Lot/Land Purchase and Sale Agreement Form - Tennessee Association of Realtors - Tennessee

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LOT/LAND PURCHASE AND SALE AGREEMENT
1.
Purchase and Sale. For and in consideration of the mutual covenants herein and other good and valuable consideration,
1
the receipt and sufficiency of which is hereby acknowledged, the undersigned buyer
2
__________________________________________________________________________ (“Buyer”) agrees to buy and
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the undersigned seller ______________________________________________________________________ (“Seller”)
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agrees to sell all that tract or parcel of land, with such improvements as are located thereon, described as follows:
5
All that tract of land known as: _______________________________________________________________________
6
(Address) _____________________________________________________ (City), Tennessee, __________(Zip), as
7
recorded in _____________________________________________________ County Register of Deeds Office,
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____________ deed book(s), _________ page(s), _____________ and/or instrument number and as further described as:
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_________________________________________________________________________________________________
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together with all fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred to as
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the “Property.”
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This box must be checked to be part of this Agreement. The full and legal description of said Property is as described
13
in the attached “Legal Description Exhibit.”
14
A. LEASED ITEMS. Leased items that remain with the Property (e.g. billboards, irrigation systems, fuel tank, etc.)
15
_________________________. Buyer shall assume any and all lease payments as of Closing. If leases are not
16
assumable, the balance shall be paid in full by Seller at or before Closing.
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Buyer does not wish to assume a leased item. (
THIS BOX MUST BE CHECKED IN ORDER
18
FOR IT TO BE A PART OF THIS AGREEMENT.)
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Buyer does not wish to assume Seller's current lease of _______________________________; therefore,
20
Seller shall have said lease cancelled and leased items removed from Property prior to Closing.
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B. FUEL. Fuel, if any, will be adjusted and charged to the Buyer and credited to the Seller at Closing at current market
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prices.
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2.
Purchase Price, Method of Payment and Closing Expenses. Buyer warrants that, except as may be otherwise
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provided herein, Buyer will at Closing have sufficient cash to complete the purchase of the Property under the terms of
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this Lot/Land Purchase and Sale Agreement (hereinafter “Purchase and Sale Agreement” or “Agreement”). The
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purchase price to be paid is: $_______________________________________________,
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________________________________________________________________ U.S. Dollars, (“Purchase Price”) which
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shall be disbursed at Buyer’s expense and paid to Seller or Seller’s Closing Agency in immediately available funds in the
29
form of one of the following:
30
i.
a Federal Reserve Bank wire transfer;
31
ii. a Cashier’s Check issued by a financial institution as defined in 12 CFR § 229.2(i);
32
iii. a check issued by the State of Tennessee or a political subdivision thereof;
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iv. a check issued by an instrumentality of the United States organized and existing under the Farm Credit Act
34
of 1971; OR
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v.
in other such form as is approved in writing by Seller.
36
This price is based (Select one. The sections not checked are not a part of this Agreement.):
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for entire Property as a tract, and not by the acre OR
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per acre with the Purchase Price to be determined by the actual amount of acreage of the Property, $___________
39
per acre based on a current or mutually acceptable survey OR
40
for entire Property as a tract but with the Purchase Price to be adjusted upward or downward at $_____________ per
41
acre in the event the actual amount of acreage of the Property based on a current or mutually acceptable survey
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should vary more or less than ___________ acre(s) from the _________________________ estimated acreage.
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A. Appraisal (Select either 1 or 2 below. The sections not checked are not a part of this Agreement).
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1.
This Agreement IS NOT contingent upon the appraised value either equaling or exceeding the
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agreed upon Purchase Price.
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®
Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 1 of 9
Version 1/01/2013
LOT/LAND PURCHASE AND SALE AGREEMENT
1.
