©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
BUY AND SELL AGREEMENT FOR VACANT LAND
Office of _______________________________________________________________________________________________________, REALTOR
®
_______________________________________ (city), Michigan Phone: __________________________ Fax: __________________________
Email: __________________________________________________________________ Date: ________________________, _____________(time)
1. The undersigned Buyer and Seller each acknowledge the REALTOR
®
named above is acting as (choose one):
Agent of Seller Agent of Buyer Dual Agent (with written, informed consent of both Buyer and Seller)
Other (specify) : _________________________________________
2. Buyer’s Offer. The undersigned Buyer offers and agrees to purchase the property located in the ______________________________ of
______________________________________________________, ________________________________ County, Michigan, commonly known as
______________________________________________________________________________________________________________________,
Permanent Parcel Number ______________________________________________________________________ and legally described as follows:
______________________________________________________________________________________
______________________________________________________________________________________
(the “Land”) together with all fixtures and improvements situated on the Land (the “Improvements”), all of which is collectively referred to herein as the
“Property”, except the following:
______________________________________________________________________________________________________________________
3. Purchase Price. The purchase price for the Property is:
_________________________________________________________________________________________________________________Dollars
($______________________________).
4. Terms of Payment shall be as indicated by “X” below (other unmarked terms of purchase do not apply).
Cash. Buyer shall pay the full purchase price to Seller upon execution and delivery of a warranty deed and performance by Seller of the closing
obligations specified herein.
New Mortgage. Buyer shall pay the full purchase price to Seller upon execution and delivery of a warranty deed and performance by Seller of the
closing obligations specified herein, contingent upon Buyer’s ability to obtain a _____________________________ type ______________ year
mortgage loan in the amount of $_____________________________________ bearing interest at a rate no greater than _______________%
per annum. Buyer shall apply for the mortgage loan immediately and accept it promptly if tendered. If Buyer does not deliver to Seller on or
before ___________________________________(date), proof that Buyer has accepted a mortgage loan commitment, Seller may thereafter at
any time treat this contingency as not having been satisfied and terminate this Agreement by written notice to Buyer, unless Buyer has previously
either satisfied or waived this contingency in writing.
Land Contract Purchase Money Mortgage. Buyer shall pay the full purchase price to Seller pursuant to the terms and conditions stated
in a ________________________________ Land Contract form or a Purchase Money Mortgage form upon performance by Seller of the closing
obligations specified herein. The Land Contract or Purchase Money Mortgage shall provide a down payment of
$___________________________ and payment of the balance in monthly installments of $ __________________________ or more, at Buyer’s
option, including interest at the rate of _____________________% per annum computed monthly, interest to start on date of closing, and first
payment to become due ___________________ days after date of closing. The entire unpaid balance will become due and payable
____________________________ months after closing. Seller understands that consummation of the sale or transfer of the Property shall not
relieve Seller of any liability that Seller may have under the mortgage(s) to which the Property are subject, unless otherwise agreed to by the
lender or required by law or regulation.
Additional Provisions:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Survey. A new recertified existing boundary survey with iron corner stakes and with all easements of record, improvements, and
encroachments (if any); and/or ALTA survey showing all easements of record, improvements, and encroachments, if any, shall be provided by
Buyer Seller within ____ calendar days after the later to occur of (i) the title insurance commitment referenced in Section 6 below is
delivered to the party responsible for the survey; and (ii) Buyer’s right to terminate under Section 7 below is waived or deemed to have been waived.
All survey(s) and recertifications provided for hereunder shall be paid for by Buyer Seller. If the survey reveals a matter that materially and
adversely affects the value of the Property or Buyer’s intended use of the Property, Buyer shall have the right to terminate this Agreement by giving
Seller written notice within _______________ (_______) calendar days after copies of both the survey and title commitment referenced in Section 6
below are delivered to Buyer, otherwise Buyer’s right to terminate this Agreement pursuant to this Section shall be deemed to have been waived.
