Real Estate Closing Affidavit

REAL ESTATE CLOSING AFFIDAVIT

Parties and Property Identification

Seller Name:     Buyer Name:

Transaction Details

Purchase Price: $     Earnest Money Delivered: $

Closing Date:     Possession Date:

Affiant Representations and Certifications

The undersigned Seller, under penalty of perjury, certifies the following as of the Closing Date:

1. Authority and Capacity: Seller is the lawful owner of the Property and has full authority to enter into the transaction and execute this Affidavit. Seller Name:
2. Title and Encumbrances: Except as disclosed in writing to Buyer and the closing agent, there are no mortgages, deeds of trust, liens, encumbrances, or recorded easements affecting the Property other than those shown on the title commitment. Outstanding mortgage(s) exist: Yes No . If yes, describe:
3. Judgments and Litigation: There is no pending or threatened litigation, judgment, bankruptcy, or tax lien affecting the Seller that would impair Seller's ability to convey marketable title, except: Yes No . If yes, describe:
4. Leases and Tenancies: All leases, rental agreements, permits and occupant agreements affecting the Property were disclosed to Buyer in writing. Undisclosed tenancies: Yes No . If yes, provide details:
5. Taxes and Assessments: All real estate taxes, assessments, association dues and other municipal charges that are Seller's responsibility and are due and payable through the Closing Date have been paid, except as disclosed below:
6. Physical Condition and Hazardous Matters: Seller has disclosed in writing any material structural defects, water intrusion, hazardous substance conditions, or notices from governmental authorities relating to the Property. Known environmental claims: Yes No . If yes, describe:
7. Brokerage and Commissions: Seller represents that all brokerage relationships and commission obligations related to the sale have been disclosed in writing and that Seller will be responsible for any commission due to Seller's broker unless otherwise provided in the closing instructions. Disputed commissions: Yes No
8. No Other Agreements: Seller has not executed any instrument or agreement that would survive Closing and impair Buyer’s title except as disclosed in writing. Additional agreements:
9. Possession and Keys: Seller will deliver possession of the Property free of tenants (unless disclosed), with keys and access devices at Closing. Keys provided at Closing: Yes No
10. Truthful Documents: All closing documents, affidavits, and statements furnished by Seller to Buyer and the closing agent are true, accurate, and complete as of the date of Closing.

Adjustments, Indemnity and Survival

Adjustments for taxes, rents, utilities, homeowner association dues, and other prorations shall be made as of the Closing Date in accordance with the final settlement statement. Seller agrees to indemnify and hold Buyer harmless for any breaches of the representations and warranties contained in this Affidavit that are discovered after Closing, including reasonable attorneys' fees incurred in the enforcement of this indemnity.

The representations and warranties in this Affidavit shall survive Closing for a period of one year, except for matters of title which shall survive until resolved in accordance with the title insurance policy and closing instructions.

Default and Remedies

In the event of a material misrepresentation or breach of this Affidavit by Seller, Buyer shall be entitled to all remedies available at law or in equity, including specific performance, rescission, damages and reimbursement of attorneys' fees. Any claim by Buyer under this Affidavit must be asserted within the survival period specified above unless otherwise expressly limited herein.

Governing Law; Entire Agreement

This Affidavit shall be governed by and construed in accordance with the laws of the state in which the Property is located. This document, together with the related purchase agreement and closing documents, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements or representations.

Sworn Statement

I certify, under penalty of perjury under the laws of the state where the Property is located, that the foregoing statements and answers are true and correct to the best of my knowledge and belief.

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