COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: CONTRACT FOR SALE OF REAL ESTATE : : Defendant(s) This is a CONTRACT between___________________________________________________ : ...................................................... __________________________________(hereinafter Seller or Sellers) and___________________________________________________________________________ THE PEOPLE OF THE Buyer or Buyers), dated this _______day of __________, _____. _______(hereinafter STATE OF NEW YORK TO THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED ABOVE IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE GREETINGS: TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT that all business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, TO VERIFY APPROVED USES. , the Honorable at the Court located at County of inBe it known to all that in consideration of the mutual covenants and agreements contained in this recessed room , on the day of , 20 , at o'clock in the noon, and at any orContract as written and no other documents,athe Seller agrees to sell to Buyer(s) and Buyer(s) adjourned date, to testify and give evidence as witness in this action on the part of the agree to purchase from the Seller(s) all the lands and premises situated in ____________County, State of Florida, described in the following section: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ______________________________________________________________________________ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ______________________________________________________________________________ result of your failure to comply. ______________________________________________________________________________ (continue description on reverse of this sheet, if necessary) Witness, Honorable , one of the Justices of the Court in County, day of , 20 for the sum of $________________, _________________________________________ (Dollars), known as the Purchase Price. (Attorney must sign above and type name below) Towards that Purchase Price, $________________, ______________________________ (Dollars) has paid on the execution of this Contract and the receipt offor which is hereby Attorney(s) acknowledged by Sellers, and the remained of the Purchase Price is to be paid to the order of the seller at the times and in the amounts as described in the following section: Office and P.O. Address Remainder of Purchase Price payable as follows:_________________________ ______________________________________________________________________________ Telephone No.: ______________________________________________________________________________ Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA : All of the purchase price-against- paid at any time, but all of the deferred payments shall bear may be interest at the rate of______ percent per annum from____________________until paid; such : interest shall be paid and [Choose one by striking out inapplicable language]: is [included] [in addition to] the above described required payments. Taxes on the premises for the current tax ear : shall be prorated between the Buyers and Sellers as of __________________ (date). Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK Buyer(s)'s Right to Possession TO Buyer(s) shall be entitled to possession of the lands on _________________, _____, and may The retain such possession so long as Buyer(s) is not in default under the terms of this Contract. Buyer(s) Duty to prevent waste, prevent encumbrances. GREETINGS: Buyer(s) agree that at allYOU, that all businesskeep excuses being and aside, you (now or hereafter WE COMMAND times Buyer(s) will and the premises laid buildings and each of you attend before erected) n good condition and repair and will notthe , the Honorable at permit any waste or strip of the land or Court premises, located premises free from construction and all other liens and same County of that the Buyer will keep theat costa in attorneys's fees at any recessed inthe Seller(s) harmless from such liens and reimburse Seller(s) allo'clockandthe room , on the day of , 20 , at noon, and orincurred by Seller(s) in defendingevidence suchwitnessthatthis action will pay all taxes hereafter adjourned date, to testify and give against as a liens; in Buyer(s) on the part of the levied against the property, as well as all water service rents, public charges and municipal liens which hereafter lawfully may be imposed upon the premises, all promptly before the same or any party thereoffailure to comply with this subpoena is punishable as a contempt of court and will make you liable to Your become past due and delinquent. