Fillable Printable Louisiana Residential Agreement to Buy Or Sell

Louisiana Residential Agreement to Buy Or Sell

LOUISIANA RE SIDENTIAL AGREEMENT T O BUY OR SELL 1

Date: ___ ___ ___ __ ___ ___ ____ ___ ___ _____ _ 3

PROPERTY DESCRIPTION: I/We offer and agree to Buy/Sell the property at: 5

(Municipal Address) __________________________________________________________________________ 6

City ______________________________; Zip _______________; Parish ______________________; Louisiana, 7

(Legal Description)___________________________________________________________________________ 8

on lands and grounds measuring approximately ____________________________________________________ 9

or as per record title; including all buildings, structures, component parts, and all installed, built-in, permanently 10

attached improvements, together with all fences, security systems, all installed speakers or installed sound 11

systems, all landscaping, all outside TV antennas, all satellite dishes, all installed and/or built-in appliances, all 12

ceiling fans, all air conditioning or heating systems including window units, all bathroom mirrors, all window 13

coverings, blinds and associated hardware, all shutters, all flooring, all carpeting, all cabinet tops, all cabinet 14

knobs or handles, all doors, all door knobs or handles, all windows, all roofing, all electrical systems, and all 15

installed lighting fixtures, chandeliers and associated hardware, other constructions permanently attached to the 16

ground. If owned by the SELLER prior to date of this Agreement, standing timber, unharvested crops and 17

ungathered fruits of trees on the property shall be conveyed to the BUYER. The following movable items here 18

remain with the property, but are not to be considered as part of the Sale Price and have no value: __________ 19

__________________________________________________________________________________________20

__________________________________________________________________________________________21

__________________________________________________________________________________________. 22

All item s lis ted herein ar e inc luded i n the proper t y sol d no m atter how the y are at tached or installe d, pro vi ded that 23

any or all of these items are in place at the time of signing of this Agreement to Buy or Sell (the 24

“Agreement”),unless otherwise stated herein. (All of the above contained in lines 5 through 22 are collectively 25

referred to herein as the “Property.”) The following items are excluded from the Property sold: 26

__________________________________________________________________________________________ 27

__________________________________________________________________________________________. 28

BUYER’S Initials _____ _____ Page 1 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________

Listing Firm

__________________________________________

Selling Firm

__________________________________________

Seller’s Designated Agent

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Dua l Age nt

__________________________________________

Buyer’s Designated Agent

__________________________________________

Phone Number Office Fax

__________________________________________

Phone Number Office Fax

__________________________________________

Email Address

__________________________________________

Email Address

___________________________________________________________________________________________________

Delivered by Designated Agent to Day Date Time AM/PM

___________________________________________________________________________________________________

Comments

___________________________________________________________________________________________________

Received by Designated Agent Day Date Time AM/PM

__________________________________________________________________________________________

Property address, street, city, state, zip Date

MINERAL RIGHTS: If SELLER transfers any mineral rights, they are to be transferred without warranty. 30

________% mineral rights owned by SELLER are to be reserved by SELLER and the SELLER shall waive any 31

right to use the surface for any such reserved mineral activity or use. 32

PRICE: T he Property will be sold and purchased subj ect to title and zoning restrictions, servitudes of record, and 34

law or ordinances affecting the Property for the sum of ______________________________________________ 35

________________________________________________Dollars ($___________________) (the “Sale Price”). 36

ACT OF SALE: The Act of Sale is to be executed before a settlement agent or Notary Public to be chosen by 38

BUYER, on _________________________, 20_____, or before if mutually agree d upon. Any change of the date 39

for execution of the Act of Sale must be mutually agreed upon in writing and signed by SELLER and BUYER. At 40

closing, BUYER must provide "good funds" if required by Louisiana statute LA R.S. 22:2092.2 et seq. Security 41

deposits are to be transferred to BUYER at Act of Sale. 42

OCCUPANCY: Occupancy/possession and transfer of keys is to be granted at Act of Sale unless mutually agreed 44

upon in writing. 45

CONTINGENCY FOR SALE OF BUYER’S OTHER PROPERTY: 47

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This sale is contingent on the sale of other property by the BUYER and the attached contingency clause 48

addendum shall apply. 49

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This sale is not contingent upon the sale of other property by the BUYER nor is the loan needed by the 50