Purchase and Sale. For and in consideration of the mutual covenants herein and other good and valuable consideration,
1
the receipt and sufficiency of which is hereby acknowledged, the undersigned buyer
2
__________________________________________________________________________ (“Buyer”) agrees to buy and
3
the undersigned seller ______________________________________________________________________ (“Seller”)
4
agrees to sell all that tract or parcel of land, with such improvements as are located thereon, described as follows:
5
All that tract of land known as: _______________________________________________________________________
6
(Address) _____________________________________________________ (City), Tennessee, __________(Zip), as
7
recorded in _____________________________________________________ County Register of Deeds Office,
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____________ deed book(s), _________ page(s), _____________ and/or instrument number and as further described as:
9
_________________________________________________________________________________________________
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together with all fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred to as
11
the “Property.”
12
This box must be checked to be part of this Agreement. The full and legal description of said Property is as described
13
in the attached “Legal Description Exhibit.”
14
A. LEASED ITEMS. Leased items that remain with the Property (e.g. billboards, irrigation systems, fuel tank, etc.)
15
_________________________. Buyer shall assume any and all lease payments as of Closing. If leases are not
16
assumable, the balance shall be paid in full by Seller at or before Closing.
17
Buyer does not wish to assume a leased item. (
THIS BOX MUST BE CHECKED IN ORDER
18
FOR IT TO BE A PART OF THIS AGREEMENT.)
19
Buyer does not wish to assume Seller's current lease of _______________________________; therefore,
20
Seller shall have said lease cancelled and leased items removed from Property prior to Closing.
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B. FUEL. Fuel, if any, will be adjusted and charged to the Buyer and credited to the Seller at Closing at current market
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prices.
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2.
Purchase Price, Method of Payment and Closing Expenses. Buyer warrants that, except as may be otherwise
24
provided herein, Buyer will at Closing have sufficient cash to complete the purchase of the Property under the terms of
25
this Lot/Land Purchase and Sale Agreement (hereinafter “Purchase and Sale Agreement” or “Agreement”). The
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purchase price to be paid is: $_______________________________________________,
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________________________________________________________________ U.S. Dollars, (“Purchase Price”) which
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shall be disbursed at Buyer’s expense and paid to Seller or Seller’s Closing Agency in immediately available funds in the
29
form of one of the following:
30
i.
a Federal Reserve Bank wire transfer;
31
ii. a Cashier’s Check issued by a financial institution as defined in 12 CFR § 229.2(i);
32
iii. a check issued by the State of Tennessee or a political subdivision thereof;
33
iv. a check issued by an instrumentality of the United States organized and existing under the Farm Credit Act
34
of 1971; OR
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v.
in other such form as is approved in writing by Seller.
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This price is based (Select one. The sections not checked are not a part of this Agreement.):
37
for entire Property as a tract, and not by the acre OR
38
per acre with the Purchase Price to be determined by the actual amount of acreage of the Property, $___________
39
per acre based on a current or mutually acceptable survey OR
40
for entire Property as a tract but with the Purchase Price to be adjusted upward or downward at $_____________ per
41
acre in the event the actual amount of acreage of the Property based on a current or mutually acceptable survey
42
should vary more or less than ___________ acre(s) from the _________________________ estimated acreage.
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A. Appraisal (Select either 1 or 2 below. The sections not checked are not a part of this Agreement).
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1.
This Agreement IS NOT contingent upon the appraised value either equaling or exceeding the
45
agreed upon Purchase Price.
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®
Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 1 of 9
Version 1/01/2013
2.
This Agreement IS CONTINGENT upon the appraised value either equaling or exceeding the agreed
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upon Purchase Price. If appraised value is equal to or exceeds the Purchase Price, this contingency is
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satisfied. If the appraised value of the Property does not equal or exceed the Purchase Price, the Buyer may
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terminate this Agreement by providing written notice to the Seller and providing written proof of the same
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(for example, this written proof could include, but is not limited to, a copy of appraisal or a signed letter
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from Lender) via the Notification form or equivalent written notice. Upon termination, Buyer is entitled to
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a refund of the Earnest Money.
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B. Closing Costs and Discount Points:
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1.
Seller Expenses. Seller shall pay all existing loans affecting the Property, including all penalties, release
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preparation costs, and applicable recording costs; any accrued and/or outstanding association dues or fees; fee
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(if any) to obtain lien payoff/estoppel letters from any and all associations, mortgage holders or other liens
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affecting the Property; Seller’s Closing fee, document preparation fee and/or attorney’s fees; fee for preparation
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of deed; and notary fee on deed. Seller additionally agrees to permit any withholdings and/or to pay any
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additional sum due as is required under the Foreign Investment in Real Property Tax Act. Failure to do so will
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constitute a default by Seller.