Other:
______________________________________________________________________________________
______________________________________________________________________________________
Buy and Sell Agreement for Vacant Land Page 2 of 7
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
6. Title Insurance. At Seller's expense, Seller shall provide Buyer with a standard ALTA owner's policy of title insurance in the amount of the purchase
price, effective as of the date of closing. A commitment to issue such policy insuring marketable title (as defined in Section 11 below) vested in
Buyer, including a tax status report, shall be ordered within seven (7) calendar days after the Effective Date of this Agreement, and shall be delivered
as soon as feasible thereafter. If any matter disclosed by the title commitment adversely and materially affects the value of the Property or Buyer’s
intended use of the Property, Buyer shall have the right to terminate this Agreement by giving Seller written notice within ____________ (______)
calendar days after copies of both the title commitment and survey referenced in Section 5 above are delivered to Buyer, otherwise Buyer’s right to
terminate this Agreement pursuant to this Section shall be deemed to have been waived. A matter disclosed on the title commitment that is in the
form of a lien that is liquidated in amount and that can be readily discharged (such as a mortgage) shall not be grounds for termination of this
Agreement by Buyer under this Section so long as Seller discharges such lien(s) at the closing. Other:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
7. Inspections/Due Diligence. By signing this Agreement, Buyer is representing that Buyer is aware that inspection services are commercially
available. Buyer has elected to arrange and pay for the following inspections and/or confirm the following information:
No Inspections Soil Borings Zoning Utilities Other (specify):
______________________________________________________________________________________
______________________________________________________________________________________
After the Effective Date of this Agreement, Buyer shall have the right to enter upon the Property for the purposes of conducting the above-noted due
diligence; provided, however, that such inspections shall not interfere with the rights of tenants in possession. Buyer shall indemnify and hold Seller
harmless from and against any damages to persons or property caused by Buyer or Buyer’s agents in conducting said due diligence. Buyer shall
have the right to terminate this Agreement if the due diligence results are not acceptable to Buyer by giving Seller written notice within ___________
calendar days after the Effective Date of this Agreement, otherwise the right to terminate shall be deemed to have been waived. Buyer agrees that
Buyer is not relying on any representation or statement made by Seller or any real estate salesperson regarding any aspect of the Property or this
sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller. Accordingly, Buyer agrees to accept the Property “as is” and “with all faults” except as otherwise expressly provided in
the documents specified in the preceding sentence. Other:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
8. Governmental Approvals. This Agreement is contingent upon Buyer’s obtaining the following approvals from the appropriate governmental entity
(choose all applicable): Rezoning Special Use Permit Site Plan Approval Not Applicable Other (specify):
______________________________________________________________________________________
______________________________________________________________________________________
In the event Buyer does not waive this contingency on or before ___________________ (date), Seller may terminate this Agreement by providing
written notice to Buyer at any time thereafter prior to receipt of Buyer’s waiver of this contingency.
9. Closing Adjustments. The following adjustments shall be made between the parties as of the close of business on the closing date, with Buyer
receiving a credit or assuming responsibility, as the case may be, for amounts attributable to time periods following the closing date:
a. Prepaid rent;
b. Interest on any existing indebtedness assumed by Buyer;
c. Utility deposits;
d. Security deposits;
e. Additional Rent (as defined below).
If any tenant is late, delinquent or otherwise in default in the payment of rent on the closing date, Seller shall assign to Buyer the claim for and the
right to collect the rent; Buyer shall pay such past due rent to Seller promptly upon receipt, but Buyer shall not be obligated to file suit to collect such
rent and shall reassign the claim to Seller on demand. If any tenants are required to pay charges for real estate taxes, insurance or other charges of a
similar nature (“Additional Rent”), such amounts shall be allocated between the parties pursuant to the terms of the applicable leases. If any
Additional Rent is collected by Buyer after closing which is attributable in whole or in part to any period prior to closing, Buyer shall promptly pay to
Seller Seller’s proportionate share of the Additional Rent. Other:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Buy and Sell Agreement for Vacant Land Page 3 of 7
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
10. Property Taxes. Real property taxes will be prorated as follows (choose one):
No proration:
Seller shall pay taxes billed prior to and including the ____________________________ tax bill.
Buyer shall pay taxes billed starting with the _____________________________ tax bill.
