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Residential Condominium Contract (Resale) Form. This is a Texas form and can be use in Texas Real Estate Commission Statewide.
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Tags: Residential Condominium Contract (Resale), 30-7, Texas Statewide, Texas Real Estate Commission
Contract Concerning
Page
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) of 8
06-30-08
(Address of Property)
NOTICE: Not For Use Where Seller Owns Fee Simple Title To Land Beneath Unit
EQUAL HOUSING
OPPORTUNITY
RESIDENTIAL CONDOMINIUM CONTRACT (RESALE)
1. PARTIES: The parties to this contract are
(Seller) and
(Buyer).
Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property
defined below.
2. PROPERTY AND CONDOMINIUM DOCUMENTS:
A. The Condominium Unit, improvements and accessories described below are collectively
referred to as the “Property”.
(1) CONDOMINIUM UNIT: Unit
, in Building
,
of
, a condominium project, located at
(address/zip code),
City of
,County of
,
Texas, described in the Condominium Declaration and Plat and any amendments thereto
of record in said County; together with such Unit's undivided interest in the Common
Elements designated by the Declaration, including those areas reserved as Limited
Common Elements appurtenant to the Unit and such other rights to use the Common
Elements which have been specifically assigned to the Unit in any other manner. Parking
areas assigned to the Unit are:
.
(2) IMPROVEMENTS: All fixtures and improvements attached to the above described real
property including without limitation, the following permanently installed and built-in
items, if any: all equipment and appliances, valances, screens, shutters, awnings, wallto-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and
satellite dish system and equipment, heating and air conditioning units, security and fire
detection equipment, wiring, plumbing and lighting fixtures, chandeliers, shrubbery,
landscaping, outdoor cooking equipment, and all other property owned by Seller and
attached to the above described Condominium Unit.
(3) ACCESSORIES: The following described related accessories, if any: window air
conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades,
draperies and rods, controls for satellite dish system, controls for garage door openers,
entry gate controls, door keys, mailbox keys, and artificial fireplace logs.
(4) EXCLUSIONS: The following improvements and accessories will be retained by Seller and
must be removed prior to delivery of possession:
.
B. The Declaration, Bylaws and any Rules of the Association are called "Documents". (Check
one box only):
(1) Buyer has received a copy of the Documents. Buyer is advised to read the
Documents before signing the contract.
(2) Buyer has not received a copy of the Documents. Seller shall deliver the Documents
to Buyer within
days after the effective date of the contract. Buyer may
cancel the contract before the sixth day after Buyer receives the Documents by
hand-delivering or mailing written notice of cancellation to Seller by certified United
States mail, return receipt requested.
C. The Resale Certificate from the condominium owners association (the Association) is called
the "Certificate". The Certificate must be in a form promulgated by TREC or required by the
parties. The Certificate must have been prepared no more than 3 months before the date it
is delivered to Buyer and must contain at a minimum the information required by Section
82.157, Texas Property Code.
(Check one box only):
(1) Buyer has received the Certificate.
(2) Buyer has not received the Certificate. Seller shall deliver the Certificate to Buyer
within
days after the effective date of the contract. Buyer may cancel the
contract before the sixth day after the date Buyer receives the Certificate by handdelivering or mailing written notice of cancellation to Seller by certified United States
mail, return receipt requested.
(3) Buyer has received Seller's affidavit that Seller requested information from the
Association concerning its financial condition as required by the Texas Property Code,
and that the Association did not provide a Certificate or information required in the
Certificate. Buyer and Seller agree to waive the requirement to furnish the
Certificate.
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing ................... $
B Sum of all financing described below (excluding any loan funding
fee or mortgage insurance premium)........................................... $
C. Sales Price (Sum of A and B)....................................................... $
Initialed for identification by Buyer
and Seller
TREC NO. 30-7
Contract Concerning
Page 2 of 8
06-30-08
(Address of Property)
4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check
applicable boxes below)
A.THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$
(excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting
requirements for the loan(s), this contract will terminate and the earnest money will be
refunded to Buyer.