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In the event Seller is subject to Tax Withholding as required by the Foreign Investment in Real Property
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Tax Act, (hereinafter “FIRPTA”), Seller additionally agrees that such Tax Withholding must be collected
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from Seller by Buyer’s Closing Agent at the time of Closing. In the event Seller is not subject to FIRPTA,
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Seller shall be required as a condition of Closing to sign appropriate affidavits certifying that Seller is not
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subject to FIRPTA. It is Seller’s responsibility to seek independent tax advice or counsel prior to the Closing
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Date regarding such tax matters.
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2.
Buyer Expenses. Buyer shall pay all transfer taxes and recording fees on deed of conveyance and deed of trust;
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Buyer’s Closing fee, document preparation fee and/or attorney’s fees; preparation of note, deed of trust, and
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other loan documents; mortgage loan inspection or boundary line survey; credit report; required premiums for
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private mortgage, hazard and flood insurance; required reserved deposits for insurance premiums and taxes;
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prepaid interest; re-inspection fees pursuant to appraisal; and any costs incident to obtaining and closing a loan,
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including but not limited to: appraisal, origination, discount points, application, commitment, underwriting,
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document review, courier, assignment, photo, tax service and notary fees.
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3.
Title Expenses. Cost of title search or abstract, mortgagee’s policy and owner’s policy shall be paid as follows:
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_________________________________________________________________________________________.
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Buyer to receive benefit of simultaneous issue.
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Not all of the above items are applicable to every transaction and may be modified as follows:
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_____________________________________________________________________________________________
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_____________________________________________________________________________________________
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Closing Agency for Buyer: ______________________________________________________________________
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Closing Agency for Seller: ______________________________________________________________________
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Title Company: _______________________________________________________________________________
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or other Closing Agency as mutually agreed by Seller and Buyer.
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C. Financial Contingency – Loan(s) To Be Obtained: This Agreement is conditioned upon Buyer’s ability to obtain
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a loan(s) in the principal amount up to ___________% of the Purchase Price listed above to be secured by a deed of
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trust on the Property. “Ability to obtain” as used herein means that Buyer is qualified to receive the loan described
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herein based upon Lender’s customary and standard underwriting criteria. In the event Buyer, having acted in good
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faith and in accordance with the terms below, is unable to obtain financing, Buyer may terminate this Agreement by
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providing written notice and a copy of Lender’s loan denial letter via the Notification form or equivalent written
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notice. Upon termination, Buyer is entitled to a refund of the Earnest Money. Lender is defined herein as the
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financial institution funding the loan.
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The loan shall be of the type selected below (Select the appropriate boxes. Unselected items will not be part of
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this Agreement):
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Conventional Loan
FHA Loan; attach addendum
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VA Loan; attach addendum
Other ________________________________________
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Buyer may apply for a loan with different terms and conditions and also Close the transaction provided all other
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terms and conditions of this Agreement are fulfilled and the new loan does not increase any costs charged to Seller.
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Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 2 of 9
Version 1/01/2013
Buyer shall be obligated to Close this transaction if Buyer has the ability to obtain a loan with terms as described
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herein and/or any other loan for which Buyer has applied and been approved.
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Loan Obligations: The Buyer agrees and/or certifies as follows:
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(1) Within five (5) days after the Binding Agreement Date, Buyer shall make application for the loan. Buyer
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shall immediately notify Seller or Seller’s representative of having applied for the loan and provide
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Lender’s name and contact information via the Notification form or equivalent written notice;
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(2) Within fourteen (14) days after the Binding Agreement Date, Buyer shall warrant and represent to Seller
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via the Notification form or equivalent written notice that:
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a.
all required Lender deposits, including appraisal cost and credit report, have been paid as evidenced by
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supporting documentation (e.g., cancelled check, receipt from Lender, letter from loan originator, etc.);
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and
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b.
Buyer has available funds to Close per estimates of Lender / loan originator.