Real property taxes shall be deemed to cover the calendar year in which they are first billed. Tax bills issued for years prior to the year of
closing shall be paid by Seller. Tax bills issued, or to be issued, in the year of closing shall be prorated so that Seller shall be charged from the
first of the year to the closing date, and Buyer will be charged for the balance of the year, including the date of closing. If any bill for taxes
proratable hereunder is not issued as of the closing date, the then current taxable value and tax rate and any administrative fee will be
substituted and prorated.
Taxes shall be prorated with Seller paying to but not including the day of closing assuming that taxes are paid on a due date basis:
In advance In arrears
Other:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
11. Special Assessments (choose one):
Seller shall pay all special assessments which have become a lien on the Property prior to the date of closing, whether due in installments or
otherwise.
Seller shall pay all special assessments which have become a lien on the Property prior to the date of closing, provided, however, that in the
event a special assessment is payable in installments, Seller shall only be responsible for those installments covering the years prior to the
year of closing, and Buyer shall be responsible for all installments covering all years after the year of closing. Installments of special
assessments covering the year of closing shall be prorated using the same method set forth in Section 9 for the proration of real estate taxes.
Other:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
12. Conveyance. Upon performance by Buyer of the closing obligations specified herein, Seller shall convey marketable title to the Property to Buyer
by warranty deed, by land contract or assignment, as required by Section 4 above, including oil, gas, and other mineral rights, subject only to
building and use restrictions, easements, and restrictions of record, if any. As used herein, “marketable title” means marketable title within the
meaning of the Michigan 40-Year Marketable Title Act (Mich. Comp. Laws §§ 565.101 et seq.).
The following paragraph applies only if the Property includes unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) ______________________division(s) under Section 108(2), (3), and (4) of
the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder
of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller
and/or REALTOR
®
do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations
under this Agreement are contingent on Seller’s receipt of municipal approval, on or before _______________________________________ (date),
of the proposed division to create the Property.
Other:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
13. Warranties of Buyer. Except as otherwise provided or acknowledged in this Agreement, Buyer represents and warrants to Seller as follows:
a. The performance of the obligations of Buyer under this Agreement will not violate any contract, indenture, statute, ordinance, judicial or
administrative order or judgment applicable to Buyer .
b. There is no litigation or proceeding pending, or to Buyer’s knowledge threatened, against or involving Buyer, and Buyer does not know or have
reason to know of any ground for any such litigation or proceeding, which could have an adverse impact on Buyer’s ability to perform under this
Agreement.
c. In entering into this Agreement, Buyer has not relied upon any written or verbal representations made by Seller or any representative of Seller,
including any real estate salesperson, regarding the Property or any aspect of this transaction, which are not expressly set forth in this
Agreement.
d. Other:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Buy and Sell Agreement for Vacant Land Page 4 of 7
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
14. Warranties of Seller. Except as otherwise provided or acknowledged in this Agreement, Seller represents and warrants to, and agrees with Buyer
as follows:
a. Seller's interest in the Property shall be transferred to Buyer on the closing date, free from liens, encumbrances other than as disclosed in the title
commitment and not objected to by Buyer pursuant to Section 6 hereof and claims of others.
b. The performance of the obligations of Seller under this Agreement will not violate any contract, indenture, statute, ordinance, judicial or
administrative order or judgment applicable to Seller or the Property.
c. There is no litigation or proceeding pending or to Seller's knowledge threatened, against or involving Seller or the Property, and Seller does not
know or have reason to know of any ground for any such litigation or proceeding which could have an adverse impact on Seller’s ability to
perform under this Agreement or that could affect Buyer's title to or use of the Property
d. Seller shall continue to maintain the Property in good condition and repair during the interim between the signing of this Agreement and the
closing date.
e. The information concerning written leases and any tenancies not arising out of written leases described in Exhibit A is accurate as of the Effective
Date of this Agreement, and there are no leases or tenancies with respect to the Property other than those described in Exhibit A (the “Leases”).