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Buyer(s) Duty to provide insurance. Witness, Honorable , one of the Justices of the At Buyer(s)'s expense, Buyer(s) will of Court in County, day insure and keep insured all buildings now or hereafter erected , 20 on the premises against loss or damage by fire in an amount of not less than $______ in a company or companies satisfactory to the Seller(s), specifically naming seller(s) as an additional insured, with losses payable first to the Seller(s) and then (Attorney must sign above and type name below) to the Buyer(s) as their respective interest may appear and all policies of insurance shall be delivered to the Seiler(s) as soon as insured. Attorney(s) for Seller(s)'s rights to cure defects without waiver of breach of contract. If the Buyer(s) fail to pay any liens, costs, water rents, taxes or charges, the Seller(s) may do so and any payment so made shall be added to and become part of the debt secured by the Contract Office and P.O. Address and shall bear interest at the above stated rate per annum, without waiver, however, on any right arising to the Seller(s) for Buyer(s)'s breach on contract. Seller(s)'s Obligation to Provide Marketable Title Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : The Seller(s) agrees to furnish within __________days of the dateJUDICIAL SUBPOENA of the Contract, at Seller(s)'s Plaintiff(s) expense a title insurance policies insuring in an amount equal to the purchase price, marketable -againsttitle in and to the promises in the Seller(s) on or subsequent :to the date of this Contract and further, save and except the usual printed exceptions and the building or other restrictions and : easements now of record, if any. Seller(s) also agrees that when the purchase price is fully paid and upon request and upon surrender to this Contract, Seller(s) will deliver a good and sufficient : deed conveying the premises in fee simple until the Buyer(s), Buyer(s)'s heirs, assigns, free and Defendant(s) clear of encumbrances as of the date herein identified and fee and clear of all encumbrances that : ...................................................... date placed, permitted or arising by, through or under the Sellers(s), except the easements, restrictions and the taxes, municipal liens, water rents and public charges as assumed by the Buyer(s) and further excepting all liens and encumbrances created by the Buyer(s) or Buyer(s)'s THE PEOPLE OF THE STATE OF NEW YORK assigns. TO Time is of the essence It is further understood and agreed between the parties that time is of the essence GREETINGS: in this Contact, and should the Buyer(s) fail to make the payments as required, or any of them, punctually within 20 days of the time businesstherefor, or failurelaidkeep any of its each of you attend before WE COMMAND YOU, that all limited and excuses being to aside, you and obligations under this Contract, then the Seller(s) shall have the following rights and options: , the Honorable at the Court located at County of in(1) to declare theon the room , contract cancelled for default 20 thus null and void andthe declare the at any recessed day of , and , at o'clock in to noon, and orBuyer(s)'s rights forfeited and theevidence as a witnessand to retain sums previously paid under this adjourned date, to testify and give debt extinguished, in this action on the part of the Contract, subject to the Seller(s) complying with all applicable law pertaining to the exercise of this remedy, including ORS 93.905, et seq., or successor statutes; Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (2) to declare the whole unpaid principal issued for maximum penalty with the interest thereon at the party on whose behalf this subpoena was balance ofathe purchase price of $50 and all damages sustained as a once due and payable; and/or result of your failure to comply. (3)to foreclose this Contract by suit in equity. Witness, Honorable Court in County, day of , one of the Justices of the , 20 In any of such case, all rights and interest created or then existing in favor of the Buyer(sa) as against the Seller(s) hall utterly cease and the right to possession of the premises described above and all other rights acquired by the Buyer(s) under this Contract revert toabove and type name below) (Attorney must sign an revest in the Seller(s) without an act of re-entry, or any other act of the seller to be performed and without any right of the Buyer(s) to return, reclaim or seek compensation of monies paid on the account of the purchase un the property as absolutely, fully and completely as if thisfor contract and such payment s Attorney(s) had never been made, and in case of such default all payment previously made on this contract are to be retained by and belong to the seller as the agreed and reasonable rent of the premises up to the time of such default and the Seller(s) in case od such default, shall have right immediately, or at any time thereafter, to enter upon the land, without process of law, and take immediate Office and P.O. Address possession thereof, together with all the improvements and appurtenances thereto on thereto belonging. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Buyer(s) further agrees that Seller(s)'s failure to at any time require performance by Buyer(s) of American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : any provision shall in no way affect the Seller(s)'s right to enforce the same, nor shall any waiver JUDICIAL SUBPOENA Plaintiff(s) by the Seller(s) of any breach of any provision bye a waiver or any succeeding breach of any such -against: provision, or a waiver of the provision itself. : Seller(s), Seller(s)'s agents, and the holder of any existing encumbrance to which the lands and premises are subject may enter upon the lands and premises :at reasonable times, upon reasonable prior notice, for the purpose in inspecting the property. Defendant(s) : ...................................................... In case suit or action is instituted to foreclose this Contract or t enforce any provision thereof, the losing party in any suit or action shall pay the reasonable attorney's fees to be fixed by the trial court in favor of the prevailing party, and if any appeal is take from the decision of the trial court, THE PEOPLE sum as may be fixedNEW YORK such further OF THE STATE OF by the appellate court as the prevailing party's reasonable attorney's fees and costs in the appellate court. TO In construing this CONTRACT, where the context requires, the singular includes the plural, grammatical changes shall be made so that the deed shall apply equally to corporations and to individuals, and handwritten or typed changes control the printed text. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before This Contract , the Honorable shall bind and inure to the benefit of, as the circumstances, may require, not only at the Court the immediate parties hereto, but alsoat located their respective heirs, assigns, executors, administrators, County of inpersonal representatives and successors in interest as well room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the In witness whereof, the Buyer(s) and Seller(s) have executed this instrument in duplicate this _____day offailure to comply with this and if anyis punishable as a contemptcorporation, will make you liable to Your ________, year______, subpoena of the undersigned ins a of court and it has caused itsparty on whose behalf this subpoena was issued for duly authorized to do so by actiondamages sustained as a name to be signed by an officer or other person a maximum penalty of $50 and all of the board the of directors. result of your failure to comply. ____________________________________ Witness, Honorable ____________________________________ Court in County, day of , one of the Justices of the , 20 ____________________________________ (Attorney must sign above and type name below) Attorney(s) for Contingency release clause If you have not specified a deadline for your contingencies, such as 5 or 10 days for a professional inspection, or 30 days for mortgage approval, you can expect a well-advised home seller to set a time limit on your contingencies. Or, if you make your home purchase contract contingent on the Office and P.O. Address sale of your current residence (which few home sellers will accept), expect the seller to counteroffer, giving you 24 or 48 hours after an acceptable second purchase offer is received from a second buyer to remove your contingency clause for sale of your old home. This is reasonable Telephone No.: and fair to both buyer and seller. Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : An "As Is" clause JUDICIAL SUBPOENA Plaintiff(s) Some home sellers insist on selling their homes "as is." That means the seller and realty agent make no representations-againstor warranties and won't pay for any: repairs. However, the seller and realty agents must still disclose any known home defects to the buyer. Avoid agreeing to an "as : is" clause if you want the seller to pay for repairs of known serious defects. : Defendant(s) When describing the purchase terms, don't specify "All cash :to seller" if you require a new ...................................................... mortgage to provide that cash. Be sure your offer contains a clause making your offer contingent on approval of the mortgage. Even if you got preapproved for a mortgage, the lender can avoid making the loan by low-balling the appraisal. THE PEOPLE OF THE STATE OF NEW YORK The mortgage you want to obtain should be specified with detail, such as a new 30-year fixed TO interest rate mortgage of at least $100,000 with interest not exceeding 8 percent, a loan fee of not more than 2 percent, and a monthly payment not exceeding $733.76. If you want the seller to help finance the sale, by carrying back either a first or second mortgage, here is where you specify the terms you want. GREETINGS: Personal property WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before If you want , the Honorable any personal property included in the home sale, such as the kitchen appliances, be at the Court sure to located at County ofspecifically itemize them in your purchase