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(3) Buyer shall pursue qualification for and approval of the loan diligently and in good faith;
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(4) Buyer shall continually and immediately provide requested documentation to Lender and/or loan
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originator;
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(5) Unless otherwise stated in this Agreement, Buyer represents that this loan is not contingent upon the lease
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or sale of any other real property and the same shall not be used as the basis for loan denial; and
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(6) Buyer shall not intentionally make any material changes in Buyer’s financial condition which would
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adversely affect Buyer’s ability to obtain the Primary Loan or any other loan referenced herein.
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Should Buyer fail to timely comply with 2.C.(1) and/or 2.C.(2) above and provide notice as required, Seller may
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make written demand for compliance via the Notification form or equivalent written notice. If Buyer does not
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furnish Seller the requested documentation within two (2) days after such demand for compliance, Buyer shall be
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considered in default and Seller's obligation to sell is terminated.
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THIS BOX MUST BE CHECKED IN ORDER FOR IT TO BE A PART OF THIS AGREEMENT.
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Financing Contingency Waived (e.g. “All Cash”, etc.):
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Buyer’s obligation to Close shall not be subject to any financial contingency. Buyer reserves the right to obtain a
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loan. Buyer will furnish proof of available funds to close in the following manner: __________________________
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(e.g. bank statement, Lender’s commitment letter) within five (5) days after Binding Agreement Date. Failure to
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Close due to lack of funds shall be considered default by Buyer.
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3.
Earnest Money.
Buyer has paid or will pay within _________ days after the Binding Agreement Date to
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_________________________________________________________________________ (name of Holder) (“Holder”)
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located at _________________________________________________________________ (address of Holder), an
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Earnest Money deposit of $________________ by check (OR _________________________________________)
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(“Earnest Money”). In the event any Earnest Money check is not honored, for any reason, by the bank upon which it is
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drawn, Holder shall promptly notify Buyer and Seller. Buyer shall have one (1) day after notice to deliver good funds to
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Holder. In the event Buyer does not timely deliver good funds, the Seller shall have the right to terminate this
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Agreement upon written notice to Buyer via the Notification form or equivalent written notice. Earnest Money is to be
135
deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Earnest Money paragraph
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or as specified in the Special Stipulations paragraph contained at paragraph 15 herein. Holder shall disburse Earnest
137
Money only as follows:
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(a) at Closing to be applied as a credit toward Buyer’s Purchase Price;
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(b) upon a written agreement signed by all parties having an interest in the funds;
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(c) upon order of a court or arbitrator having jurisdiction over any dispute involving the Earnest Money;
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(d) upon a reasonable interpretation of the Agreement; or
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(e) upon the filing of an interpleader action with payment to be made to the clerk of the court having jurisdiction
143
over the matter.
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Holder shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including
145
reasonable attorney’s fees. The prevailing party in the interpleader action shall be entitled to collect from the other party
146
the costs and expenses reimbursed to Holder. No party shall seek damages from Holder (nor shall Holder be liable for
147
the same) for any matter arising out of or related to the performance of Holder’s duties under this Earnest Money
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Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 3 of 9
Version 1/01/2013
paragraph. Earnest Money shall not be disbursed prior to fourteen (14) days after deposit unless written evidence of
149
clearance by bank is provided.
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4.
Closing, Prorations, Special Assessments and Association Fees.
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A. Closing Date. This transaction shall be closed (“Closed”) (evidenced by delivery of warranty deed and payment of
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Purchase Price, the “Closing”), and this Agreement shall expire at 11:59 p.m. local time on the __________ day of
153
____________________________, __________(“Closing Date”), or on such earlier date as may be agreed to by the
154
parties in writing. Such expiration does not extinguish a party’s right to pursue remedies in the event of default.
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Any extension of this date must be agreed to by the parties in writing via the Closing Date/Possession Date
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Amendment or equivalent written agreement.
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1.