Except as otherwise described in Exhibit A:
(1) All of the leases are in full force and effect, no party thereto is in material default thereunder, and none of them have been modified,
amended or extended;
(2) No renewal or extension options have been granted to tenants;
(3) No tenant has an option to purchase the Property;
(4) The rents set forth are being collected on a current basis and there are no arrearages in excess of one month;
(5) There are no security deposits, and
(6) No real estate brokerage commission will become owing in the event of any tenant’s exercise of any existing option to renew the term of any
lease or purchase of the Property.
f. With respect to underlying land contracts or mortgages, the sale will not accelerate indebtedness, increase interest rates, or impose penalties and
sanctions.
g. Seller is without personal knowledge as to the presence on the Property of any toxic or hazardous substances or of any underground storage
tanks.
h. Other:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
15. Damage to Property/Eminent Domain. If between the Effective Date of this Agreement and the closing date, all or any part of the Property is
damaged by fire or natural elements, Seller shall immediately notify Buyer of such occurrence and provide an estimate as to the cost of restoring
the Property. Thereafter, at Buyer’s election (a) Seller shall promptly restore the Property; or (b) Buyer shall receive a credit at closing equal to the
amount of Seller’s estimate for restoration.
In the event prior to closing, Seller shall receive notice that any part of the Property is being taken pursuant to any power of eminent domain, Seller
shall immediately notify Buyer of such occurrence and either Seller or Buyer may terminate this Agreement by written notice to the other within
fifteen (15) days after the date of the notice. If neither party elects to terminate this Agreement, there shall be no reduction of the purchase price
and at closing, Seller shall assign to Buyer whatever rights Seller may have with respect to any eminent domain award.
16. Closing. The closing shall be held within ____ calendar days after all contingencies have been waived or satisfied. An additional period of thirty
(30) days shall be allowed for closing to accommodate correction of title defects and/or survey problems which have been properly identified
pursuant to Section 5 or 6 hereof and which are readily correctible.
17. Possession. Seller shall tender to Buyer possession of the Property upon completion of the closing, subject to all existing leases and rights of
tenants in possession. Other:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
18. Seller’s Closing Obligations. At closing, Seller shall deliver the following to Buyer:
a. The warranty deed, land contract or assignment of land contract required by Section 4 of this Agreement.
b. A written assignment by Seller of Seller’s interest in all leases and a transfer to Buyer of all security deposits, accompanies by the original or a
true copy of each lease, as well as a notice to any tenants advising the tenants of the sale and directing that future payments be made to Buyer.
c. Any other documents required by this Agreement to be delivered by Seller.
d. An accounting of operating expenses including, but not limited to, CAM, taxes, insurance, and Additional Rent, collected in advance or arrears,
spent or not yet spent by Seller, showing an accurate allocation between the parties pursuant to the leases.
e. Other:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
19. Buyer’s Closing Obligations. At closing, Buyer shall deliver to Seller the following:
a. The cash portion of the purchase price specified in Section 4 above shall be paid by cashier’s check or other immediately available funds, as
adjusted by the apportionments and assignments in accordance with this Agreement.
b. A written assumption by Buyer of the obligations of Seller under the leases arising after closing, including an acknowledgment of the receipt of all
security deposits.
c. Any other documents required by this Agreement to be delivered by Buyer.
Buy and Sell Agreement for Vacant Land Page 5 of 7
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
20. 1031 Tax Deferred Exchange. Upon either party’s request, the other party shall cooperate and reasonably assist the requesting party in
structuring the purchase and sale contemplated by this Agreement as part of a tax deferred, like-kind exchange under Section 1031 of the Internal
Revenue Code of 1986, as amended; provided, however, that in connection therewith, the nonrequesting party shall not be required to (a) incur any
additional costs or expenses; (b) take legal title to additional real property (i.e., the requesting party’s “replacement property” or relinquished
property”); or (c) agree to delay the closing.
21. Notices. Unless otherwise stated in this Agreement, a notice required or permitted by this Agreement shall be sufficient if in writing and either
delivered personally or by certified mail or other form of documentable delivery addressed to the parties at their addresses specified in the proximity
of their signatures below, and any notices given by mail shall be deemed to have been given as of the date of the postmark.
22. Additional Acts. Buyer and Seller agree to execute and deliver such additional documents and perform such additional acts as may become
necessary to effectuate the transfer contemplated by this Agreement.
