- Offer to Purchase Real Property - California
- Real Estate Purchase Contract - Alberta
- Offer to Purchase and Sale Agreement - New Mexico
- Contract of Purchase and Sale for the Province of British Columbia
- Purchase Agreement for Residential Real Estate in Ohio - Ohio
- Contract for Sale and Puchase of Real Estate - Virginia
Fillable Printable Residential Offer to Purchase - Wisconsin
Fillable Printable Residential Offer to Purchase - Wisconsin
Residential Offer to Purchase - Wisconsin
WB-11 RESIDENTIAL OFFER TO PURCHASE
LICENSEE DRAFTING THIS OFFER ON ________________________________________ [DATE] IS (AGENT OF BUYER) 1
(AGENT OF SELLER/LISTING BROKER) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE 2
GENERAL PROVISIONS The Buyer, _____________________________________________________________________ 3
_______________________________, offers to purchase the Property known as [Street Address] _____________________ 4
______________________________________________________________ in the _________________________________ 5
of __________________________________, County of _____________________________ Wisconsin (insert additional 6
description, if any, at lines 165-172 or 435-442 or attach as an addendum per line 434), on the following terms: 7
■ PURCHASE PRICE: _________________________________________________________________________________ 8
____________________________________________________________ Dollars ($_______________________________). 9
■ EARNEST MONEY of $ ____________________accompanies this Offer and earnest money of $ ____ ________________ 10
will be mailed, or commercially or personally delivered within ____________________ days of acceptance to listing broker or 11
___________________________________________________________________________________________________. 12
■ THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below. 13
■ INCLUDED IN PURCHASE PRICE: Seller is including in the purchase price the Property, all Fixtures on the Property on 14
the date of this Offer not excluded at lines 17-18, and the following additional items: __________________________________ 15
_______________________________________________________________________________________________________. 16
■ NOT INCLUDED IN PURCHASE PRICE: ___________________________________________________________________ 17
_______________________________________________________________________________________________________. 18
CAUTION: Identify Fixtures that are on the Property (see lines 185-193) to be excluded by Seller or which are rented 19
and will continue to be owned by the lessor. 20
NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are 21
included/excluded. 22
ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical 23
copies of the Offer. 24
CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term deadlines 25
running from acceptance provide adequate time for both binding acceptance and performance. 26
BINDING ACCEPTANCE This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on 27
or before _______________________________________________________________. Seller may keep the Property on the 28
market and accept secondary offers after binding acceptance of this Offer. 29
CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer. 30
OPTIONAL PROVISIONS TERMS OF THIS OFFER THAT ARE PRECEDED BY AN OPEN BOX ( ) ARE PART OF THIS 31
OFFER ONLY IF THE BOX IS MARKED SUCH AS WITH AN “X.” THEY ARE NOT PART OF THIS OFFER IF MARKED “N/A” 32
OR ARE LEFT BLANK. 33
DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and 34
written notices to a Party shall be effective only when accomplished by one of the methods specified at lines 36-54. 35
(1) Personal Delivery: giving the document or written notice personally to the Party, or the Party's recipient for delivery if 36
named at line 38 or 39. 37
Seller's recipient for delivery (optional): _______________________________________________________________________ 38
Buyer's recipient for delivery (optional): _______________________________________________________________________ 39
(2) Fax: fax transmission of the document or written notice to the following telephone number: 40
Seller: (________) ________________________________ Buyer: (_________) ___________________________________ 41
(3) Commercial Delivery: depositing the document or written notice fees prepaid or charged to an account with a 42
commercial delivery service, addressed either to the Party, or to the Party's recipient for delivery if named at line 38 or 39, for 43
delivery to the Party's delivery address at line 47 or 48. 44
(4) U.S. Mail: depositing the document or written notice postage prepaid in the U.S. Mail, addressed either to the Party, 45
or to the Party's recipient for delivery if named at line 38 or 39, for delivery to the Party's delivery address at line 47 or 48. 46
Delivery address for Seller: ________________________________________________________________________________ 47
Delivery address for Buyer: ________________________________________________________________________________ 48