BUYER to obtain the Sale Price contingent on the BUYER’S sale of any property. 51

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ALL CASH SALE: BUYER warrants he has cash readily available to close the sale of this Property. 53

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FINANCED S ALE: This sale is conditioned upon the ability of BUYER to borrow with this Property as security 55

for the loan the sum of $__________________________________________________ or _____% of the Sale 56

Price by a mortgage loan or loans at an initial interest rate not to exceed _____% per annum, interest and 57

principal, amortized over a period of not less than _____ years, payable in monthly installments or on any other 58

terms as may be acceptable to BUYER provided that these terms do not increase the cost, fees or expenses to 59

SELLER. The loan shall be secured by: 60

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Fixed Rate Mortgage

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FHA Insured Mortgage 61

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Adjustable Rate Mortgage

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Ow ner Financing 62

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Rural Development

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Bond Financing 63

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VA Guaranteed Mortgage

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Other _____________________________________ 64

Fees pa id by S ELLER tha t ar e r eq uired by lender, if an y, sh all not exc eed $____ _______ _____ ______ _. BU YER 66

agrees to pay discount points not to exceed _____% of the loan amount. 67

Other financing conditions: ____________________________________________________________________ 69

__________________________________________________________________________________________ 70

__________________________________________________________________________________________. 71

BUYER’S Initials _____ _____ Page 2 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, city, state, zip Date

BUYER shall make written application for a loan, with a Lender, matching the terms provided for in Lines 55-71 73

above, no later than _____ calendar days after the Date of Acceptance of this offer by both parties (“Loan 74

Application Period”). If BUYER fails to make written application within this period of time, the SELLER may, at 75

SELLER’S option, terminate this Agreement by giving BUYER written notice of their intent to terminate. BUYER 76

agrees to pr ov ide S ELL ER with a wr itte n V er if icati on of Loan App l icati on f r om the Lend er , whic h mus t s tipulat e, at 77

a minimum, the following: (1) a formal loan application has been completed by the BUYER and received and 78

reviewed by the Lender; (2) BUYER’S credit report has been received and reviewed by the Lender; (3) Lender 79

has r eceive d from BU YER all i nitia l docum entatio n of BU YER ’S inc om e and ass ets , as req uested b y Lender; and 80

(4) Lender has received and reviewed the appraisal of the property. In the event BUYER does not provide 81

SELLE R w ith a writt en Ver i f ic ation of Loa n Ap pl icati on fr om the L end er wit hi n ___ __ c a lendar days after th e Loan 82

Application Period, the SELLER may, at SELLER'S option, terminate this Agreement by giving BUYER written 83

notice of their intent to terminate if the written Verification of Loan cannot be provided within _____ additional 84

calendar days. In the event BUYER is not able to secure financing, SELLER reserves the right to provide all or 85

part of mortgage loan(s) under the terms set forth above. The BUYER acknowledges and warrants that he has 86

available the funds which may be required to complete the sale of the Property including, but not limited to, the 87

deposit, the down payment, closing costs, pre-paid items, and other expenses. 88

PRORATIONS/OTHER COSTS: Real estate taxes, flood insurance premium if assumed, rents, condominium 90

dues, assessments, and/or other dues owed to homeowners associations and the like for the current year are to 91

be prorated through the date of the Act of Sale. Act of Sale costs, abstracting costs, title search, title insurance 92

and other costs required to obtain financing, shall be paid by BUYER, unless otherwise stated herein. All 93

neces sar y tax , m ortgage, conv eyance, r elease c ertific ates or canc ellations and S ELLER clos ing f ees, if an y, shall 94

be paid by SELLER. Seller shall pay all previous years’ taxes, assessments, condominium dues, and/or dues 95

owed to hom eowners as sociati ons and t he lik e. All spec ial asses sm ents bear ing agains t the Proper t y pri or to Act 96

of Sale, other than th ose to be assumed b y wri tten agr eem ent, as of the dat e of the Ac t of S ale, are to be paid b y 97

Seller. 98

APPRAISAL:

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This sale is NOT conditioned on appraisal.