Possession. Possession of the Property is to be given (Select the appropriate boxes below. Unselected items
158
will not be part of this Agreement):
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with delivery of warranty deed and payment of Purchase Price;
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OR
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on _____________________________________________ at __________ o’clock □ am/ □ pm, local time;
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Occupancy Agreement Attached;
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B. Prorations. Real estate taxes, rents, dues, maintenance fees, and association fees on said Property for the calendar
164
year in which the sale is Closed shall be prorated as of the Closing Date. In the event of a change or reassessment of
165
taxes for the calendar year after Closing, the parties agree to pay their recalculated share. Real estate taxes, rents,
166
dues, maintenance fees, and association fees for prior years and roll back taxes, if any, will be paid by Seller.
167
C. Special Assessments. Special Assessments approved or levied prior to the Closing Date shall be paid by the Seller
168
at or prior to Closing unless otherwise agreed as follows:
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_____________________________________________________________________________________________.
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D. Association Fees. Buyer shall be responsible for all homeowner or condominium association transfer fees, related
171
administration fees, capital expenditures/contributions incurred due to the transfer of Property and/or like expenses
172
which are required by the association, property management company and/or bylaws, declarations or covenants for
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the Property (unless otherwise specifically addressed herein and/or unless specifically chargeable to Seller under
174
applicable bylaws and/or neighborhood covenants).
175
5.
Title and Conveyance.
176
A. Seller warrants that at the time of Closing, Seller will convey or cause to be conveyed to Buyer or Buyer’s assign(s)
177
good and marketable title to said Property by general warranty deed, subject only to
178
(1) Zoning;
179
(2) Setback requirements and general utility, sewer, and drainage easements of record on the Binding
180
Agreement Date upon which the improvements do not encroach;
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(3) Subdivision and/or condominium declarations, covenants, restrictions, and easements of record on the
182
Binding Agreement Date; and
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(4) Leases and other encumbrances specified in this Agreement.
184
If title examination, closing or loan survey pursuant to Tenn. Code Ann. § 62-18-126, boundary line survey, or other
185
information discloses material defects, Buyer may, at Buyer's discretion:
186
(1) accept the Property with the defects OR
187
(2) require Seller to remedy such defects prior to the Closing Date. Buyer shall provide Seller with written
188
notice of such defects via the Notification form or equivalent written notice. If defects are not remedied
189
prior to the Closing Date, Buyer may elect to extend the Closing Date by mutual written agreement
190
evidenced by the Closing Date/Possession Amendment form or other written equivalent. If defects are not
191
remedied by the Closing Date or any mutually agreed upon extension thereof, this Agreement shall
192
terminate, and Buyer shall be entitled to a refund of Earnest Money.
193
Good and marketable title as used herein shall mean title which a title insurance company licensed to do business in
194
Tennessee will insure at its regular rates, subject only to standard exceptions. The title search or abstract used for
195
the purpose of evidencing good and marketable title must be acceptable to the title insurance agent and the issuing
196
title insurance company. Seller agrees to execute such appropriate affidavits and instruments as may be required by
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the issuing title insurance company.
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®
Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 4 of 9
Version 1/01/2013
B. Deed. Deed to be made in the name of _____________________________________________________________.
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The manner in which Buyer takes title determines ownership and survivorship rights. It is the Buyer’s responsibility
200
to consult the closing agency or attorney prior to Closing.
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6.
Inspections and other requirements made a part of this Agreement.
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ALL INSPECTIONS ARE TO BE MADE AT BUYER’S EXPENSE. Buyer, its inspectors and/or representatives
203
shall have the right and responsibility to enter the Property during normal business hours for the purpose of making
204
inspections and/or tests.
Buyer agrees to indemnify Seller for the acts of themselves, their inspectors and/or
205
representatives in exercising their rights under this paragraph. Buyer's obligations to indemnify Seller shall also survive
206
the termination of this Agreement by either party, which shall remain enforceable. Buyer shall make such inspections as
207
indicated in this paragraph and either accept the Property in its present condition by written notice to Seller or terminate
208
the Agreement as provided for in each section marked below.
209
[Select any or all of the following stipulations. Unselected items are not a part of this Agreement.]
