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Addendum to Contract for Sale and Purchase of Real Property
__________________________ (Name of Seller)
__________________________ (Names of Buyers)
__________________________ (Description of Property)
__________________________ (Date of Contract)
For and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree that the following Addendum is made a part of
and is specifically incorporated by reference into the above-described Contract and is
being signed simultaneously with the Contract:
1. Seller shall provide and pay for a current survey of the property, certified to
Buyers and the title company, only showing easements and other matters allowed
under an ALTA Title Insurance Policy for residential property. Any matters shown on the
survey that cause the title insurance company to not remove the survey exception or
that cause other exceptions to appear on the title insurance commitment shall be
treated as title defects.
2. Buyers may have the property inspected by licensed building contractors and
other inspectors chosen by Buyers. Seller shall, prior to closing, repair any problems,
inconsistencies, defects, or other conditions which are not correct in the property and
notice of which are provided to Seller by Buyers or by Buyers' inspectors in one or more
written punch lists. Buyers may cancel this Contract and receive back their entire
deposit by giving written notice to Seller before ___________________ (date) if any
such inspection shows that there is any problem, inconsistency, defect, or other
incorrect condition in the property that Seller fails to correct before
_________________ (specify date that is prior to above date) .
3. Seller represents and warrants that the property is in good condition and
complies with all applicable zoning and building codes and all other ordinances, laws,
and regulations. Seller shall further execute and deliver to Buyer at closing a written
warranty that there are no defects in workmanship, design, or materials of the property,
that no defects exist, and that the property complies with all applicable zoning and
building codes and all other ordinances, laws, and regulations.
4. If Buyers breach this Contract without lawful justification, and if Seller is not in
breach of this Contract, then the entire escrow deposit shall be paid to Seller as
liquidated damages and in full payment of all amounts due Seller from Buyers under this
Addendum. Because of this payment, Seller may not have specific performance.
5. Seller shall provide Buyers with a copy of Seller's existing flood insurance policy,
if any. Buyers shall inquire into the cost of obtaining their own flood insurance. If the
annual premium for flood insurance on the property will exceed $________, then
Buyers may cancel this Contract by giving written notice to Sellers within ___________
(e.g.,15 days) after the date of this Contract.
6. The purchase price includes the washer, dryer, refrigerator, stove, central air
conditioner, lawn pump, hot water heater, and any other existing appliances.
7. The parties represent and warrant to each other that there is no broker in this
sale and that no broker procured this sale.
8. Sellers acknowledge that Buyers' attorney, _________________ (Name of
Buyer's Attorney) , is representing only the Buyers in this transaction. Closing will be
held at the office of Buyers' attorney located at ______________________________
(street address, city, state, zip code) . The parties agree that _________________
(Name of Title Insurance Company) is an acceptable closing agent and title insurer
for this transaction.
9. In all other respects, the Contract remains the same. In case of conflict between
any of the provisions of this Addendum and of the Contract for Sale and Purchase, the
provisions of this Addendum shall control.
WITNESS our signatures as of the day and date first above stated.
________________________ _________________________
(P rinted Name of Seller) (P rinted Name of Buyer)
________________________ ________________________
(Signature of Seller) (Signature of Buyer)
_________________________
(P rinted Name of Buyer)
________________________
(Signature of Buyer)
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