(2) Financing Approval: (Check one box only)
(a) This contract is subject to Buyer being approved for the financing described in the
attached Third Party Financing Condition Addendum.
(b) This contract is not subject to Buyer being approved for financing and does not
involve FHA or VA financing.
B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory
notes described in the attached TREC Loan Assumption Addendum.
C. SELLER FINANCING: A promissory note from Buyer to Seller of $
,
secured by vendor's and deed of trust liens, and containing the terms and conditions
described in the attached TREC Seller Financing Addendum. If an owner policy of title
insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance.
5. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit
$
as earnest money with
,
as escrow agent, at
(address). Buyer shall deposit additional earnest money of $
with escrow
agent within
days after the effective date of this contract. If Buyer fails to deposit the
earnest money as required by this contract, Buyer will be in default.
6. TITLE POLICY:
A. TITLE POLICY: Seller shall furnish to Buyer at
title insurance (Title Policy) issued by
Seller’s
Buyer’s expense an owner policy of
(Title Company) in the amount of
the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of
the Title Policy, subject to the promulgated exclusions (including existing building and zoning
ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 4.
(4) Terms and provisions of the Documents including the assessments and platted
easements.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved
by Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specified time, the time for delivery will be automatically
extended up to 15 days or the Closing Date, whichever is earlier.
C. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the
following use or activity:
.
Buyer must object the earlier of (i) the Closing Date or (ii)
days after Buyer receives
the Commitment and Exception Documents. Buyer’s failure to object within the time
allowed will constitute a waiver of Buyer’s right to object; except that the requirements in
Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any
expense, Seller shall cure the timely objections of Buyer or any third party lender within 15
days after Seller receives the objections and the Closing Date will be extended as necessary.
If objections are not cured within such 15 day period, this contract will terminate and the
earnest money will be refunded to Buyer unless Buyer waives the objections.
D. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering
the Property examined by an attorney of Buyer’s selection, or Buyer should be furnished
with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attorney of Buyer’s choice due to the time limitations on Buyer’s
right to object.
Initialed for identification by Buyer
and Seller
TREC NO. 30-7
Contract Concerning
Page 3 of 8
06-30-08
(Address of Property)
(2) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(3) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(4) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included
in the extraterritorial jurisdiction of a municipality and may now or later be subject to
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality’s extraterritorial jurisdiction or is likely to be located within a municipality’s
extraterritorial jurisdiction, contact all municipalities located in the general proximity of the
Property for further information.
(5) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real property, described in
Paragraph 2, that you are about to purchase may be located in a certificated water or
sewer service area, which is authorized by law to provide water or sewer service to the
properties in the certificated area. If your property is located in a certificated area there
may be special costs or charges that you will be required to pay before you can receive
water or sewer service. There may be a period required to construct lines or other
facilities necessary to provide water or sewer service to your property. You are advised to
determine if the property is in a certificated area and contact the utility service provider to
determine the cost that you will be required to pay and the period, if any, that is required
to provide water or sewer service to your property. The undersigned Buyer hereby
acknowledges receipt of the foregoing notice at or before the execution of a binding
contract for the purchase of the real property described in Paragraph 2 or at closing of
purchase of the real property.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer’s agents access
to the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Seller at Seller's expense shall turn on existing utilities for inspections.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice):
(Check one box only)
(1) Buyer has received the Notice.
(2) Buyer has not received the Notice. Within
days after the effective date of this
contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice,
Buyer may terminate this contract at any time prior to the closing and the earnest
money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate
this contract for any reason within 7 days after Buyer receives the Notice or prior to
the closing, whichever first occurs, and the earnest money will be refunded to Buyer.
(3) The Texas Property Code does not require this Seller to furnish the Notice.
C. 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.
D. ACCEPTANCE OF PROPERTY CONDITION: (Check one box only)
(1) Buyer accepts the Property in its present condition.
(2) Buyer accepts the Property in its present condition provided Seller, at Seller’s expense,
shall complete the following specific repairs and treatments:
.