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This sale IS conditioned on the appraisal of the 100

Property being not less than the Sale Price. If the appraised value of the Property is equal to or greater than the 101

Sale Price, the BUYER shall pay the Sale Price agreed upon prior to the appraisal. If the appraised value is less 102

than the Sale Price, BUYER shall immediately provide written notification to SELLER of appraised value and 103

BUYER’S request for SELLER to reduce the Sale Price. Within _________________________ (______) calendar 104

days after SELLER’S receipt of such written notification of the appraised value, BUYER shall have the option to 105

pay the Sale Price agreed upon prior to the appraisal or to void this Agreement unless SELLER agrees in writing 106

to reduce the Sale Price to the appraised value or all parties agree to a new Sale Price. 107

108

DEPOSIT: Upon acceptance of this offer, or any attached counter offer, SELLER and BUYER shall be bound by 109

all ter ms and c ond itions of t his A greement, an d BU YE R or BU YER ’ S agen t will d eli ver im mediatel y upon no tic e of 110

acceptance of the offer a deposit (the “Deposit”) in the amount of $___________________________ or _____% 111

of the Sale Price to be paid in the form of: 112

□ _ Cash $ _________________________________ □ Promissory Note $____________________________ 113

□ Check $__________________________________ 114

The Deposit shall be held by __________________________________________________________________. 115

BUYER’S Initials _____ _____ Page 3 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, ci ty, state, zip Date

116

Failur e to de liver th e Depo sit shal l be c onsider ed a d ef ault of this Agreem ent. If the De posit is held by a Br ok er, it 117

must be hel d in acc ord anc e with th e r ul es of the Lou isi ana Real Estat e C om mission in a f ederal l y insur e d banking 118

or savings and loan institution without responsibility on the part of the Broker in the case of failure or suspension 119

of such institut ion. In the event th e part ies f ail to ex ecu te an Act of Sale b y d ate s pecified h erein, and/or a d is pute 120

arises as to ownership of, or entitlement to, the Deposit or funds held in escrow, the Broker shall abide by the 121

Rules and Regulations set forth by the Louisiana Real Estate Commission. 122

123

RETURN OF DEPOSIT: The Deposit shall be returned to the BUYER and this Agreement declared null and void 124

without demand in consequence of the following events: 125

126

1) If this Agreement is declared null and void by BUYER during the inspection and due diligence period as set 127

forth in lines 174 through 191 of this Agreement; 128

129

2) If this Agreement is subject to BUYER’S ability to obtain a loan and the loan cannot be obtained, except as 130

stated in lines 85 through 86 of this Agreement but only if the BUYER has made timely application for the loan 131

and made good faith efforts to obtain the loan; 132

133

3) If the BUYER conditions the Sale Price on an appraisal and the appraisal is less than the Sale Price and the 134

SELLER will not reduce the Sale Price as set forth in lines 100 through 107 of this Agreement; 135