(5) E-Mail: electronically transmitting the document or written notice to the Party’s e-mail address, if given below at line 49
53 or 54. If this is a consumer transaction where the property being purchased or the sale proceeds are used primarily for 50
personal, family or household purposes, each consumer providing an e-mail address below has first consented electronically 51
to the use of electronic documents, e-mail delivery and electronic signatures in the transaction, as required by federal law. 52
E-Mail address for Seller (optional): _______________________________________________________________________ 53
E-Mail address for Buyer (optional): _______________________________________________________________________ 54
PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller55
constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers. 56
Approved by the Wisconsin Department of Regulation and Licensing Page 1 of 9, WB-11
03-1-11 (Optional Use Date) 07-1-11 (Mandatory Use Date)
OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this 57
Offer at lines 165-172 or 435-442 or in an addendum attached per line 434. At time of Buyer's occupancy, Property shall be in 58
broom swept condition and free of all debris and personal property except for personal property belonging to current tenants, 59
or that sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any. 60
DEFINITIONS 61
■ ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document or 62
written notice physically in the Party’s possession, regardless of the method of delivery. 63
■ CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: “Conditions Affecting the Property or Transaction” are 64
defined to include: 65
a. Defects in the roof. 66
b. Defects in the electrical system. 67
c. Defects in part of the plumbing system (including the water heater, water softener and swimming pool) that is included in 68
the sale. 69
d. Defects in the heating and air conditioning system (including the air filters and humidifiers). 70
e. Defects in the well, including unsafe well water. 71
f. Property is served by a joint well. 72
g. Defects in the septic system or other sanitary disposal system. 73
h. Underground or aboveground fuel storage tanks on or previously located on the Property. (If "yes", the owner, by law, 74
may have to register the tanks with the Department of Commerce at P.O. Box 7970, Madison, Wisconsin, 53707, whether 75
the tanks are in use or not. Regulations of the Department of Commerce may require the closure or removal of unused 76
tanks.) 77
i. “LP” tank on the Property (specify in the additional information whether the tank is owned or leased). 78
j. Defects in the basement or foundation (including cracks, seepage and bulges). 79
k. Property is located in a floodplain, wetland or shoreland zoning area. 80
l. Defects in the structure of the Property. 81
m. Defects in mechanical equipment included in the sale either as Fixtures or personal property. 82
n. Boundary or lot line disputes, encroachments or encumbrances (including a joint driveway). 83
o. Defect caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in paint, 84
lead in soil, lead in water supplies or plumbing system, or other potentially hazardous or toxic substances on the Property. 85
NOTE: Specific federal lead paint disclosure requirements must be complied with in the sale of most residential 86
properties built before 1978. 87
p. Presence of asbestos or asbestos-containing materials on the Property. 88
q. Defect caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic substances 89
on neighboring properties. 90
r. Current or previous termite, powder-post beetle or carpenter ant infestations or Defects caused by animal or other insect 91
infestations. 92
s. Defects in a wood burning stove or fireplace or Defects caused by a fire in a stove or fireplace or elsewhere on the 93
Property. 94
t. Remodeling affecting the Property's structure or mechanical systems or additions to Property during Seller’s ownership 95
without required permits. 96
u. Federal, state, or local regulations requiring repairs, alterations or corrections of an existing condition. 97
v. Notice of property tax increases, other than normal annual increases, or pending property reassessment. 98
w. Remodeling that may increase Property's assessed value. 99
x. Proposed or pending special assessments. 100
y. Property is located within a special purpose district, such as a drainage district, that has the authority to impose 101
assessments against the real property located within the district. 102
z. Proposed construction of a public project that may affect the use of the Property. 103
aa. Subdivision homeowners' associations, common areas co-owned with others, zoning violations or nonconforming uses, 104
rights-of-way, easements or another use of a part of the Property by non-owners, other than recorded utility easements. 105
bb. Structure on the Property is designated as an historic building or part of the Property is in an historic district. 106
cc. Any land division involving the Property for which required state or local permits had not been obtained. 107
dd.
