Fill and Sign the Hawaii Contract Purchase Form

Buyer Initials ______ _______ - 1 - 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) , Hawaii. Tax map key: Address: 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 with controls and equipment, permanently installed heating and air-conditioning units, window air-conditioning units, built-in se curity and fire detection equipment, plumbing and lighting fixtures including chandeliers, water softener, st ove, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool e quipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipm ent, 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: CASH SALE: This contract is not contingent on financing. Buyer Initials ______ _______ - 2 - 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 Buye r has satisfied all of lender's financial requirements (those items relating to Buyer's net worth, income and creditwort hiness). If financing or assumption approval is not obtained within days after the effective date hereof, this cont ract 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 arrive d 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 agree d 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 Prope rty 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 a nd option of proceeding with the consummation of this contract without regard to the amount of t he 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, except as may be agreed by Buyer. If lender's approval is not obtained on or before , 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 proceed to closing, or terminate this agreem ent in the sole discretion of Seller. Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory note in favor of Buyer Initials ______ _______ - 3 - 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 suc h information and documents received by Seller shall be held by Seller in confidence, and not relea sed to others except to protect Seller's interest in this transaction; (4) if Seller does not provide written notice of Se ller'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 providing such disclosure is attached is not applicable. Buyer hereby represents that he has personally inspected and examined the above-mentioned pre mises 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 re presentations concerning the present or past structural condition of the improvements. Buyer and Seller agree t o 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. If the subject residential dwelling was constructed prior to 1978, Buyer may conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, to be completed within days 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 . Other: The present condition of all utilities is accepted by Buyer. Buyer Initials ______ _______ - 4 - 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 t he 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. TITLE AND CONVEYANCE: Seller is to convey title to Buyer by Warranty Deed or (as appropriate) and provide Buyer with a Certificate of Title prepared by an attorney, ti tle or abstract company upon whose Certificate or report title insurance may be obtained from a title insuranc e company qualified to do and doing business in the state of Hawaii. Seller will also execute a Bil l of Sale, if necessary, for the transfer of any personal property. Seller shall, prior to or at closing, satisfy all outstanding m ortgages, deeds of trust and special liens affecting the subject property which are not specific ally assumed by Buyer herein. Title shall be good and marketable, subject only to (a) covenants, conditions a nd restrictions of record, (b) public, private utility easements and roads and rights-of-way, (c) applicable zoning ordinances, protective covenants and prior mineral reservations, (d) special and other assessments on the property, if any, (e) general taxes for the year _______and subsequent years and (e) other:___________________. A title report shall be provided to Buyer at least 5 days prior to closing. If there a re title defects, Seller shall notify Buyer within 5 days of closing and Buyer, at Buyer's option, may either (a) if defects cannot be cured by designated closing date, cancel this contract, in which case all earnest money deposited shall be returned, (b) accept title as is, or (c) if the defects are of such character that they can be remedied by legal action within a reasonable time, permit Seller such reasonable time to perform c urative work at Seller's expense. In the event that the curative work is performed by Seller, the time specifi ed herein for closing of this sale shall be extended for a reasonable period necessary for such action. Seller represe nts that the property may be legally used as zoned and that no government agency has served any noti ce to Seller requiring repairs, alterations or corrections of any existing condition except as stated herein. 8. APPRAISAL, SURVEY AND 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. POSSESSION AND TITLE: Seller shall deliver possession of the Property to Buyer at closing. T itle 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 possession of Seller and Sel ler 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 Buyer Initials ______ _______ - 5 - Closing Costs Buyer Seller Both* 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 am ount prorated at closing, the parties shall adjust the prorations when tax statements for the current yea r 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 transferre d 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 aft er the effective date of the contract, Seller shall restore the Property to its previ ous condition as soon as reasonably possible. If Seller fails to do so due to factors beyond Seller’s control, Buyer may eit her (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. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, a nd Seller may either (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby rele asing both parties from this contract. If, due to factors beyond Seller’s control, Seller fails within the time all owed to make any non- casualty repairs or deliver evidence of clean title, Buyer may either (a) exte nd 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, Seller will be in default and Buyer may either (a) enforce specific performance , seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. It is expressly understood and agreed that the failure of a party to insist in any one or more instances upon strict performance of any of the terms of this Agreement, or to exercise any rights here in conferred, shall not be deemed a waiver or relinquishment to any extent that party's rights to later assert or rely upon any such terms or rights in such instance and/or in any other instance. 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 pa rty 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 proc eeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If a ny 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 contra ct will survive Buyer Initials ______ _______ - 6 - closing. 16. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable la w, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall wi thhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver t he same to the Internal Revenue Service together with appropriate tax forms. IRS regulations require filing writte n 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 partie s 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 effecti ve 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 part ies, 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 sal es representative bringing the parties together. Neither party shall be bound by any terms, conditions, oral stat ements, warranties, or representations not herein contained. Each party acknowledges that he has rea d and understands this contract. The provisions of this contract shall apply to and bind the heirs, e xecutors, administrators, successors and assigns of the respective parties hereto. When herein used, the si ngular 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 employed the se rvices 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 thi s 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. Buyer Initials ______ _______ - 7 - 25. GOVERNING LAW: This contract shall be governed by the laws of the State of Hawaii. 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. EXECUTED the day of , 20 (THE EFFECTIVE DATE). Buyer Seller Buyer Seller Buyer Initials ______ _______ - 8 - EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION Buyer Initials ______ _______ - 9 - 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 timing 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 for 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 t he Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the di sclosure of known information on lead-based paint and related hazards before the sale of most housing built be fore 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 the “LEAD1” form, for sales transactions (not the “LEAD2” form for rentals). Click the “Information and Preview” link for 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." You may obtain and print this pamphlet free by clicking the following download link (or copying the link into the address window of your internet browser): http://www.epa.gov/lead/pubs/leadpdfe.pdf 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.