23. Authority of the Parties. Each of the undersigned individuals who have signed this Agreement on behalf of Seller and Buyer entities represent
and warrant that he/she is authorized to sign this Agreement on behalf of such party and to bind such party to the requirements of this Agreement.
24. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the sale of the Property. All contemporaneous or
prior negotiations have been merged into this Agreement. This Agreement may be modified or amended only by written instrument signed by the
parties to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.
For purposes of this Agreement, the phrase “Effective Date of this Agreement” shall be the date upon which this Agreement is fully executed
pursuant to Section 33 or 34 below, whichever may apply.
25. Earnest Money. Buyer gives ______________________________________________________, REALTOR
®
, ________________ days to obtain
the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding agreement between Buyer and
Seller. Buyer shall deposit $________________________________________________________________ with REALTOR
®
with this offer;
within ___________ calendar days after acceptance of this offer, evidencing Buyer's good faith, to be held by the REALTOR
®
and to apply on
the purchase price or the down payment portion thereof where applicable. If this offer is not accepted or the title is not marketable or if the purchase
is contingent upon conditions specified which cannot be met, this deposit shall be promptly refunded. If Buyer defaults, all deposits made may be
forfeited as liquidated damages at Seller’s election or, alternatively, Seller may retain the deposits as part payment of the purchase price and pursue
Seller’s legal or equitable remedies against Buyer. If the sale is not closed according to its terms, the REALTOR
®
may notify Buyer and Seller of
REALTOR
®
’s intended disposition of the earnest money deposit, and all parties shall be deemed to have agreed to the disposition of the earnest
money deposit unless REALTOR
®
receives written notification within seven (7) calendar days.
26. Disclosure of Price and Terms. The purchase price and the terms of this sale may be disclosed to Associations of REALTORS
®
, multiple listing
services and/or commercial property information exchanges. Deletion of this Section shall not be considered a counter offer which would require a
counter acceptance.
27. Credit Reports. Buyer consents that, if not otherwise prohibited, the REALTOR
®
may give Seller information about Buyer contained in a credit
report which may be furnished to the REALTOR
®
by a reporting agency.
28. Advice of Counsel. Buyer acknowledges that the REALTOR
®
has recommended that Buyer retain an attorney to pass upon the marketability of
title, to ascertain that the terms of the sale are adhered to before the transaction is closed and to advise with respect to the Notice referenced in
Paragraph 29 hereof.
29. Environmental.
a. Notice to sellers, buyers, landlords and tenants (environmental risks).
Whenever property is acquired or occupied, Buyer incurs some degree of risk with regard to potential environmental contamination and/or
protected natural resources on the property. Various federal, state and local laws may impose liability upon Buyer for the remediation of the
contamination even though Buyer did not cause it, or may restrict Buyer’s ability to fully develop or utilize the property. Such risk can be
minimized through the performance of environmental due diligence.
No real estate broker/salespersons in this transaction possess the expertise necessary to assess the nature or extent of these environmental
risks or to determine the presence of environmental contamination or protected natural resources. The real estate broker/salespersons involved
in this transaction do not make independent investigations as to environmental contamination or protected natural resources with respect to any
property, and they make no representations regarding the presence or absence, now or in the past, of environmental contamination. It is
therefore prudent for each party to this transaction to seek legal and technical counsel from professionals experienced in environmental matters
to provide an evaluation of the environmental risks associated with the transaction.
b. Environmental reports and assessments.
(1) Seller shall provide copies of any existing Environmental Assessments or reports involving the Property within ___________ calendar days
after the Effective Date of this Agreement.
(2) At Buyer’s option, Buyer shall be given access to the Property during normal business hours to perform an ASTM E1528 Transaction
Screen or an ASTM E1527 Phase I Site Assessment (individually or collectively the “Environmental Assessment”). Buyer shall pay
__________________% and Seller shall pay _________________% of the cost of the Environmental Assessment. The Environmental
Assessment shall be ordered by the Buyer Seller. The Environmental Assessment shall be completed within
___________________ calendar days after the Effective Date of this Agreement and shall be certified to
______________________________________________.
(3) If an Environmental Assessment of the Property reveals recognized environmental conditions as defined by ASTM, then Buyer shall have
the right to:
(a) terminate this Agreement within ______________ calendar days after receipt of the Environmental Assessment report; or
(b) provide Seller with the Environmental Addendum to Buy and Sell Agreement (Seller’s refusal to execute the Environmental Addendum
within ______________ days shall, at Buyer’s option, terminate this Agreement); or
(c) proceed with the purchase.