E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither
party is obligated to pay for lender required repairs, which includes treatment for wood
destroying insects. If the parties do not agree to pay for the lender required repairs or
treatments, this contract will terminate and the earnest money will be refunded to Buyer. If
the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may
terminate this contract and the earnest money will be refunded to Buyer.
F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall
complete all agreed repairs and treatments prior to the Closing Date. All required permits
must be obtained, and repairs and treatments must be performed by persons who are
licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer’s
election, any transferable warranties received by Seller with respect to the repairs and
treatments will be transferred to Buyer at Buyer’s expense. If Seller fails to complete any
agreed repairs and treatments prior to the Closing Date, Buyer may do so and receive
reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if
necessary, to complete repairs and treatments.
Initialed for identification by Buyer
and Seller
TREC NO. 30-7
Contract Concerning
Page 4 of 8
06-30-08
(Address of Property)
G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic
substances, including asbestos and wastes or other environmental hazards or the presence of
a threatened or endangered species or its habitat may affect Buyer’s intended use of the
Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or
required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract
from a residential service company licensed by TREC. If Buyer purchases a residential service
contract, Seller shall reimburse Buyer at closing for the cost of the residential service contract
in an amount not exceeding $
. Buyer should review any residential service
contract for the scope of coverage, exclusions and limitations. The purchase of a
residential service contract is optional. Similar coverage may be purchased from
various companies authorized to do business in Texas.
8.BROKERS' FEES: All obligations of the parties for payment of brokers’ fees are contained in separate
written agreements.
9. CLOSING:
A. The closing of the sale will be on or before
, 20
, or within 7 days
after objections to matters disclosed in the Commitment have been cured, whichever date is
later (Closing Date). If either party fails to close the sale by the Closing Date, the nondefaulting party may exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to
Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish
tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits,
releases, loan documents and other documents required of them by this contract, the
Commitment or law necessary for the closing of the sale and the issuance of the Title
Policy.
(4)There will be no liens, assessments, or security interests against the Property which will
not be satisfied out of the sales proceeds unless securing the payment of any loans
assumed by Buyer and assumed loans will not be in default.
10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required
condition, ordinary wear and tear excepted:
upon closing and funding
according to a temporary
residential lease form promulgated by TREC or other written lease required by the parties. Any
possession by Buyer prior to closing or by Seller after closing which is not authorized by a written
lease will establish a tenancy at sufferance relationship between the parties. Consult your
insurance agent prior to change of ownership and possession because insurance coverage
may be limited or terminated. The absence of a written lease or appropriate insurance
coverage may expose the parties to economic loss.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the
sale. TREC rules prohibit licensees from adding factual statements or business details for which
a contract addendum, lease or other form has been promulgated by TREC for mandatory use.)
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1)Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; lender,
FHA, or VA completion requirements; tax statements or certificates; preparation of
deed; one-half of escrow fee; and other expenses payable by Seller under this
contract.
Initialed for identification by Buyer
and Seller
TREC NO. 30-7
Contract Concerning
Page 5 of 8
06-30-08
(Address of Property)
(b) Seller shall also pay an amount not to exceed $
to be applied in the
following order: Buyer’s Expenses which Buyer is prohibited from paying by FHA, VA,
Texas Veterans Land Board or other governmental loan programs, and then to other
Buyer’s Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees).
(b) Appraisal fees; loan application fees; credit reports; preparation of loan documents;
interest on the notes from date of disbursement to one month prior to dates of first
monthly payments; recording fees; copies of easements and restrictions; mortgagee
title policy with endorsements required by lender; loan-related inspection fees; photos;
amortization schedules; one-half of escrow fee; all prepaid items, including required
premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem
taxes and special governmental assessments; final compliance inspection; courier fee;
repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan;
and other expenses payable by Buyer under this contract.
(3) Any Association fees resulting from the transfer of the property will be paid by
Seller
Buyer.