Violation of state or local smoke and carbon monoxide detector laws.
108
ee. High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the 109
Property. 110
ff. The Property is subject to a mitigation plan required by Wisconsin Department of Natural Resources (DNR) rules related 111
to county shoreland zoning ordinances that obligates the owner to establish or maintain certain measures related to 112
shoreland conditions, enforceable by the county. 113
gg. Other Defects affecting the Property. 114
(Definitions Continued on page 4) 115
Page 2 of 9, WB-11
CLOSING This transaction is to be closed no later than _______________________________________________________ 116
___________________________________ at the place selected by Seller, unless otherwise agreed by the Parties in writing. 117
CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values: 118
real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners association 119
assessments, fuel and _________________________________________________________________________________. 120
CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used. 121
Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing. 122
Real estate taxes shall be prorated at closing based on [CHECK BOX FOR APPLICABLE PRORATION FORMULA]: 123
The net general real estate taxes for the preceding year, or the current year if available (Net general real estate 124
taxes are defined as general property taxes after state tax credits and lottery credits are deducted) (NOTE: THIS CHOICE 125
APPLIES IF NO BOX IS CHECKED) 126
Current assessment times current mill rate (current means as of the date of closing) 127
Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior 128
year, or current year if known, multiplied by current mill rate (current means as of the date of closing) 129
___________________________________________________________________________________________. 130
CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be 131
substantially different than the amount used for proration especially in transactions involving new construction, 132
extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local assessor 133
regarding possible tax changes. 134
Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on 135
the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5 136
days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall 137
re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation 138
and is the responsibility of the Parties to complete, not the responsibility of the real estate brokers in this transaction. 139
LEASED PROPERTY If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights 140
under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the 141
(written) (oral) STRIKE ONE lease(s), if any, are _____________________________________________________________ 142
_____________________. Insert additional terms, if any, at lines 165-172 or 435-442 or attach as an addendum per line 434. 143
RENTAL WEATHERIZATION This transaction (is) (is not) STRIKE ONE exempt from Wisconsin Rental Weatherization 144
Standards (Wis. Admin. Code Ch. Comm 67). If not exempt, (Buyer) (Seller) STRIKE ONE (“Buyer” if neither is stricken) shall 145
be responsible for compliance, including all costs, with Wisconsin Rental Weatherization Standards. If Seller is responsible for 146
compliance, Seller shall provide a Certificate of Compliance at closing. 147
REAL ESTATE CONDITION REPORT Wisconsin law requires owners of property which includes 1-4 dwelling units to 148
provide Buyers with a Real Estate Condition Report. Excluded from this requirement are sales of property that has never been 149
inhabited, sales exempt from the real estate transfer fee, and sales by certain court-appointed fiduciaries, (for example, 150
personal representatives who have never occupied the Property). The form of the Report is found in Wis. Stat. § 709.03. The 151
law provides: "§ 709.02 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of the 152
contract of sale . . ., to the prospective Buyer of the property a completed copy of the report . . . A prospective Buyer who does 153
not receive a report within the 10 days may, within 2 business days after the end of that 10 day period, rescind the contract of 154
sale . . . by delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission 155
rights if a Real Estate Condition Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is 156
submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding 157
rescission rights. 158
PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has no 159
notice or knowledge of Conditions Affecting the Property or Transaction (lines 64-114) other than those identified in Seller's 160
Real Estate Condition Report dated ____________________________________, which was received by Buyer prior to Buyer 161
signing this Offer and which is made a part of this Offer by reference COMPLETE DATE OR STRIKE AS APPLICABLE and 162
_____________________________________________________________________ _______________________________ 163
_________________________________ INSERT CONDITIONS NOT ALREADY INCLUDED IN THE CONDITION REPORT 164
ADDITIONAL PROVISIONS/CONTINGENCIES ____________________________________________________________ 165