136

4) If the BUYER t im ely term inates the Agreem ent after hav ing rec eived t he leas es or as sessm ents , as set forth in 137

lines 143 through 147 of this Agreement; 138

139

5) If the SELLER is unable to timely deliver to the BUYER an approved sewerage and/or water inspection report 140

as set forth in lines 193 through 200. 141

142

LEASES/SPECIAL ASSESSMENTS: The sale is conditioned upon BUYER'S receipt of a copy of all written 143

leases, excluding mineral leases, and unpaid special assessments from SELLER within five (5) calendar days of 144

acc eptanc e of the Agre ement. S pecia l as ses s ment s s hall m ean an ass es sment le vied on Prop er t y to p a y the c ost 145

of local im provements. BUYER will have five (5) calendar d ays after receipt of the aforem entioned docum ents to 146

notif y SELL ER whet her the y are acc epta bl e to BUYER . 147

148

NEW HOME CONSTRUCTION: If the property to be sold is completed new construction, under construction, or to 149

be constructed, check one: 150

□ A new home construction addendum, with additional terms and conditions, is attached. 151

□ There is no new home construction addendum. 152

153

INSPECTION AND DUE DILIGENCE PERIOD: BUYER ACKNOWLEDGES THAT THE SALE PRICE OF THE 154

PROPERTY WAS NEGOTIATED BASED UPON THE PROPERTY'S APPARENT CURRENT CONDITION; 155

ACCORDINGLY, SELLER IS NOT OBLIGATED TO MAKE REPAIRS TO THE PROPERTY, INCLUDING 156

REPAIRS REQUIRED BY THE LENDER UNLESS OTHERWISE STATED HEREIN. THE SELLER IS 157

RESPONSIBLE FOR MAINTAINING THE PROPERTY IN SUBSTANTIALLY THE SAME OR BETTER 158

CONDITION AS IT WAS WHEN THE AGREEMENT WAS FULLY EXECUTED. 159

BUYER’S Initials _____ _____ Page 4 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, city, state, zip Date

160

BUYER shall have an inspection and due diligence period of (_____) calendar days, commencing the first day 161

af ter acc eptance of this Agreement where in, BU YER m ay, at BU YER’S ex pense , have an y inspec tions m ade b y 162

experts or others of his choosing. Such physical inspections may include, but are not limited to, inspections for 163

termites and oth er w ood de st ro ying ins ec ts , and/ or damage from s am e, m olds, and fungi ha zards , a nd a nal ysis of 164

synth etic stucco, drywall, appliances, structures, foundations, roof , heating, cooling, electrical, plumbing systems, 165

utilit y and sew er availab ilit y and conditi on, out-build ing s, and squar e footag e. Oth er due dili gence b y BU YER m a y 166

include, but is not limited to investigation into the property’s school district, flood zone classifications, current 167

zoning and/or subdivision restrictive covenants and any items addressed in the SELLER’S Property Disclosure 168

Document. All testing shall be nondestructive testing. SELLER agrees to provide the utilities for inspections and 169

immediate access. If BUYER is not satisfied with the condition of the Property or the results of BUYER’s due 170

diligence investigation, the BUYER may choose one of the following options within the inspection and due 171

diligence period: 172

173

Option 1: BUYER may elect, in writing, to term inate the Agreement and declare the Agreement null and void; or 174

Option 2: BUYER may indicate in writing the deficiencies and desired remedies and SELLER will within seventy 175

two (72) hours respond in writing as to SELLER’s willingness to remedy those deficiencies (“SELLER’s 176

Response”). 177

178

Should SELLER in the SELLER’S Response refuse to remedy any or all of the deficiencies listed by the 179

BUYER, then BUYER shall have seventy-two (72) hours from the date of SELLER's Response or seventy-two 180

(72) hours from the date that SELLER's Response was due, whichever is earlier, to: (a) accept SELLER'S 181

Response to BUYER’S written requests or (b) accept the Property in its current condition, or (c) to elect to 182

terminate this Agreement. BUYER’S response shall be in writing. Upon BUYER'S failure to respond to the 183

SELLER’s Response by the time specified or BUYER’S electing, in writing, to terminate this Agreement, the 184