B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA
Mortgage Insurance Premium (MIP) as required by the lender.
C. If any expense exceeds an amount expressly stated in this contract for such expense to be
paid by a party, that party may terminate this contract unless the other party agrees to pay
such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas
Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, regular condominium
assessments, dues and rents will be prorated through the Closing Date. The tax proration may
be calculated taking into consideration any change in exemptions that will affect the current
year's taxes. 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 taxes are
not paid at or prior to closing, Buyer shall pay taxes for the current year. Cash reserves from
regular condominium assessments for deferred maintenance or capital improvements established
by the Association will not be credited to Seller. Any special condominium assessment due and
unpaid at closing will be the obligation of Seller.
14. CASUALTY LOSS: If any part of the Unit which Seller is solely obligated to maintain and repair
under the terms of the Declaration is damaged or destroyed by fire or other casualty, Seller shall
restore the same to its previous condition as soon as reasonably possible, but in any event by
the Closing Date. If Seller fails to do so due to factors beyond Seller’s control, Buyer may (a)
terminate this contract and the earnest money will be refunded to Buyer, (b) extend the time for
performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the
Property in its damaged condition with an assignment of insurance proceeds and receive credit
from Seller at closing in the amount of the deductible under the insurance policy. If any part of
the Common Elements or Limited Common Elements appurtenant to the Unit is damaged or
destroyed by fire or other casualty loss, Buyer will have 7 days from receipt of notice of such
casualty loss within which to notify Seller in writing that the contract will be terminated unless
Buyer receives written confirmation from the Association that the damaged condition will be
restored to its previous condition within a reasonable time at no cost to Buyer. Unless Buyer
gives such notice within such time, Buyer will be deemed to have accepted the Property without
confirmation of such restoration. Seller will have 7 days from the date of receipt of Buyer’s
notice within which to cause to be delivered to Buyer such confirmation. If written confirmation
is not delivered to Buyer as required above, Buyer may terminate this contract and the earnest
money will be refunded to Buyer. Seller’s obligations under this paragraph are independent of
any other obligations of Seller under this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (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 releasing
both parties 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 the Commitment, if required of Seller,
Buyer may (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 the earnest
money. If Seller fails to comply with this contract for any other reason, Seller will be in default
and Buyer may (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.
16. MEDIATION: It is the policy of the State
alternative dispute resolution procedures
Buyer related to this contract which is not
be submitted to a mutually acceptable
Initialed for identification by Buyer
of Texas to encourage resolution of disputes through
such as mediation. Any dispute between Seller and
resolved through informal discussion
will
will not
mediation service or provider. The parties to the
and Seller
TREC NO. 30-7
Contract Concerning
Page 6 of 8
06-30-08
(Address of Property)
mediation shall bear the mediation costs equally. This paragraph does not preclude a party from
seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails
in any legal proceeding related to this contract is entitled to recover reasonable attorney’s fees
and all costs of such proceeding.
18. ESCROW:
A.ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for
the performance or nonperformance of any party to this contract, (ii) liable for interest on the
earnest money and (iii) liable for the loss of any earnest money caused by the failure of any
financial institution in which the earnest money has been deposited unless the financial
institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment,
then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow
agent may require payment of unpaid expenses incurred on behalf of the parties and a
written release of liability of escrow agent from all parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a
release of earnest money to each party and the parties shall execute counterparts of the
release and deliver same to the escrow agent. If either party fails to execute the release,
either party may make a written demand to the escrow agent for the earnest money. If only
one party makes written demand for the earnest money, escrow agent shall promptly provide
a copy of the demand to the other party. If escrow agent does not receive written objection
to the demand from the other party within 15 days, escrow agent may disburse the earnest
money to the party making demand reduced by the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money and escrow agent may pay the same to the
creditors. If escrow agent complies with the provisions of this paragraph, each party hereby
releases escrow agent from all adverse claims related to the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the
escrow agent within 7 days of receipt of the request will be liable to the other party for
liquidated damages in an amount equal to the sum of: (i) three times the amount of the
earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of
suit.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will
be in default. Unless expressly prohibited by written agreement, Seller may continue to show
the Property and receive, negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person,” as defined by applicable law, or
if Seller fails to deliver an affidavit to Buyer 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.
