any other reason, Sell er will be in default and Buyer may: (a) recover
earnest money (without waiving the right to enforce specific performanc e, and/or seek such other relief as may be
provided by law), and/or enforce specific performance, and/or seek such oth er relief as may be provided by law, or
(b) terminate this contract and receive the earnest money, thereby releasing both pa rties from this contract.
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-prevail ing party all costs of such proceeding and
reasonable attorney’s fees.
15. REPRESENTATIONS: Seller represents that as of the Closing Date (a) th ere will be no liens, assessments, or
security interests against the Property which will not be satisfied out of th e 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 th e 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 a pplicable 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 o f 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 a nd 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 co nsent of Seller. This agreement may
be assigned by Seller and shall be binding on the heirs and assigns of the parties hereto.
Buyer Initials ______ _______ - 8 - Seller Initials _______ _______ 20.
PRIOR AGREEMENTS: This contract incorporates all prior agreements betwe en the parties, contains the entire and
final agreement of the parties, and cannot be changed except by their writte n consent. Neither party has relied upon
any statement or representation made by the other party or any sales r epresentative bringing the parties together.
Neither party shall be bound by any terms, conditions, oral statements, warrantie s, 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.
21. NO BROKER OR AGENTS: The parties represent that neither party has emplo yed the services of a real estate
broker or agent in connection with the property, or that if such agents hav e 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 clo sing,
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 Florida.
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 ______ _______ - 9 - Seller Initials _______ _______ EXECUTED the day of , 20 (THE EFFECTIVE DATE).
Buyer Seller
Buyer Seller
Buyer Initials ______ _______ - 10 - 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
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
Introduction: If the dwelling was constructed PRIOR TO 1978, federal law REQUIRES a Lead-Based Paint
Disclosure Form to be attached to the sale contract, completed and signed by the seller and purchaser. If the
dwelling was constructed in 1978 or later, this form is not required. If in doubt about the ti m ing of construction, use
the disclosure form. Whenever the form is used, the seller must also give the purchaser the EPA lead -based paint
pamphlet discussed below. Sellers must retain a copy of the signed disclosure form f or no less than three years from
the date the sale closes.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the Residential
Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disc losure of known information on
lead -based paint and related hazards before the sale of most housing built before 1978.
Requirements: Before the sale contract becomes enforceable, sellers must fully comply with lead- paint disclosure
law. Compliance is accomplished by:
(1) Fully completing and delivering to the buyers, as an attachment to the contract, the LEAD -BASED
PAINT DISCLOSURE form (the buyers also initial and sign this form), and
(2) Giving the buyers the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the
download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily do so
using USLF.
http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it into the
address window of you internet browser) and select your state. Two forms will be accessed. You want t he
“LEAD1” form, for sales transactions ( not the “LEAD2” form for rentals). Click the “Information and Preview”
link for more info on the form, and then order the form.
The Free EPA Pamphlet: The seller must give the buyer the EPA-approved information pamphlet on identifying
and controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home." Y ou may obtain
and print this pamphlet free by clicking the following download link (or copying the link into the addres s window
of your internet browser):
https://www.epa.gov/lead
search for: “Protect Your Family From Lead In Your Home”
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely
circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy.
* * *
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