_____________________________________________________________________ _______________________________166
_____________________________________________________________________ _______________________________167
_____________________________________________________________________ _______________________________168
_____________________________________________________________________ _______________________________169
____________________________________________________________________________________________________170
_____________________________________________________________________ _______________________________171
_____________________________________________________________________ _______________________________ 172
Property Address: _________________________________________________________________________________________________________Page 3 of 9, WB-11
DEFINITIONS CONTINUED FROM PAGE 2 173
■ DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by excluding 174
the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. 175
Deadlines expressed as a specific number of “business days” exclude Saturdays, Sundays, any legal public holiday under 176
Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive 177
registered mail or make regular deliveries on that day. Deadlines expressed as a specific number of “hours” from the 178
occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by counting 24 hours 179
per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific event, such as 180
closing, expire at midnight of that day. 181
■ DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would 182
significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would 183
significantly shorten or adversely affect the expected normal life of the premises. 184
■ FIXTURE: A “Fixture” is an item of property which is physically attached to or so closely associated with land or 185
improvements so as to be treated as part of the real estate, including, without limitation, physically attached items not easily 186
removable without damage to the premises, items specifically adapted to the premises and items customarily treated as 187
fixtures, including, but not limited to, all: garden bulbs; plants; shrubs and trees; screen and storm doors and windows; electric 188
lighting fixtures; window shades; curtain and traverse rods; blinds and shutters; central heating and cooling units and attached 189
equipment; water heaters and treatment systems; sump pumps; attached or fitted floor coverings; awnings; attached 190
antennas; garage door openers and remote controls; installed security systems; central vacuum systems and accessories; in-191
ground sprinkler systems and component parts; built-in appliances; ceiling fans; fences; storage buildings on permanent 192
foundations and docks/piers on permanent foundations. 193
CAUTION: Exclude any Fixtures to be retained by Seller or which are rented (e.g., water softener or other water 194
conditioning systems, home entertainment and satellite dish components, L.P. tanks, etc.) on lines 17-18. 195
■ PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-7. 196
PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land, building or room dimensions, or total 197
acreage or building square footage figures, provided to Buyer by Seller or by a broker, may be approximate because of 198
rounding, formulas used or other reasons, unless verified by survey or other means. 199
CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land, building 200
or room dimensions, if material. 201
BUYER’S PRE-CLOSING WALK-THROUGH Within 3 days prior to closing, at a reasonable time pre-approved by Seller or 202
Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no significant change 203
in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and that any defects 204
Seller has agreed to cure have been repaired in the manner agreed to by the Parties. 205
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING Seller shall maintain the Property until the earlier of 206
closing or occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, except for ordinary 207
wear and tear. If, prior to closing, the Property is damaged in an amount of not more than five percent (5%) of the selling price, 208
Seller shall be obligated to repair the Property and restore it to the same condition that it was on the day of this Offer. No later 209
than closing, Seller shall provide Buyer with lien waivers for all lienable repairs and restoration. If the damage shall exceed 210
such sum, Seller shall promptly notify Buyer in writing of the damage and this Offer may be canceled at option of Buyer. 211
Should Buyer elect to carry out this Offer despite such damage, Buyer shall be entitled to the insurance proceeds, if any, 212
relating to the damage to the Property, plus a credit towards the purchase price equal to the amount of Seller's deductible on 213
such policy, if any. However, if this sale is financed by a land contract or a mortgage to Seller, any insurance proceeds shall 214
be held in trust for the sole purpose of restoring the Property. 215
Page 4 of 9, WB-11
IF LINE 217 IS NOT MARKED OR IS MARKED N/A LINES 257-263 APPLY. 216
FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a written __________________ 217
______________________________________________________ [INSERT LOAN PROGRAM OR SOURCE] first mortgage 218
loan commitment as described below, within _______ days of acceptance of this Offer. The financing selected shall be in an 219
amount of not less than $ _____________________ for a term of not less than ______ years, amortized over not less than 220
_____ years. Initial monthly payments of principal and interest shall not exceed $ _____________. Monthly payments may 221
also include 1/12th of the estimated net annual real estate taxes, hazard insurance premiums, and private mortgage insurance 222
premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay discount points and/or loan origination 223
fee in an amount not to exceed ________% of the loan. If the purchase price under this Offer is modified, the financed 224
amount, unless otherwise provided, shall be adjusted to the same percentage of the purchase price as in this contingency and 225
the monthly payments shall be adjusted as necessary to maintain the term and amortization stated above. 226
CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 228 or 229. 227
FIXED RATE FINANCING: The annual rate of interest shall not exceed _______%. 228
ADJUSTABLE RATE FINANCING: The initial annual interest rate shall not exceed _______%. The initial interest 229
rate shall be fixed for _______ months, at which time the interest rate may be increased not more than ________% per 230
year. The maximum interest rate during the mortgage term shall not exceed ________%. Monthly payments of principal 231
and interest may be adjusted to reflect interest changes. 232
If Buyer is using multiple loan sources or obtaining a construction loan or land contract financing, describe at lines 233
165-172 or 435-442 or in an addendum attached per line 434. 234
■ BUYER’S LOAN COMMITMENT: Buyer agrees to pay all customary loan and closing costs, to promptly apply for a 235
mortgage loan, and to provide evidence of application promptly upon request of Seller. If Buyer qualifies for the loan described 236
in this Offer or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of the written loan commitment no 237
later than the deadline at line 219. Buyer and Seller agree that delivery of a copy of any written loan commitment to 238
Seller (even if subject to conditions) shall satisfy Buyer’s financing contingency if, after review of the loan 239
commitment, Buyer has directed, in writing, delivery of the loan commitment. Buyer’s written direction shall 240
accompany the loan commitment. Delivery shall not satisfy this contingency if accompanied by a notice of 241
unacceptability. 242
CAUTION: The delivered commitment may contain conditions Buyer must yet satisfy to obligate the lender to provide 243
the loan. BUYER, BUYER’S LENDER AND AGENTS OF BUYER OR SELLER SHALL NOT DELIVER A LOAN 244
COMMITMENT TO SELLER OR SELLER’S AGENT WITHOUT BUYER'S PRIOR WRITTEN APPROVAL OR UNLESS 245
ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY. 246
■ SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment; Seller may terminate this 247
Offer if Seller delivers a written notice of termination to Buyer prior to Seller's Actual Receipt of a copy of Buyer's written loan 248
commitment. 249
■ FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already 250
delivered an acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of 251
same including copies of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is 252
named in this Offer, Seller shall then have 10 days to deliver to Buyer written notice of Seller's decision to finance this 253
transaction on the same terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing 254
extended accordingly. If Seller's notice is not timely given, this Offer shall be null and void. Buyer authorizes Seller to obtain 255
any credit information reasonably appropriate to determine Buyer's credit worthiness for Seller financing. 256
■ IF THIS OFFER IS NOT CONTINGENT ON FINANCING: Within 7 days of acceptance, a financial institution or third party 257
in control of Buyer’s funds shall provide Seller with reasonable written verification that Buyer has, at the time of verification, 258
sufficient funds to close. If such written verification is not provided, Seller has the right to terminate this Offer by delivering 259
written notice to Buyer. Buyer may or may not obtain mortgage financing but does not need the protection of a financing 260
contingency. Seller agrees to allow Buyer’s appraiser access to the Property for purposes of an appraisal. Buyer understands 261
and agrees that this Offer is not subject to the appraisal meeting any particular value, unless this Offer is subject to an 262
appraisal contingency, nor does the right of access for an appraisal constitute a financing contingency. 263
APPRAISAL CONTINGENCY: This Offer is contingent upon the Buyer or Buyer’s lender having the Property appraised 264
at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated 265
subsequent to the date of this Offer indicating an appraised value for the Property equal to or greater than the agreed upon 266
purchase price. This contingency shall be deemed satisfied unless Buyer, within _____________ days of acceptance, delivers 267
to Seller a copy of the appraisal report which indicates that the appraised value is not equal to or greater than the agreed upon 268
purchase price, accompanied by a written notice of termination. 269
CAUTION: An appraisal ordered by Buyer’s lender may not be received until shortly before closing. Consider whether 270
deadlines provide adequate time for performance.271
Property Address: _________________________________________________________________________________________________________Page 5 of 9, WB-11
DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of the 272
Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the transaction as 273
defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession data to multiple 274
listing service sold databases; and (iii) provide active listing, pending sale, closed sale and financing concession information 275