Agreement shall be automatically, with no further action required by either party, ipso facto null and void except 185

for return of Deposit to the BUYER. 186

187

FAILURE TO GIVE WRITTEN NOTICE OF EITHER TERMINATION OR DEFICIENCIES AND DESIRED 188

REM ED I ES TO SE LLER (OR SELL ER’S D E SIG NATED AG ENT) A S SET F O R TH IN LI N ES 16 1 TH RO U G H 17 7 189

WITHIN THE INSPECTION AND DUE DILIGENCE PERIOD SHALL BE DEEMED AS ACCEPTANCE BY 190

BUYER OF THE PROPERTY'S CURRENT CONDITION. 191

192

PRI VATE WATER/S EWERAGE : In t he ev en t t here is a p riv ate wat er system or privat e sew erag e s yste m on 193

the Property, the SELLER shall provide, at SELLER’s expense, approval of the private water or sewerage 194

system operation, in accordance with the appropriate governmental entity or duly licensed private entity. 195

An appro ved sewerage and/or water inspection report will be issued within thirty (30) days pri or to the Act 196

of Sale by the appropriate governmental agency or duly licensed private entity. The approved inspection 197

and test on the water and/or sewerage system are to be furnished and paid for by the SELLER. Any 198

private water system or private sewerage system repairs necessary to obtain approved inspection 199

certificate will be paid by SELLER. 200

201

HOME SERVICE/WARRANTY: A home service/warranty plan

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will /

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will not be purchased at the closing of 202

sale at a cost not to exceed $_______________________ to be paid by

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BUYER /

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SELLER /

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neither and 203

ordered by _____ ___ ___ _ ____ ___ ___ __ ___ ______ _ ____ ___ ___ _____ ___ ___ _ ____ ______ __ ___ ___ ___ ____. 204

BUYER’S Initials _____ _____ Page 5 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, city, state, zip Date

205

It is understood that Agent/Broker may receive compensation from the home warranty company for actual 206

ser vic es perf orm ed. The ho m e service war rant y p lan d oes not warrant pr e-ex istin g defec ts and o ptions, an d does 207

not supersede or replace any other inspection clause or responsibilities. If neither BUYER nor SELLER accepts 208

the home service warranty plan, they declare that they have been made aware of the existence of such a plan, 209

and further declare that they hold the Broker and Agents harmless from any responsibility or liability due to their 210

rejection of such a plan. 211

WARRANTY OR AS IS CLAUSE WITH WAIVER OF RIGHT OF REDHIBI TION

: (CHECK ONE ONLY) 212

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A. SALE WITH WARRANTIES: SELLER and BUYER acknowledge that this sale shall be with full SELLER 213

warranties as to an y claims or causes of action including but not limited to redhibition pursuant to Louisiana Civil 214

Code Article 2520, et seq. and Articl e 2541, et seq. 215

216

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B. SALE “AS IS” WITHOUT WARRANTIES: SELLER and BUYER hereby acknowledge and recognize that the 217

Property b ei ng s o ld a nd pu rc has ed is to be trans f er red in “as is ” c on dit io n an d f ur ther BU YE R d oes her e b y w ai ve, 218

relieve and release SELLER from any claims or causes of action for redhibition pursuant to Louisiana Civil Code 219

Article 2520, et seq. and Article 254 1, et seq. or for reduction of Sale Price pursuant to Louisiana Civil Code 220

Article 2541, et seq. Additionally, BUYER acknowledges that this sale is made without warranty of fitness for 221

ordinary or particular use pursuant to Louisiana Civil Code Article 2524. SELLER and BUYER agree that this 222

clause shall be made a part of the Act of Sale. 223

224

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C. NEW HOME WARRANTIES. Notwithstanding lines 213 through 223 and irrespective of whether A or B 225

above is check ed, if the Propert y is a new cons tructi on, the part ies agr ee that n either A or B will appl y but ins tead 226

the provisions of the New Home Warranty Act (LA R.S. 9:3141 et seq.) shall apply. The warranty of condition of 227

this Propert y is governed b y the Ne w Hom e Warranty Act if a home on the Property is a “hom e” as defined in the 228

