Fillable Printable Offer to Purchase and Sale Agreement - New Mexico

Offer to Purchase and Sale Agreement - New Mexico

OFFER AND PURCHASE AND SALE AGREEMENT

OFFER

This Offer is given by whose

address is (referred to in

this instrument, individually and collectively, as the "Buyer") to

whose address is

(referred to in this instrument, individually

and collectively, as the "Seller").

1. LEAD PAINT DISCLOSURE

THE BUYER ACKNOWLEDGES THAT BEFORE SUBMITTING THIS OFFER, HE, SHE,

THEY OR IT HAS RECEIVED FROM THE SELLER AND REVIEWED:

(a) A COPY OF THE EPA DOCUMENT ENTITLED "PROTECT YOUR FAMILY

FROM LEAD IN YOUR HOME" (EPA 747-K-99-001), OR AN EQUIVALENT LEAD

HAZARD INFORMATION PAMPHLET THAT HAS BEEN APPROVED FOR USE

IN NEW MEXICO BY THE EPA, AND

(b) A COPY OF THE LEAD WARNING STATEMENT, ATTACHED AS EXHIBIT A,

SIGNED BY THE SELLER.

Buyer Signature Buyer Signature

Date and Time Date and Time

If the Buyer has submitted this Offer before Buyer's receipt from the Seller of the documents

referred to in (a) and (b) above, completed and signed by the Seller, then, notwithstanding

anything to the contrary in this Offer and Agreement, the Seller shall not accept this Offer, and

any purported acceptance by Seller shall be invalid, and the Buyer must resubmit an Offer after

the Seller has provided the documents referred to in (a) and (b) above and has given the Buyer an

opportunity to review those documents.

2. ESTIMATED PROPERTY TAX DISCLOSURE

THE BUYER ACKNOWLEDGES THAT BEFORE SUBMITTING THIS OFFER, HE, SHE,

THEY OR IT (CHECK ONE OF THE TWO BOXES BELOW)

□ HAS RECEIVED A COPY OF THE COUNTY ASSESSOR’S ESTIMATE OF THE

AMOUNT OF PROPERTY TAX LEVY WITH RESPECT TO THE PREMISES

(DESCRIBED IN SECTION 6, BELOW), A COPY OF WHICH IS ATTACHED AS

EXHIBIT B, AND THAT THE COUNTY ASSESSOR’S ESTIMATE IS BASED

UPON THE LISTING PRICE OF THE PREMISES.

□ THAT THE COUNTY ASSESSOR’S ESTIMATE OF THE AMOUNT OF

PROPERTY TAX LEVY WITH RESPECT TO THE PREMISES IS NOT READILY

AVAILABLE AND WAIVES DISCLOSURE OF THE ESTIMATED AMOUNT OF

PROPERTY TAX LEVY.

Buyer Signature Buyer Signature

Date and Time Date and Time

Offer and Purchase and Sale Agreement

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If the Buyer has submitted this offer before (a) Buyer’s receipt of the County Assessor’s

Estimate of the Amount of Property Tax Levy with respect to the Premises, and (b) Buyer has

not acknowledged that the County Assessor’s Estimate of the Amount of Property Tax Levy is

not readily available and waived disclosure of that estimate, then, notwithstanding anything to

the contrary in this Offer and Agreement, the Seller shall not accept this Offer, and any purported

acceptance by Seller shall be invalid, and the Buyer must resubmit an Offer after receipt or

acknowledgement and waiver of an estimate.

3. OFFER

Buyer hereby offers to purchase from Seller the Premises, upon the terms and conditions set out

in the Purchase and Sale Agreement below.

4. ACCEPTANCE

Seller may accept this Offer by signing this Offer and Purchase and Sale Agreement and

returning one signed copy to Buyer on or before o'clock __.m.,

, 20___. If the Seller accepts this Offer, then it will become a legally binding agreement

for the purchase and sale of the Premises upon the following terms and conditions:

PURCHASE AND SALE AGREEMENT

5. BASIC AGREEMENT

Seller will sell and Buyer will purchase the Premises upon the terms and conditions set forth

below.

6. PREMISES

The term "Premises" refers to that real estate commonly known as and numbered

, , situated in _______________ County, New

Mexico. Exhibit C may contain a more specific description of the Premises.

The Premises includes any and all improvements to the subject real estate, including without

limitation (except as specifically excluded below) buildings on permanent foundations, fixtures,

walls and fencing, landscaping, stove, refrigerator, dishwasher, screens, storms doors and

windows and antennae. The Premises also includes any right, privilege or easement appurtenant

to the Premises, including without limitation any development rights, water and water rights, and

right-of-way and access.