and data, and related information regarding seller contributions, incentives or assistance, and third party gifts, to appraisers 276
researching comparable sales, market conditions and listings, upon inquiry. 277
DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and 278
conditions of this Offer. A material failure to perform any obligation under this Offer is a default which may subject the 279
defaulting party to liability for damages or other legal remedies. 280
If Buyer defaults, Seller may: 281
(1) sue for specific performance and request the earnest money as partial payment of the purchase price; or 282
(2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual 283
damages. 284
If Seller defaults, Buyer may: 285
(1) sue for specific performance; or 286
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both. 287
In addition, the Parties may seek any other remedies available in law or equity. 288
The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the 289
discretion of the courts. If either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution 290
instead of the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of 291
law those disputes covered by the arbitration agreement. 292
NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD 293
READ THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS 294
OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL 295
RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE 296
CONSULTED IF LEGAL ADVICE IS NEEDED. 297
ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller 298
regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds 299
and inures to the benefit of the Parties to this Offer and their successors in interest. 300
NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons 301
registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at 302
http://www.widocoffenders.org or by telephone at (608) 240-5830. 303
Page 6 of 9, WB-11
CLOSING OF BUYER'S PROPERTY CONTINGENCY: This Offer is contingent upon the closing of the sale of Buyer's 304
property located at _____________________________________________, no later than ______________. If Seller accepts 305
a bona fide secondary offer, Seller may give written notice to Buyer of acceptance. If Buyer does not deliver to Seller a written 306
waiver of the Closing of Buyer's Property Contingency and _____________________________________________________ 307
____________________________________________________________________________________________________ 308
[INSERT OTHER REQUIREMENTS, IF ANY (e.g., PAYMENT OF ADDITIONAL EARNEST MONEY, WAIVER OF ALL 309
CONTINGENCIES, OR PROVIDING EVIDENCE OF SALE OR BRIDGE LOAN, etc.)] within ____ hours of Buyer's Actual 310
Receipt of said notice, this Offer shall be null and void. 311
SECONDARY OFFER: This Offer is secondary to a prior accepted offer. This Offer shall become primary upon delivery 312
of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer notice prior 313
to any deadline, nor is any particular secondary buyer given the right to be made primary ahead of other secondary buyers. 314
Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to delivery of Seller's notice 315
that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than _____ days after acceptance of this Offer. All 316
other Offer deadlines which are run from acceptance shall run from the time this Offer becomes primary. 317
TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3) 318
occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in this 319
Offer except: _________________________________________________________________________________________ 320
_____________________________________________________________________ _______________________________ 321
______________________________________________________________. If “Time is of the Essence” applies to a date or 322
Deadline, failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to 323
a date or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs. 324
TITLE EVIDENCE 325
■ CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed 326
(trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as 327
provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements 328
entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use 329
restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Real Estate 330
Condition Report and in this Offer, general taxes levied in the year of closing and ___________________________________ 331
_____________________________________________________________________ _______________________________ 332
_____________________________________________________________________ _______________________________ 333
____________________________________________________________________________________________________ 334
which constitutes merchantable title for purposes of this transaction. Seller shall complete and execute the documents 335
necessary to record the conveyance at Seller’s cost and pay the Wisconsin Real Estate Transfer Fee. 336
WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements may 337
prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates making 338
improvements to Property or a use other than the current use. 339
■ TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of the 340
purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall pay all 341
costs of providing title evidence to Buyer. Buyer shall pay all costs of providing title evidence required by Buyer’s lender. 342
■ GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s) 343
STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded after 344