New Home Warranty Act. 229

230

MERCHA NTABLE TITLE/CURATIVE WORK: SELLER shall deliver to BUYER a merchantable title at SELLER’s 231

costs (see lines 235 through 237). In the event curative work in connection with the title to the Property is required 232

or is a requirement for obtaining the loan(s) upon which this Agreement is conditioned, the parties agree to and do 233

extend the date for passing the Act of Sale to a date not more than _____________________________ (_____) 234

calendar da ys f rom the date of the Act of Sale stated herein. SELLER’s title shall be m erchantable and free of all 235

liens and enc umbr anc es ex c ept thos e that c a n b e s atis f ied at Ac t of Sal e. A ll cos ts and f ees r equ ired to make title 236

merchantable shall be paid by SELLER. SELLER shall make good faith efforts to deliver merchantable title. 237

SELLER’s inability to deliver merchantable title within the time stipulated herein shall render this Agreement null 238

and voi d, r eser ving unt o B UYER the r ig ht to demand the r etur n of the Depos i t an d to r ecover fr om SELLER actual 239

costs incurred in processing of sale as well as legal fees incurred by BUYE R . 240

241

FINAL WALK THROUGH: BUYER shall have the right to re-inspect the Property within five (5) days prior to the 242

Act of Sale, or occupancy, whichever will occur first in order to determine if the Property is in the same or better 243

condit io n as it was at the i ni tia l insp ec tio n(s ) and to i ns ur e all agr e ed u pon re pair s hav e be en c ompleted. SE L LER 244

agrees to provide utilities for the final walk through and immediate access to the Property. 245

246

DEFAULT OF AGREEMENT BY SELLER: In the event of any other default of this Agreement by SELLER except 247

as set forth in lines 124 through 141 or lines 237 through 240, BUYER shall at BUYER’S option have the right to 248

declare this Agreement null and void with no further demand, or to demand and/or sue for any of the following: 249

BUYER’S Initials _____ _____ Page 6 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, city, state, zip Date

250

1) Termination of this Agreement; 2) Specific performance; 3) Termination of this Agreement and an amount 251

equal to 10% of the Sale Price as stipulated damages. 252

253

Further, BUYER shall be entitled to the return of the Deposit. The prevailing party to any litigation brought to 254

enforce any provision of this Agreement shall be awarded their attorney fees and costs. The SELLER may also be 255

liable for Broker fees. 256

257

DEFAULT OF AGREEMENT BY BUYER: In the event of any other default of this Agreement by BUYER except 258

as set forth in lines 117 through 141, SELLER shall have at SELLER’s option the right to declare this Agreement 259

null and void with no further demand, or to demand and sue for any of the following: 1) Termination of this 260

Agreement; 2) Specific performance; 3) Termination of this Agreement and an amount equal to 10% of the Sale 261

Price as stipulated damages. 262

263

Further, SELLER shall be entitled to retain the Deposit. The prevailing party to any litigation brought to enforce 264

any provision of this Agreement shall be awarded their attorney fees and costs. The BUYER may also be liable 265

for Broker fees. 266

267

MOLD RELATED HAZARDS NOTICE: An informational pamphlet regarding common mold related hazards that 268

can affect real property is available at the EPA website http://www.epa.gov/iaq/molds/index.html. By initialing 269

this page of the Agreement, BUYER acknowledges that the real estate agent has provided BUYER with the EPA 270

website enabling BUYER to obtain information regarding common mold related haz ards. 271

272

OFFENDER NOTIFICATION: The Louisiana State Police maintains the State Sex Offender and Child Predator 273

Registry throug h the Louis iana Bureau of Cr im inal Ide ntificati on an d Infor m ation. It is a pub lic acc ess d atab ase of 274

the locations of individuals who are required to register pursuant to LA R.S. 15:540, et seq. The website for the 275

database is http://www.lsp.org/socpr/default.html. Sheriff and police departments serving jurisdictions of 276

450,000 also maintain such information. Inquiries can be made by phone at 1-800-858-0551 or 1-225-925-6100. 277