7. EXCLUSIONS FROM SALE

Notwithstanding the foregoing, the following items will be excluded from the sale and purchase:

8. DEPOSIT

At the time this Offer and Purchase and Sale Agreement is signed by the Seller, the Buyer will

deposit the sum of Dollars (US $________) (the

"Deposit") with the title insurance company identified in Section 13 ("Title Company"). The

Offer and Purchase and Sale Agreement

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Deposit and any other funds paid to the Title Company prior to closing by the Buyer will be held

by the Title Company in escrow, subject to the terms and conditions of this Agreement. The

deposits shall be held in an interest bearing account. If the transaction contemplated herein

closes, the interest shall be paid to the Seller. If the transaction does not close, the interest shall

be paid to the party entitled to the Deposit. In the event of any disagreement between the parties,

the escrow agent may retain the Deposit and any other funds paid under this Agreement pending

instructions mutually given by the Seller and the Buyer.

9. PURCHASE PRICE AND PAYMENT

The Purchase Price ("Purchase Price") is

Dollars (US $ ) (including Deposit). The

Buyer will pay the Purchase Price as follows:

$ __________

will be paid to the Title Company as a Deposit coincidentally

with the execution of this Offer and Agreement

$ __________

will be paid at Closing in cash or by certified check

10. DEED AND TITLE POLICY

Subject to the conditions and conditions of this Agreement, upon full compliance by Buyer with

his, her, their or its obligations hereunder, Seller will sell and convey title to Premises to the

Buyer by delivery of statutory warranty deed at Closing. Seller also will cause the Title

Company to issue an owners title insurance policy to the Buyer at Closing, in an amount equal to

the Purchase Price. The statutory warranty deed and the owner's title insurance policy will be

subject to Title Matters which have been approved by Purchaser, or as to which Purchaser has

waived objection, pursuant to Section 14 below.

11. CLOSING COSTS AND PRORATIONS

Real estate taxes, assessments, rents, and utilities will be prorated between the parties through

the date of Closing. Other costs arising in connection with this transaction will be paid as

described below. Matters not specified will be allocated in accordance with customary

allocations in the county in which the Premises are located, provided that Buyer shall be

responsible for all costs and expenses incurred in connection with any financing or loan arranged

by Buyer to purchase the Premises, and any mortgage, deed of trust, real estate contract or other

agreement or instrument related to that financing or loan, including without limitation all

"prepaid" fees and costs.

Item

Buyer

Seller

N/A

Inspections

___

Title Insurance

___

Title Insurance Commitment

___

Owners Title Insurance Policy

___

Offer and Purchase and Sale Agreement

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Mortgagee's Title Insurance Policy

___

Mortgage Costs

___

Appraisal

___

Points

___

Origination Fee

___

Commitment Fee

___

Loan Document Preparation

___

Tax Service Fee

___

Mortgage Insurance

___

Other (Specify)

___

Survey (specify type ____________)

___

Flood Zone Certification

___

Closing Costs

___

Settlement Agent Fee

___

Document Preparation

___

Recording (Buyer's Documents)

___

Recording (Seller's Documents)

___

Special Assessment Search

___

12. CLOSING DATE AND POSSESSION

In this Agreement, the term "Closing" refers to the contemporaneous performance by the parties

of their obligations under this Agreement, including, without limitation, the delivery of the deed

by the Seller and the payment of the Purchase Price by the Buyer. Closing will occur at the

offices of the Title Company in , , on _____________ __,

20___, at a time reasonably designated by the Title Company. Upon written notice given by the

Buyer to the Seller, the date of Closing may be advanced to an earlier date which is reasonably

acceptable to Seller. Buyer will be entitled to physical possession of the Premises when the deed

to the Premises has been recorded and the Purchase Price paid to the Seller. Buyer and Seller

acknowledge that the deed may be recorded and the Purchase Price paid to the Seller after the

date of the Closing.

Offer and Purchase and Sale Agreement

Page 5

13. TITLE INSURANCE COMPANY

The parties will appoint ,

whose address is , , ,

(referred to in this Agreement as the "Title Company") to issue the title insurance required under

this Agreement and to act as the closing agent for the purpose of closing the transactions

contemplated by this Agreement.

14. TITLE CONTINGENCY

On or before __, 20___, Seller will order for the benefit of the Buyer a

commitment for an owner's title insurance policy, together with an accurate copy of all matters

of record referred in the commitment, including without limitation those matters of record

referred to in Schedule B of the title commitment. The commitment will be ordered from and

issued by the Title Company.