the effective date of the title insurance commitment and before the deed is recorded, subject to the title insurance policy 345
exclusions and exceptions, provided the title company will issue the endorsement. If a gap endorsement or equivalent gap 346
coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 353 -359). 347
■ PROVISION OF MERCHANTABLE TITLE: For purposes of closing, title evidence shall be acceptable if the required title 348
insurance commitment is delivered to Buyer's attorney or Buyer not less than 5 business days before closing, showing title to 349
the Property as of a date no more than 15 days before delivery of such title evidence to be merchantable per lines 326-335, 350
subject only to liens which will be paid out of the proceeds of closing and standard title insurance requirements and 351
exceptions, as appropriate. 352
■ TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of 353
objections to title by the time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days, to 354
remove the objections, and the time for closing shall be extended as necessary for this purpose. In the event that Seller is 355
unable to remove said objections, Buyer shall have 5 days from receipt of notice thereof, to deliver written notice waiving the 356
objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, this Offer shall be 357
null and void. Providing title evidence acceptable for closing does not extinguish Seller's obligations to give358
merchantable title to Buyer.359
Property Address: _________________________________________________________________________________________________________Page 7 of 9, WB-11
■ SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced prior 360
to the date of this Offer shall be paid by Seller no later than closing. All other special assessments shall be paid by 361
Buyer. 362
CAUTION: Consider a special agreement if area assessments, property owners association assessments, special 363
charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are 364
one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments) 365
relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all 366
sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact 367
fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f). 368
EARNEST MONEY 369
■ HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker 370
(Buyer's agent if Property is not listed or Seller's account if no broker is involved), until applied to the purchase price or 371
otherwise disbursed as provided in the Offer. 372
CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the 373
Parties or an attorney. If someone other than Buyer makes payment of earnest money, consider a special 374
disbursement agreement. 375
■ DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after 376
clearance from payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest money. 377
At closing, earnest money shall be disbursed according to the closing statement. If this Offer does not close, the earnest 378
money shall be disbursed according to a written disbursement agreement signed by all Parties to this Offer. If said 379
disbursement agreement has not been delivered to broker within 60 days after the date set for closing, broker may disburse 380
the earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller; 381
(2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; or (4) 382
any other disbursement required or allowed by law. Broker may retain legal services to direct disbursement per (1) or to file an 383
interpleader action per (2) and broker may deduct from the earnest money any costs and reasonable attorneys fees, not to 384
exceed $250, prior to disbursement. 385
■ LEGAL RIGHTS/ACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in 386
relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to 387
disbursement per (1) or (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or 388
Seller disagree with broker's proposed disbursement, a lawsuit may be filed to obtain a court order regarding disbursement. 389
Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of residential property with 1-4 390
dwelling units and certain other earnest money disputes. Buyer and Seller should consider consulting attorneys regarding their 391
legal rights under this Offer in case of a dispute. Both Parties agree to hold the broker harmless from any liability for good faith 392
disbursement of earnest money in accordance with this Offer or applicable Department of Regulation and Licensing 393
regulations concerning earnest money. See Wis. Admin. Code Ch. RL 18. 394
INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a part of 395
this Offer. An “inspection” is defined as an observation of the Property which does not include an appraisal or testing of the 396
Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel source, 397
which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or building 398
materials from the Property and the laboratory or other analysis of these materials. Seller agrees to allow Buyer’s inspectors, 399
testers and appraisers reasonable access to the Property upon advance notice, if necessary to satisfy the contingencies in 400
this Offer. Buyer and licensees may be present at all inspections and testing. Except as otherwise provided, Seller’s 401
authorization for inspections does not authorize Buyer to conduct testing of the Property. 402
NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of the 403
test, (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any other 404
material terms of the contingency. 405
Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed 406
unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to Seller. 407
Seller acknowledges that certain inspections or tests may detect environmental pollution which may be required to be reported 408
to the Wisconsin Department of Natural Resources. 409
Page 8 of 9, WB-11
INSPECTION CONTINGENCY: This contingency only authorizes inspections, not testing (see lines 395-409). This 410
Offer is contingent upon a Wisconsin registered home inspector performing a home inspection of the Property which discloses 411
no Defects. This Offer is further contingent upon a qualified independent inspector or independent qualified third party 412
performing an inspection of _____________________________________________________________________________ 413
_____________________________________________ (list any Propert y component(s) to be separately inspected, e.g., 414
swimming pool, roof, foundation, chimney, etc.) which discloses no Defects. Buyer shall order the inspection(s) and be 415
responsible for all costs of inspection(s). Buyer may have follow-up inspections recommended in a written report resulting 416
from an authorized inspection, provided they occur prior to the deadline specified at line 421. Inspection(s) shall be performed 417
by a qualified independent inspector or independent qualified third party. 418
CAUTION: Buyer should provide sufficient time for the home inspection and/or any specialized inspection(s), as well 419
as any follow-up inspection(s). 420
This contingency shall be deemed satisfied unless Buyer, within ________ days of acceptance, delivers to Seller a copy of the 421
written inspection report(s) and a written notice listing the Defect(s) identified in those report(s) to which Buyer objects (Notice 422
of Defects). 423
CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement. 424
For the purposes of this contingency, Defects (see lines 182-184) do not include structural, mechanical or other conditions the 425
nature and extent of which Buyer had actual knowledge or written notice before signing this Offer. 426
■ RIGHT TO CURE: Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have a right to cure the Defects. If 427
Seller has the right to cure, Seller may satisfy this contingency by: (1) delivering written notice to Buyer within 10 days of 428
Buyer's delivery of the Notice of Defects stating Seller’s election to cure Defects; (2) curing the Defects in a good and 429
workmanlike manner; and (3) delivering to Buyer a written report detailing the work done within 3 days prior to closing. This 430
Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and: (1) 431
Seller does not have a right to cure or (2) Seller has a right to cure but: (a) Seller delivers written notice that Seller will not cure 432
or (b) Seller does not timely deliver the written notice of election to cure. 433
ADDENDA: The attached __________________________________________________ is/are made part of this Offer. 434
ADDITIONAL PROVISIONS/CONTINGENCIES ____________________________________________________________ 435
_____________________________________________________________________ _______________________________ 436
_____________________________________________________________________ _______________________________ 437
____________________________________________________________________________________________________ 438
_____________________________________________________________________ _______________________________ 439
_____________________________________________________________________ _______________________________ 440
_____________________________________________________________________ _______________________________ 441
_____________________________________________________________________ _______________________________ 442
This Offer was drafted by [Licensee and Firm] _______________________________________________________________ 443
_____________________________________________________________ on __________________________________. 444
(x) _________________________________________________________________________________________________ 445
Buyer’s Signature▲ Print Name Here► Date▲ 446
(x) _________________________________________________________________________________________________ 447
Buyer’s Signature▲ Print Name Here► Date▲ 448
EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 10 of the above Offer. 449
________________________________________________ Broker (By) _________________________________________ 450
SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER 451
SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY 452
ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS 453
OFFER. 454
(x) _________________________________________________________________________________________________ 455
Seller’s Signature▲ Print Name Here► Date▲ 456
(x) _________________________________________________________________________________________________ 457
Seller’s Signature▲ Print Name Here► Date▲ 458
This Offer was presented to Seller by [Licensee and Firm] _____________________________________________________ 459
__________________________________________ on __________________________ at ________________ a.m./p.m. 460
This Offer is rejected _____________ _________ This Offer is countered [See attached counter] _____________ _________ 461
Seller Initials▲ Date▲ Seller Initials▲ Date▲ 462
Property Address: _________________________________________________________________________________________________________Page 9 of 9, WB-11