Send written inquiries to Post Office Box 66614, Box A-6, Baton Rouge, Louisiana 70896. 278

279

CHOICE OF LAW: This Agreement shall be governed by and shall be interpreted in accordance with the laws of 280

the State of Louisiana. 281

282

DEADLINES: TIME IS OF THE ESSENCE and all deadlines are final, except where modifications, changes, or 283

extensions are made in writing and signed by all parties to this Agreement. All “calendar days” as used in this 284

Agreement shall end at 11:59 p.m. in Louisiana. 285

286

ADDITIONAL TERMS AND CONDITIONS: 287

__________________________________________________________________________________________288

__________________________________________________________________________________________289

__________________________________________________________________________________________290

__________________________________________________________________________________________ 291

__________________________________________________________________________________________ 292

__________________________________________________________________________________________ 293

__________________________________________________________________________________________ 294

__________________________________________________________________________________________. 295

BUYER’S Initials _____ _____ Page 7 of 9 SELLER’S Initials _____ _____

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__________________________________________________________________________________________

Property address, street, city, state, zip Date

296

ROLES OF BROKERS AND DESIGNATED AGENTS: Broker(s) and Designated Agent(s) have acted only as 297

real estate brokers to bring the parties together and make no warranty to either party for performance or non 298

performance of any part of this Agreement or for any warranty of any nature unless specifically set forth in writing. 299

Broker(s) and Designated Agent(s) make no warranty or other assurances whatsoever concerning Property 300

measurements, square footage, room dimensions, lot size, Property lines or boundaries. Broker(s) and 301

Designated Agent(s) make no representations as to suitability or to a particular use of the Property, and BUYER 302

has or will independently investigate all conditions and characteristics of the Property which are important to 303

BUYER. BUYER is not relying on the Broker or the Designated Agent(s) to choose a representative to inspect or 304

re-inspect the Propert y; BUYER understands any representative desired by BUYER may perform this f unction. In 305

the event Broker/Agent(s) provides names or sources for such advice or assistance, Broker/Agent(s) does not 306

warrant the services of such experts or their products and cannot warrant the condition of Property or interest to 307

be acquired, or guarantee that all defects are disclosed by SELLER(s). Broker/Agent(s) do not investigate the 308

status of permits, zoning, code compliance, restrictive covenants, or insurability. The Broker(s) and Designated 309

Agent(s) specifically make no warranty whatsoever as to whether or not the Property is situated in or out of the 310

Government’s hundred year flood plan or is or would be classified as wetlands by the U.S. Army Corps of 311

Engineers, or as to the presence of wood destroying insects or damage there from. BUYER(s) are to satisfy 312

themselves concerning these issues. Designated Agent shall be an independent contractor for Broker if the 313

conditions as set forth in LA R.S. 37:1446(h) are met. 314

315

LIST ADDENDA TO BE ATTACHED AND MADE A PART OF THIS AGREEMENT: 316

□ Contingency for Sale of Buyer’s Other Property Addendum □ ___________________________________ 317

□ Condominium Addendum □ ___________________________________ 318

□ FHA Amendatory Clause □ ___________________________________ 319

□ New Construction Addendum □ ___________________________________ 320

321

If any of the pre-printed por tions of this Agreement vary or are in conf lict with an y additiona l or m odif ied term s on 322

blanks provided in this form or Addendum attached to this Agreement, the additional, modified or Addendum 323

provisions control. 324

325

SINGULAR – PLURAL USE: Wherever the word BUYER or the word SELLER occurs in this Agreement or is 326

referred to, the same shall be construed as singular or plural, masculine or feminine or neuter, as the case may 327

be. 328

329

ACCEPTANCE: Acceptance of this Agreement must be in writing. Notice of this acceptance may be 330

communicated by facsimile transmission or electronic signature. The original of this document shall be delivered 331

to the listing Broker’s firm. This Agreement and any supplement addendum or modification relating hereto, 332