Internal Revenue Service regulations require filing written reports if currency in excess of
specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows:
To Seller at:
To Buyer at:
Telephone: (
)
Telephone: (
)
Facsimile:
)
Facsimile:
)
(
E-mail:
Initialed for identification by Buyer
(
E-mail:
and Seller
TREC NO. 30-7
Contract Concerning
Page 7 of 8
06-30-08
(Address of Property)
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this contract
are (check all applicable boxes):
Third Party Financing Condition Addendum
Addendum for Seller's Disclosure of
Information on Lead-based Paint and
Lead-based Paint Hazards as Required
by Federal Law
Loan Assumption Addendum
Buyer’s Temporary Residential Lease
Environmental Assessment, Threatened
or Endangered Species and Wetlands
Addendum
Seller's Temporary Residential Lease
Addendum for Sale of Other Property
by Buyer
Addendum for Property Located
Seaward of the Gulf Intracoastal
Waterway
Addendum for "Back-Up" Contract
Addendum for Release of Liability on
Assumption of FHA, VA, or Conventional
Loan Restoration of Seller’s Entitlement
for VA Guaranteed Loan
Seller Financing Addendum
Addendum Containing Required Notices
Under §5.016, §420.001 and §420.002,
Texas Property Code
Addendum for Coastal Area Property
Other (list):
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller $
(Option Fee)
within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right
to terminate this contract by giving notice of termination to Seller within
days after the
effective date of this contract. If no dollar amount is stated as the Option Fee or if Buyer fails
to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of
this contract and Buyer shall not have the unrestricted right to terminate this contract. If Buyer
gives notice of termination within the time prescribed, the Option Fee will not be refunded;
however, any earnest money will be refunded to Buyer. The Option Fee
will
will not be
credited to the Sales Price at closing. Time is of the essence for this paragraph and strict
compliance with the time for performance is required.
24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS
CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney
BEFORE signing.
Buyer's
Attorney is:
Seller's
Attorney is:
Telephone: (
)
Telephone: (
)
Facsimile:
)
Facsimile:
)
(
E-mail:
(
E-mail:
EXECUTED the
day of
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Buyer
(EFFECTIVE DATE).
Seller
Buyer
, 20
Seller
The form of this contract has been approved by the Texas Real Estate Commission.
TREC forms are intended for use only by trained real estate licensees. No
representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate
Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC NO. 30-7. This form replaces TREC NO. 30-6.
Initialed for identification by Buyer
and Seller
TREC NO. 30-7
Contract Concerning
Page 8 of 8
06-30-08
(Address of Property)
BROKER INFORMATION AND RATIFICATION OF FEE
Listing Broker has agreed to pay Other Broker
of the total sales price
when Listing Broker’s fee is received. Escrow Agent is authorized and directed to pay Other Broker from
Listing Broker’s fee at closing.
Other Broker
represents
License No.
Buyer only as Buyer’s agent
Listing Broker
License No.
represents
Seller and Buyer as an intermediary
Seller as Listing Broker’s subagent
Associate
Seller only as Seller’s agent
Telephone
Broker's Address
Listing Associate
Telephone
Listing Associate’s Office Address
City
State
Zip
Facsimile
City
State
Facsimile
Email Address
Email Address
Selling Associate
Zip
Telephone
Selling Associate’s Office Address
Facsimile
City
State
Zip
Email Address
OPTION FEE RECEIPT
Receipt of $
(Option Fee) in the form of
Seller or Listing Broker
is acknowledged.
Date
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of
Contract and
is acknowledged.
Escrow Agent:
$
Earnest Money in the form of
Date:
By:
Email Address
Telephone (
Address
City
Initialed for identification by Buyer
State
Zip
and Seller
)
Facsimile: (
)
TREC NO. 30-7