offer. For example, specify the "General Electric electronic monitor now on the premises." in thestopsnoon, and at any recessed the seller from inside-by-side refrigerator withday of room , on the , 20 , at o'clock This orsubstituting inferior replacement personal as a witness in this action on the part of the adjourned date, to testify and give evidence property at the last minute. Time for acceptance of your purchase offer Your purchase offer should contain a short time for the seller'saacceptance. Twenty-four hours is liable to Your failure to comply with this subpoena is punishable as contempt of court and will make you usually sufficient unless the seller is was issued for a maximum penalty valid and long time the party on whose behalf this subpoenaout of town. Don't make your offerof $50 for aall damages sustained as a period because then comply. result of your failure to it will be "shopped" by the realty agent to see if a better offer from another buyer can be obtained. Witness, Honorable •A in Courtprofessional inspection County, , one of the Justices of the day of , 20 The buyer should pay for the professional inspection because it's for the buyer's benefit. Accompany the professional inspector. When a defect discovered is serious, such as a cracked chimney, expect the seller to pay for the repair. If the seller refuses to sign above major necessary (Attorney must pay for and type name below) repairs, disapprove the report and get your good faith deposit refunded. •Seller's disclosure of known defects Many states, led by California and Maine, now require home sellers and their realty agents to Attorney(s) for disclose in writing any known defects in the residence. If your state requires seller disclosure of defects, your purchase offer should be contingent upon your approval of the seller's disclosure. •Liquidated damages clause This clause specifies maximum damages a defaulting buyer must pay to the home seller if the Office and P.O. Address buyer doesn't complete the purchase as agreed. Some state laws set maximum liquidated damages. As a buyer, you may want to agree to liquidated damages so you can't be held liable for more than the specified sum if you default. Telephone No.: •Arbitration of disputes clause Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Most printed real estate purchase contracts now contain an optional clause whereby the buyer and JUDICIAL SUBPOENA Plaintiff(s) seller agree to arbitrate disputes. Misguided real estate agents, blindly following recommendations -againstfrom their real estate trade groups, often suggest signing the: arbitration clause. I strongly disagree. Too many uncontrollable things can go wrong with arbitration of disputes. My : recommendation is don't agree to arbitration. If a dispute arises later, at that time you can decide if you prefer to go to arbitration or mediation rather than become involved in a lawsuit. : •An all-inclusive weasel clause Defendant(s) Although the professional inspection contingency clause is sufficient, you might want to also : ...................................................... include an all-inclusive weasel clause such as "This purchase offer is contingent upon buyer's attorney satisfactory inspection and approval of the purchase contract within 10 business days." This gives you a "free look" while your attorney, CPA or other trusted business advisor reviews THE PEOPLE OF THE STATE OF NEW YORK the agreement. TO Article 3. Purchaser's Mortgage Contingency GREETINGS: 3.01 Application. If an amount is specified at item VIII, Purchaser will (promptly after this Contract is COMMANDbest effortsall business and excuses being laid aside, you and each of you and before WE signed) use YOU, that to obtain a first mortgage on the Premises in that amount attend on the terms , the Honorable specified in section D-3. at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 3.02 Alternate Financing. If Purchaser is unable to obtain such commitment and gives notice thereof to Seller by the time specified in or determined pursuant to section D-3-j, Seller may within 21 days after the effective date subpoenanotice by Purchaser (a) procure for and will makefirm liable to Your failure to comply with this of such is punishable as a contempt of court Purchaser a you commitment from an institutional lender for a first mortgage loan meeting$50 and all damages sustained as a the party on whose behalf this subpoena was issued for a maximum penalty of such terms or (b) accept a Purchase Money Mortgage on such terms. If Seller does so within such additional 21-day result of your failure to comply. time period, item VIII and section D-3 will no longer apply; otherwise this Contract will terminate and section 1 7.03 will apply. Witness, Honorable , one of the Justices of the Court in County, day of , 20 3.03 A lender that makes any such loan is referred to herein as "Purchaser's Lender." (Attorney must sign above and type name