Buyer will have ________ (_______) calendar days after receipt of the commitment and copies

of all matters of record, to review the commitment and to object in writing to any title defect, lien

or encumbrance noted therein ("Title Matter"), excepting those items which appear as standard

exceptions in the title insurance commitments and policies normally issued by the Title

Company.

If, within ________ (_______) calendar days after receipt of the commitment and copies of all

matters of record, Buyer delivers written notice ("Buyer's Objection Notice") to Seller specifying

any Title Matter to which Buyer objects, Seller will make a good faith effort to correct or

eliminate the Title Matter(s) specified in the Buyer's Objection Notice; provided that Seller will

not be required to expend more than ($_______)

in the aggregate to correct or eliminate any specified Title Matter(s); provided however,

notwithstanding the foregoing, Seller will be obligated to expend an amount equal to the net

proceeds arising from the sale of the Premises to satisfy and obtain the release of any mortgage,

lien or other interest granted by Seller or any judgment lien securing a judgment entered against

Seller. The Buyer will be deemed to have accepted all Title Matters not specified in the Buyer's

Objection Notice.

If the Seller is unable to correct or eliminate any Title Matter objected to by the Buyer, then, on

or before the ________ (_______) calendar day following delivery by Seller to Buyer of written

notice ("Seller's Notice") specifying any Title Matter that Seller is unable to correct or eliminate,

Buyer may elect to terminate this Agreement by giving written notice of termination to Seller,

whereupon the Deposit will be refunded to Buyer and all other obligations of the parties

hereunder will cease and this Agreement will be null and void. If Buyer fails to terminate this

Agreement by giving written notice of termination to Seller on or before such ________

(_______) Day following delivery of the Seller's Notice, Buyer will be deemed to have waived

any objections to any Title Matter specified in the Seller's Notice.

15. FINANCING CONTINGENCY

Buyer's obligations under this Offer and Agreement will be contingent upon Buyer's receipt, on

or before the ________ (_______) calendar day following the acceptance of the Offer by Seller,

of a commitment for a residential mortgage loan in the principal amount of

Offer and Purchase and Sale Agreement

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percent (__%) of the Purchase Price, or such lower amount as Buyer subsequently may apply for,

at currently available interest rates. Buyer will make a good faith application to at least one bank

or other mortgage lender on or before the ________ (_______) calendar day following the

acceptance of the Offer by the Seller, and will diligently prosecute such application. If Buyer

fails to receive a mortgage loan commitment on or before the ________ (_______) calendar day

following the acceptance of the Offer by Seller, and on or before such ________ (_______)

calendar day, Buyer notifies Seller in writing that Buyer is terminating this Agreement because

of such failure, then the Deposit will be refunded to Buyer and all other obligations of the parties

hereunder will cease and this Agreement will be null and void. If the Buyer fails to terminate

this Agreement by giving written notice of termination to Seller on or before such ________

(_______) calendar day following acceptance of the Offer by Seller, Buyer will be deemed to

have waived his, her, their or its rights to terminate the Agreement pursuant to this section.

16. INSPECTION CONTINGENCY

Buyer's obligations under this Agreement will be contingent upon Buyer's satisfaction with the

result of such inspections (including without limitation, structural, insect, radon) of the Premises

as Buyer, at his, her, their or its sole cost, may cause to be conducted on or before the f________

(_______) calendar day following the acceptance of the Offer by the Seller. Buyer also will be

entitled to re-inspect the Premises, at the Buyer's sole cost, within ________ (_______) calendar

days of the Closing for the limited purpose of confirming the condition of the Premises has not

changed since the completion of the inspections referred to above. Buyer and Buyer's inspectors

and consultants will be entitled to have reasonable access to the Premises from time to time for

the purposes of making such inspections, provided that Buyer will indemnify Seller from any

and all liability, claims, damages, losses, costs or expenses, including attorney fees suffered, paid

or incurred by Seller arising out of or as a consequence of Buyer's exercise of rights under this

section. If Buyer is not satisfied with the condition of the Premises or any portion thereof and,

on or before the ________ (_______) calendar day following the acceptance of the Offer by the

Seller, Buyer notifies Seller in writing that Buyer is terminating this Agreement because of such

dissatisfaction, then the Deposit will be refunded to Buyer and all other obligations of the parties

hereunder will cease and this Agreement will be null and void. If the Buyer fails to terminate

this Agreement by giving written notice of termination to Seller on or before the ________

(_______) calendar day following acceptance of the Offer by Seller, Buyer will be deemed to

have waived his, her, their or its rights to terminate the Agreement pursuant to this section.