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A. Feasibility Study. Buyer shall have the right to review all aspects of the Property, including but not limited to,
211
all governmental, zoning, soil and utility service matters related thereto. If Buyer provides a copy of the review
212
reports along with written notification to Seller and/or Seller’s Broker within ________ days after Binding
213
Agreement Date that Buyer is not satisfied with the results of such review, then this Agreement shall automatically
214
terminate and Broker shall promptly refund the Earnest Money to Buyer. If Buyer fails to provide report and notice,
215
then this contingency shall be deemed to have been waived by Buyer. Seller acknowledges and agrees that Buyer
216
and/or his agents and employees may have free access during normal business hours to visit the Property for the
217
purpose of (1) inspection thereof and (2) conducting such soil and other tests thereon as are deemed reasonably
218
necessary by Buyer. Buyer hereby agrees to indemnify and hold Seller, Broker, and Broker’s Affiliated Licensees
219
harmless from and against any and all loss, injury, cost, or expense associated with Buyer’s inspection of and entry
220
upon Property.
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B. Building Permit. This Agreement is contingent upon Buyer’s ability to acquire all required licenses and
222
permits from the appropriate governmental authority to make specific improvements on the Property. If Buyer
223
provides a copy of the governmental report along with written notification to Seller and/or Seller’s Broker within
224
_______ days after the Binding Agreement Date that Buyer is unable to acquire all required licenses and permits
225
from the appropriate governmental authority to make specific improvements on the Property, then in such event this
226
Agreement shall automatically terminate and Holder shall promptly refund the Earnest Money to Buyer. If Buyer
227
fails to provide said report and notice, then this contingency shall be deemed to have been waived by Buyer.
228
C. Permit for Sanitary Septic Disposal System. This Agreement is contingent upon the Buyer’s ability to obtain
229
a permit for a sanitary septic disposal system from the respective Tennessee Ground Water Protection Office for the
230
county in which the Property is located (generally, located at the local Health Department) to be placed on the
231
Property in a location consistent with Buyer’s planned improvements. If Buyer is unable to meet this condition,
232
Buyer must notify Seller and/or Seller’s Broker in writing within _________ days after the Binding Agreement Date
233
along with documentation reflecting denial of permit from the appropriate governmental entity. With proper notice,
234
the Agreement is voidable by Buyer and Earnest Money refunded. If Buyer fails to provide said notice, this
235
contingency shall be deemed to have been waived by Buyer.
236
D. Rezoning. This Agreement is contingent upon the Property being rezoned to ___________________________
237
by the appropriate governmental authorities on or before __________________________. The (Buyer or Seller)
238
___________________________ shall be responsible for pursuing such rezoning, and paying all associated cost.
239
All rezoning applications shall be submitted to Seller for Seller’s approval prior to filing, which approval shall not
240
be unreasonably withheld. All parties agree to cooperate, to sign the necessary documentation and to support the
241
rezoning application. If Buyer provides documentation and written notification to Seller and/or Seller’s Broker
242
within 48 hours after the above date that the Property cannot be so zoned, then in such event this Agreement shall
243
automatically terminate, and Holder shall promptly refund the Earnest Money to Buyer. If Buyer fails to provide
244
said documentation and notice, then this contingency shall be deemed to have been waived by Buyer.
245
E. Well Test.
This Agreement is contingent upon the well water serving the Property passing testing for
246
suitability for drinking as performed by a testing laboratory selected by Buyer, or required by Buyer’s Lender
247
prior to Closing. Buyer shall be responsible for ordering, supervising and paying for any such well water sample
248
test. This Agreement shall also be contingent upon said well providing an adequate quantity of water to serve
249
Buyer’s intended purpose for the Property. If Buyer provides a copy of said test along with written notification to
250
Seller and/or Seller’s Broker within ______ days after the Binding Agreement Date that test results are
251
unacceptable, then in such event this Agreement shall automatically terminate, and Holder shall promptly refund the
252
Earnest Money to Buyer. If Buyer fails to provide said notice and report, then this contingency shall be deemed to
253
have been waived by Buyer.
254
F. Other Inspections.
See Special Stipulations for additional inspections required by Buyer.
255
®
Copyright 2013 © Tennessee Association of Realtors
F10 – Lot/Land Purchase and Sale Agreement, Page 5 of 9
Version 1/01/2013

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