below) Article 4. Title Insurance and Condition of Title Attorney(s) for 4.01 Title Commitment. Promptly after the Execution Date Purchaser will apply (directly or through Purchaser's Lender) for issuance by Title Insurer of a commitment for an owner's title Office and P.O. Address insurance policy. a.The commitment is (i) to be in the amount of the Purchase Price, (ii) to include a zoni ng Telephone No.: endorsement that insures Purchaser that the existing structures on, and the present use of, the Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Real Estate do not violate any zoning laws, regulations and ordinances, (iii) to include extended JUDICIAL SUBPOENA Plaintiff(s) coverage over general exceptions, and (iv) to cover title to the Real Estate on or after the Date of -against: Execution. : b.On receipt of the commitment Purchaser will promptly cause a copy of the commitment to be delivered to Seller's attorney. Seller will use best efforts to cause the commitment to conform to : the condition of title specified in Section 4.02 by the earlier of (i) 63 days after Seller receives a Defendant(s) copy of the commitment and (ii) the expiration date of any written loan commitment of : ...................................................... Purchaser's Lender that was delivered to Purchaser prior to the scheduled date of Closing. c.Seller will pay for the title insurance commitment and the resulting owner's title policy. THE PEOPLE OF THE STATE OF NEW YORK TO 4.02 Condition of Title. Seller will use best efforts to convey, and Purchaser will accept if ten dered, fee simple title to the Real Estate in accordance with the terms of this Contract, subject only to (a) the matters set forth in Schedule B ("Permitted Exceptions"), (b) matters that are GREETINGS: insured against pursuant to section 15.04-b, and (c) any other matters as to which both (i) Title Insurer WE COMMAND YOU, that allpremium,and insure by endorsement and (ii) Purchaser's attend before is willing, without additional business to excuses being laid aside, you and each of you Lender, if any, will accept, except that if such acceptance by Purchaser's Lender is unreasonably , the Honorable at the Court withheld located at County of or delayed, the acce ptance will be deemed to have been given. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Article 5. Inspection, Due Diligence and Termination Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 5.01 Information Regarding the Premises. Within ten days from the Date of Execution Seller will make available to Purchaser for inspection and copying (a) the documents that fix all the of the of Witness, Honorable , one of the Justices terms any in Court Leases and of any Tenancies, (b) the documents that are referred to in sections 8.04, 8.06, County, day of , 20 8.07 and 8.08, and (c) such building plans and specifications, and such operating statements an d balance sheets for the current fiscal year and for the immediately preceding fiscal year, as are in the possession or control of Seller and relate to the Premises. (Attorney must sign above and type name below) Attorney(s) for 5.02 Inspection of the Premises. Within 35 days after the Date of Execution Purchaser may inspect the Premises and obtain soil tests and an environmental audit of the Premises, all subject to the rights of any tenants. Seller will use best efforts to obtain any necessary consents from tenants. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 5.03 Purchaser's Electi on to Terminate. Purchaser may elect to terminate this Contract by notice American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. to Seller at any time prior to five days after expiration of the: time period that is provided for by JUDICIAL SUBPOENA Plaintiff(s) section 5.02 if in Purchaser's absolute discretion, which is not subject to question or review for -against: any reason, (a) the material that is described in section 5.01 has not been made available to Purchaser as called for by that section, (b) Purchaser has not been able to inspect the Premises : and obtain soil tests and an environmental audit of the Premises, or (c) Purchaser is dissatisfied with any matters disclosed by such documents, inspection or tests. If Purchaser so elects to : terminate this Contract, section 17.03 will apply. Defendant(s) : ...................................................... 5.04 Acceptance of the Premises. If Purchaser does not elect to terminate this Contract pursuant THEsection 5.03 and PurchaserOF otherwise required to proceed hereunder, Seller will deliver (and to PEOPLE OF THE STATE is NEW YORK Purchaser will accept) the Premises in substantially the same condition at closing as on the Date of TO Execution, except for ordinary wear and tear, and matters described in Article 11, but Purchaser will have the benefit of any representations and warranties by Seller relating to the Premises. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com