Page 25 - FNTA Sellers Guide_2020

Residential Resale Real Estate Purchase Contract >>
1g. 39. Fixtures and Personal Property: For purposes of this Contract, fixtures shall mean property attached/affixed to the Premises. 40. Seller agrees that all existing: fixtures on the Premises, personal property specified herein, and means to operate fixtures and
43. • 44. • 45. • 46. • 47. • 48. • 49. • 50.
ceiling fans and remote controls
central vacuum, hose, and attachments draperies and other window coverings fireplace equipment (affixed)
floor coverings (affixed)
free-standing range/oven
garage door openers and remote controls
trees and unpotted plants) • shutters and awnings
• speakers (flush-mounted) • storage sheds
(excluding TVs)
• water-misting systems
• window and door screens, sun shades
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41. property (i.e.- remote controls) shall convey in this sale. Including the following:
42. • built-in appliances
• light fixtures
• mailbox
• media antennas/satellite dishes (affixed) • outdoor fountains and lighting
• outdoor landscaping (i.e. – shrubbery,
• storm windows and doors
• stoves: gas-log, pellet, wood-burning
• timers (affixed)
• towel, curtain and drapery rods
• wall mounted TV brackets and hardware
51. If owned by Seller, the following items also are included in this sale:
52. • affixed alternate power systems serving 53. the Premises (i.e. – solar)
54.
• in-ground pool and spa/hot tub equipment and covers (including any mechanical or other cleaning systems)
• security and/or fire systems and/or alarms • water purification systems
• water softeners
55. Additional existing personal property included in this sale (if checked): 56. refrigerator (description):
57. washer (description):
58. dryer (description):
59. above-ground spa/hot tub including equipment, covers, and any mechanical or other cleaning systems (description): 60.
61. other personal property not otherwise addressed (description):
62. other personal property not otherwise addressed (description):
63. Additional existing personal property included shall not be considered part of the Premises and shall be transferred with no 64. monetary value, and free and clear of all liens or encumbrances.
65. Leased items shall NOT be included in this sale. Seller shall deliver notice of all leased items within three (3) days after Contract 66. acceptance. Buyer shall provide notice of any leased items disapproved within the Inspection Period or five (5) days after receipt of 67. the notice, whichever is later.
68. IF THIS IS AN ALL CASH SALE: Section 2 does not apply - go to Section 3. 2. FINANCING
2a. 69. Pre-Qualification: An AAR Pre-Qualification Form is attached hereto and incorporated herein by reference.
2b. 70. Loan Contingency: Buyer’s obligation to complete this sale is contingent upon Buyer obtaining loan approval without Prior to 71. Document (“PTD”) conditions no later than three (3) days prior to the COE Date for the loan described in the AAR Loan Status 72. Update (“LSU”) form or the AAR Pre-Qualification Form, whichever is delivered later. No later than three (3) days prior to the 73. COE Date, Buyer shall either: (i) sign all loan documents; or (ii) deliver to Seller or Escrow Company notice of loan
74. approval without PTD conditions AND date(s) of receipt of Closing Disclosure(s) from Lender; or (iii) deliver to Seller or 75. Escrow Company notice of inability to obtain loan approval without PTD conditions.
2c. 76. Unfulfilled Loan Contingency: This Contract shall be cancelled and Buyer shall be entitled to a return of the Earnest Money if 77. after diligent and good faith effort, Buyer is unable to obtain loan approval without PTD conditions and delivers notice of inability 78. to obtain loan approval no later than three (3) days prior to the COE Date. If Buyer fails to deliver such notice, Seller may issue a 79. cure notice to Buyer as required by Section 7a and, in the event of Buyer’s breach, Seller shall be entitled to the Earnest Money 80. pursuant to Section 7b. If, prior to expiration of any Cure Period, Buyer delivers notice of inability to obtain loan approval, Buyer 81. shall be entitled to a return of the Earnest Money. Buyer acknowledges that prepaid items paid separately from the Earnest Money 82. are not refundable.
2d. 83. Interest Rate / Necessary Funds: Buyer agrees that (i) the inability to obtain loan approval due to the failure to lock the interest 84. rate and “points” by separate written agreement with the lender; or (ii) the failure to have the down payment or other funds
85. due from Buyer necessary to obtain the loan approval without conditions and close this transaction is not an unfulfilled loan
86. contingency.
2e. 87. Loan Status Update: Buyer shall deliver to Seller the LSU, with at a minimum lines 1-40 completed, describing the current status 88. of the Buyer’s proposed loan within ten (10) days after Contract acceptance and instruct lender to provide an updated LSU to
89. Broker(s) and Seller upon request.
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Residential Resale Real Estate Purchase Contract • Updated: February 2017 Copyright © 2017 Arizona Association of REALTORS®. All rights reserved.
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