Buy and Sell Agreement for Vacant Land Page 6 of 7
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
(4) For residential housing units, Seller will attach either Seller’s acknowledgment Form Concerning Lead-Based Paint or a Lead-Based Paint
Seller’s Disclosure form, depending on whether the improvements were built prior to 1978 or 1978 or later.
c. Nondisclosure.
If Buyer exercises its right to terminate this Agreement pursuant to subsection b. above, Buyer shall not disclose its Environmental Assessment
report(s) to any third-party. At Seller’s request, Buyer shall provide copies of any Environmental Assessment report(s) to Seller.
d. Other:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
30. Other Provisions.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
31. Index of Exhibits
Not Applicable
Attached
Seller to Furnish
Subject
Written leases and any tenancies not arising out of written leases.
As to any “Seller to furnish” items(s) listed above, Buyer shall have the right to terminate this Agreement if any such item is not acceptable to Buyer
by giving Seller written notice within ___________________ calendar days after receipt of such item(s), otherwise the right to terminate this
Agreement pursuant to this Section shall be deemed to have been waived.
32. By signing below, Buyer acknowledges having read and received a copy of this Agreement.
Witness: _______________________________________
Entity: ________________________________________________________
Buyer’s Address: _______________________________
_______________________________________________
By: ________________________________________________________
(Note: Please sign as you wish your name to appear on the final papers.
Printed name of Signatory: ________________________________________
Its: ________________________________________________________
Bus. Phone: ________________________Fax: ______________________
E-Mail: ________________________________________________________
Buy and Sell Agreement for Vacant Land Page 7 of 7
SELLER’S ACCEPTANCE
Date: ___________________________________, _______________ (time)
33. The above offer is hereby accepted:
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
By signing below, Seller acknowledges having read and received a copy of this Agreement. If Agreement is signed by Seller without any
modification, this becomes the Effective Date of this Agreement.
Seller gives REALTOR
®
above named until ___________________________ (time) __________________________________________ (date), to
obtain Buyer’s written acceptance of counter offer, if any.
Witness: ________________________________________
Entity: ________________________________________________________
Seller’s Address: _________________________________
By: ________________________________________________________
(Note: Please sign as you wish your name to appear on the final papers.)
______________________________________________
Printed name of Signatory: ________________________________________
Its: ___________________________________________________________
Bus. Phone: ________________________Fax: ______________________
E-Mail: ________________________________________________________
BUYER’S RECEIPT OF ACCEPTANCE
Date: ___________________________________, _______________(time)
34. Buyer acknowledges receipt of Seller’s acceptance of Buyer’s offer. If the acceptance was subject to changes from Buyer’s offer, Buyer agrees to
accept those changes, all other terms and conditions remaining unchanged. If this Agreement is signed by Buyer without any modification, this
becomes the Effective Date of this Agreement.
Witness: ________________________________________
Buyer: ________________________________________________________
SELLER’S RECEIPT OF ACCEPTANCE
Date: ___________________________________, _______________(time)
35. Seller acknowledges receipt of a copy of Buyer’s acceptance of the counter-offer (if Seller made a counter-offer).
Witness: ________________________________________
Seller: ________________________________________________________
©
2005 Commercial Alliance of REALTORS
®
, all rights reserved, distributed
under license by Michigan Association of REALTORS
®
, through MiCAR,
its commercial services division.
Seller’s Initials
Buyer’s Initials
Disclaimer: This form is provided as a service of the Michigan Association of REALTORS®. Please review both the form
and details of the particular transaction to ensure that each section is appropriate for the transaction. The Michigan
Association of REALTORS® is not responsible for use or misuse of the form, for misrepresentation, or for warranties made
in connection with the form.