If §56-7-1 N.M.S.A. 1978 Comp. applies to the inspections carried out pursuant to, and the

indemnification obligations arising under, this Section 14, the agreement to indemnify shall not

apply to liability, claims, damages, losses, costs or expenses, including attorney fees, arising out

of (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,

designs or specifications by the indemnitee, or the agents or employees of the indemnitee; or (ii)

the giving of or the failure to give directions or instructions by the indemnitee, or the agents or

employees of the indemnitee, where such giving or failure to give directions or instructions is the

primary cause of bodily injury to persons or damage to property.

17. LEAD HAZARD CONTINGENCY

Buyer's obligations under this Agreement will be contingent upon Buyer's satisfaction with the

result of such risk assessments or inspections of the Premises for the presence of lead based paint

Offer and Purchase and Sale Agreement

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and/or lead based paint hazards as Buyer, at his, her, their or its sole cost, may cause to be

conducted on or before the ________ (_______) calendar day following the acceptance of the

Offer by the Seller. Buyer and Buyer's inspectors and consultants will be entitled to have

reasonable access to the Premises from time to time for the purposes of making such risk

assessment or inspection, provided that Buyer will indemnify Seller from any and all liability,

claims, damages, losses, costs or expenses, including attorney fees, suffered, paid or incurred by

Seller arising out of or as a consequence of Buyer's exercise of rights under this section. If

Buyer is not satisfied with the result of such assessment or inspection and, on or before the

________ (_______) calendar day following the acceptance of the Offer by the Seller, Buyer

notifies Seller in writing that Buyer is terminating this Agreement because of such

dissatisfaction, then the Deposit will be refunded to Buyer and all other obligations of the parties

hereunder will cease and this Agreement will be null and void. If the Buyer fails to terminate

this Agreement by giving written notice of termination to Seller on or before the ________

(_______) calendar day following acceptance of the Offer by Seller, Buyer will be deemed to

have waived his, her, their or its rights to terminate the Agreement pursuant to this section.

If §56-7-1 N.M.S.A. 1978 Comp. applies to the inspections carried out pursuant to and the

indemnification obligations arising under, this Section 15, the agreement to indemnify shall not

apply to liability, claims, damages, losses, costs or expenses, including attorney fees, arising out

of (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,

designs or specifications by the indemnitee, or the agents or employees of the indemnitee; or (ii)

the giving of or the failure to give directions or instructions by the indemnitee, or the agents or

employees of the indemnitee, where such giving or failure to give directions or instructions is the

primary cause of bodily injury to persons or damage to property.

18. AS IS

Buyer acknowledges that Buyer will have ample opportunity under Sections 16 and 17 to, and

will, examine the Premises and any personal property included in the transaction contemplated

by this Agreement, and that if Buyer accepts the deed to the Premises and otherwise closes the

transactions contemplated by this Agreement, Buyer will do so on the basis that the Premises and

any such personal property are being accepted "as is", in their current condition as of the time of

Closing, based solely upon Buyer's inspection(s) of the Premises. Buyer acknowledges that

neither Seller nor any person acting on behalf of Seller has made any statement, representation or

warranty to Buyer or Buyer's representative with respect to the Premises or any of the personal

property, or their condition or value, and Buyer is not relying upon any statement, representation

or warranty of Seller with respect to the Premises or the personal property, or their condition or

value.

19. TIME IS OF THE ESSENCE

Time is of the essence with respect to all obligations arising under this Agreement.

20. DEFAULT, REMDIES, ATTORNEY'S FEES

If either party defaults in the performance of his, her, their or its obligations under this

Agreement, the non-defaulting party shall be entitled to all rights and remedies available at law

or in equity, including without limitation, specific performance.

Offer and Purchase and Sale Agreement

Page 8

In any action or proceeding arising out of this Agreement, the prevailing party will be entitled to

recover reasonable costs and expenses incurred paid or incurred by such party enforcing its rights

hereunder, including without limitation attorney fees.

21. NOTICE

Any notice required or permitted hereunder shall be deemed delivered to: (a) the Buyer, (i) if

actually delivered, on the date of delivery; and (ii) if mailed via certified mail, return receipt

requested, or sent by FedEx or other national courier that maintains a record of attempted and

successful deliveries, on the date of first attempted delivery on a business day in the jurisdiction

of attempted delivery, provided the notice is addressed to the Buyer at

__________________________________________________________________________; and

(b) the Seller, (i) if actually delivered, on the date of delivery, and (ii) if mailed via certified mail,

return receipt requested, or sent by FedEx or other national courier that maintains a record of

attempted and successful deliveries, on the date of first attempted delivery on a business day in

the jurisdiction of attempted delivery, provided the notice is addressed to Seller at

_____________________________________________________________________________.

Either party, by notice given pursuant to this section, may designate a substitute recipient and/or

address for notices directed to itself.