including any photocopy, facsimile or electronic transmission thereof, may be executed in two or more 333

counterparts, all of which shall constitute one and the same Agreement. 334

335

NOT ICES AND OT HER COMM UNICAT IONS: All noti ces, r equests, claim s, dem ands, and ot her c omm unications 336

related to this Agreement shall be in writing. Notices permitted or required to be given (excluding service of 337

process) shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt 338

reques ted; (b) private c ouri er ser vic e; or (c ) facs im ile address ed to the r espect ive addres ses of the parti es as f irst 339

above written or at such other addresses as the respective parties may designate by like notice from time to time. 340

BUYER’S Initials _____ _____ Page 8 of 9 SELLER’S Initials _____ _____

ABS Rev. 06/01/13

__________________________________________________________________________________________

Property address, street, city, state, zip Date

341

� BUYER further authorizes notices and other communications to be delivered electronically to the following 342

address(es): ________________________________________________________________________________ 343

344

� SELLER further authorizes notices and other communications to be delivered electronically to the following 345

address(es): ________________________________________________________________________________ 346

347

CONTRACT: This is a legally binding contract when signed by both SELLER and BUYER. READ IT 348

CAREFULLY. If you do not understand the effect of any part of this Agreement seek legal advice before signing 349

this contract or attempting to enforce any obligation or remedy provided herein. 350

351

ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties, and any other 352

agreements not incorp orated here in in writi ng are voi d and of no f orc e and eff ec t. 353

EXPIRATION OF OFFER

: 354

This offer is binding and irrevocable until ___________________________________ AM/PM/MIDNIGHT/NOON. 355

356

X__________________________________________ X_________________________________________ 357

� Buyer’s / � Seller’s Si gnature Date/Time � Buyer’s / � Seller’s Signature Date/TimH358

___________________________________________ __________________________________________ 359

Print Buyer’s/Sel l er’s Full Name (First, Middle, Last) Print Buyer’s/S el l er’s Full Name (F i rst , Middle, Last ) 360

___________________________________________ __________________________________________ 361

Street Address Street Address 362

___________________________________________ __________________________________________ 363

Ci ty , State, Zip Ci ty, Sta te, Zip 364

___________________________________________ __________________________________________ 365

Telephone Num ber. Cel l Telephone Number.Cel l 366

___________________________________________ __________________________________________ 367

Telephone Num ber. Hom e Telephone Number.W ork Telephone Num ber.Home Telephone Number.Work 368

___________________________________________ __________________________________________ 369

E-Mail Address E-Mai l Address 370

__________________________________________________________________________________________ 371

This of f er was present ed to the Sel l er/ Buyer by Day/ Date/ Tim e AM/PM MIDNIGHT/NOON 372

373

This offer is: � Accepted � Rejected (without counter) � Countered (See Attached Counter) by:374

375

X__________________________________________ X__________________________________________ 376

� Buyer’s / � Seller’s Si gnature Date/Time � Buyer’s / � Seller’s Signature Date/TimH377

___________________________________________ __________________________________________ 378

Print Buyer’s/Sel l er’s Full Name (First, Middle, Last) Print Buyer’s/Seller’s Full Na m e (First , Middle, Last ) 379

___________________________________________ __________________________________________ 380

St reet A ddress Street Address 381

___________________________________________ __________________________________________ 382

City, Sta te , Z ip City, State, Zip 383

___________________________________________ __________________________________________ 384

Telephone Num ber. Cel l Tel ephone Num ber. Cel l 385

___________________________________________ __________________________________________ 386

Telephone Num ber. Hom e Telephone Number.W ork Telephone Number.Home Telephone Number.W ork 387

___________________________________________ __________________________________________ 388

E-Mail Address E-M ail Address 389

__________________________________________________________________________________________ 390

This c ount er off er was presented to the Seller/Buyer by Day/ Date/ Time AM/PM MIDNIGHT/NOON 391

ABS Rev. 06/01/13 Page of 9