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Fillable Printable Louisiana Residential Agreement to Buy Or Sell

Fillable Printable Louisiana Residential Agreement to Buy Or Sell

Louisiana Residential Agreement to Buy Or Sell

Louisiana Residential Agreement to Buy Or Sell

LOUISIANA RE SIDENTIAL AGREEMENT T O BUY OR SELL 1
2
Date: ___ ___ ___ __ ___ ___ ____ ___ ___ _____ _ 3
4
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
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
29
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
33
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
37
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
43
OCCUPANCY: Occupancy/possession and transfer of keys is to be granted at Act of Sale unless mutually agreed 44
upon in writing. 45
46
CONTINGENCY FOR SALE OF BUYER’S OTHER PROPERTY: 47
This sale is contingent on the sale of other property by the BUYER and the attached contingency clause 48
addendum shall apply. 49
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
52
ALL CASH SALE: BUYER warrants he has cash readily available to close the sale of this Property. 53
54
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
Fixed Rate Mortgage
FHA Insured Mortgage 61
Adjustable Rate Mortgage
Ow ner Financing 62
Rural Development
Bond Financing 63
VA Guaranteed Mortgage
Other _____________________________________ 64
65
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
68
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
72
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) BUYERS 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
89
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
99
APPRAISAL:
This sale is NOT conditioned on appraisal.
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
will /
will not be purchased at the closing of 202
sale at a cost not to exceed $_______________________ to be paid by
BUYER /
SELLER /
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
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
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
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 _____ _____
ABS Rev. 06/01/13
__________________________________________________________________________________________
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/TimH377
___________________________________________ __________________________________________ 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
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