22. TAX REPORTING

Seller represent that Seller is not a nonresident alien for purposes of United States income

taxation, and that Seller's social security number(s) is as follows: _________________________

______________________________.

23. BROKER

The Buyer and Seller warrant and represent, each to the other, that the warranting party has dealt

with no broker or agent, in connection with this transaction, and Buyer and Seller each agree to

indemnify and hold the other harmless from and against any loss or damage, including

reasonable attorneys' fees and expenses, incurred by such other party as a result of the

misrepresentation by the warranting party of any of the above facts.

24. FACSIMILE DOCUMENTS, COUNTERPARTS AND INITIALING

Facsimile documents which are transmitted by telecommunication and reproduced by electronic

means ("faxed" or "telefaxed"), with electronically reproduced signatures, will be legally

effective and binding.

This Agreement may be executed through the use of separate signature pages or in any number

of counterparts, and each of such counterparts will, for all purposes, constitute one agreement

binding on all the parties, notwithstanding that all parties are not signatories to the same

counterpart.

25. ENTIRE AGREEMENT

The Offer and this Agreement constitutes the sole and exclusive agreement by and among Buyer

and Seller, or any of them, with respect to the subject matter hereof, and any and all other

agreements, understandings or contracts, whether written or oral, howsoever denominated or

Offer and Purchase and Sale Agreement

Page 9

characterized, with respect to the Premises, between the Buyer and the Seller or any of them, are

merged herein and extinguished. The Offer and this Agreement may be amended only by a

writing executed by all of the Parties.

26. GOVERNING LAW

The interpretation and construction of the Offer and this Agreement, and the determination of the

rights and obligations of the parties under each, shall be governed by the laws of the state of New

Mexico, without regard for its conflict of laws principals.

27. SPOUSES

The spouse of each married Seller hereby consents to the transaction contemplated herein, and

agrees to, and will, sign and deliver such deeds and other documents as may reasonably be

requested by the Title Company to evidence such consent and to effect the transfer to Buyer of

any and all rights which each said spouse may have in or to the Premises.

EACH PARTY ACKNOWLEDGES THAT HE, SHE, THEY, OR IT HAS BEEN

ADVISED THAT SIGNING THIS OFFER AND PURCHASE AND SALE AGREEMENT

WILL AFFECT HIS, HER, THEIR OR ITS LEGAL RIGHTS AND RESPONSIBILITIES

WITH RESPECT TO THE PREMISES, AND MAY RESULT IN TAX

CONSEQUENCES. EACH PARTY ACKNOWLEDGES THAT HE, SHE, THEY OR IT

HAS BEEN ADVISED TO OBTAIN COMPETENT LEGAL AND TAX ADVICE

BEFORE SIGNING THIS OFFER AND PURCHASE AND SALE AGREEMENT.

SELLER BUYER

Date Date and Time

Offer and Purchase and Sale Agreement

Page 10

EXHIBIT A

LEAD WARNING STATEMENT

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is

notified that such property may present exposure to lead from lead-based paint that may place young children at risk

of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,

including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead

poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is

required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections

in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or

inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller’s Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i) Known lead-based paint and/or lead-based paint hazards are present in the housing

(explain).

_________________________________________________________________________

(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the

housing.

(b) Records and reports available to the seller (check (i) or (ii) below):

(i) Seller has provided the purchaser with all available records and reports pertaining to

lead-based

paint and/or lead-based paint hazards in the housing (list documents below).

__________________________________________________________________________________

(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint

hazards in

Offer and Purchase and Sale Agreement

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the housing.

Purchaser’s Acknowledgment (initial)

(d) Purchaser has received the pamphlet

Protect Your Family from Lead in Your Home.

(e) Purchaser has (check (i) or (ii) below):

(i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk

assessment or

inspection for the presence of lead-based paint and/or lead-based paint hazards; or

(ii) waived the opportunity to conduct a risk assessment or inspection for the presence of

lead-based paint and/or lead-based paint hazards.

Agent’s Acknowledgement (initial)

(f) Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852(d) and is

aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the

information they have provided is true and accurate.

Seller Date Seller

Date