LOUISIANA RESIDENTIAL AGREEMENT TO BUY OR SELL
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Delivered by Designated Agent toDay Date Time AM/PM
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Comments
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1
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3Date: _________________________________
5PROPERTY DESCRIPTION: I/We offer and agree to Buy/Sell the property at:
6(Municipal Address) __________________________________________________________________________
7City ______________________________; Zip _______________; Parish ______________________; Louisiana,
8(Legal Description)___________________________________________________________________________
9__________________________________on lands and grounds measuring approximately __________________
10or as per record title; including all buildings, structures, component parts, and all installed, built-in, permanently
11attached improvements, together with all fences, security systems, all installed speakers or installed sound
12systems, all landscaping, all outside TV antennas, all satellite dishes, all installed and/or built-in appliances, all
13ceiling fans, all air conditioning or heating systems including window units, all bathroom mirrors, all window
14coverings, blinds and associated hardware, all shutters, all flooring, all carpeting, all cabinet tops, all cabinet
15knobs or handles, all doors, all door knobs or handles, all windows, all roofing, all electrical systems, and all
16installed lighting fixtures, chandeliers and associated hardware, other constructions permanently attached to the
17ground. If owned by the SELLER prior to date of this Agreement, standing timber, unharvested crops and
18ungathered fruits of trees on the property shall be conveyed to the BUYER. The following movable items here
19remain with the property, but are not to be considered as part of the Sale Price and have no value: __________
20__________________________________________________________________________________________
21__________________________________________________________________________________________
22__________________________________________________________________________________________.
23All items listed herein are included in the property sold no matter how they are attached or installed, provided that
24 any or all of these items are in place at the time of signing of this Agreement to Buy or Sell (the
25“Agreement”),unless otherwise stated herein. (All of the above contained in lines 5 through 22 are collectively
26 referred to herein as the “Property.”) The following items are excluded from the Property sold:
27__________________________________________________________________________________________
28__________________________________________________________________________________________.
BUYER’S Initials _____ _____ |
Page 1 of 9 |
SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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29MINERAL RIGHTS: If the SELLER transfers any mineral rights, they are to be transferred without warranty.
30________% mineral rights owned by the SELLER are to be reserved by the SELLER and the SELLER shall waive
31any right to use the surface for any such reserved mineral activity or use.
32
33PRICE: The Property will be sold and purchased subject to title and zoning restrictions, servitudes of record, and
34law or ordinances affecting the Property for the sum of ______________________________________________
35________________________________________________Dollars ($___________________) (the “Sale Price”).
37ACT OF SALE: The Act of Sale is to be executed before a settlement agent or Notary Public to be chosen by the
38BUYER, on _________________________, 20_____, or before if mutually agreed upon. Any change of the date
39for execution of the Act of Sale must be mutually agreed upon in writing and signed by the SELLER and the
40BUYER. At closing, the BUYER must provide "good funds" as required by Louisiana statute LA R.S. 22:22.512 et
41seq.
43OCCUPANCY: Occupancy/possession and transfer of keys/access is to be granted at Act of Sale unless mutually
44agreed upon in writing.
46CONTINGENCY FOR SALE OF BUYER’S OTHER PROPERTY:
47� This sale is contingent on the sale of other property by the BUYER and the contingency language found
48either in lines 302-307 or the attached addendum shall apply.
49� This sale is not contingent upon the sale of other property by the BUYER nor is the loan needed by the
50BUYER to obtain the Sale Price contingent on the BUYER’S sale of any property.
51
52FINANCING:
53� ALL CASH SALE: The BUYER warrants the BUYER has cash readily available to close the sale of this
54Property.
55� FINANCED SALE: This sale is conditioned upon the ability of BUYER to borrow with this Property as
56security
57for the loan the sum of $__________________________________________________ or _____% of the Sale
58Price by a mortgage loan or loans at an initial interest rate not to exceed _____% per annum, interest and
59principal, amortized over a period of not less than _____ years, payable in monthly installments or on any other
60terms as may be acceptable to the BUYER provided that these terms do not increase the cost, fees or expenses
61to the SELLER. The loan shall be secured by (Check all that apply):
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� Fixed Rate Mortgage |
� FHA Insured Mortgage |
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� Adjustable Rate Mortgage |
� Owner Financing |
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� Rural Development |
� Bond Financing |
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� VA Guaranteed Mortgage |
� Conventional Mortgage |
66� Other _____________________________________
68The BUYER agrees to pay discount points not to exceed _____% of the loan amount.
69Other financing conditions: ____________________________________________________________________
70__________________________________________________________________________________________
72The BUYER acknowledges and warrants that the BUYER has available the funds which may be required to
73complete the sale of the Property including, but not limited to, the deposit, the down payment, closing costs, pre-
74paid items, and other expenses. If this sale is a Financed Sale, BUYER acknowledges that any terms and
75conditions imposed by BUYER’S lender(s) or by Consumer Financial Protection Bureau Requirements shall not
BUYER’S Initials _____ _____ |
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SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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76affect or extend the BUYER’S obligation to execute the Act of Sale or otherwise affect any terms or conditions of
77this Agreement except as otherwise set forth herein. The BUYER shall supply the SELLER written documentation
78from a lender that a loan application has been made and the BUYER has given written authorization to lender to
79proceed with the loan approval process within (____) calendar days after the date of acceptance of this offer by
80both parties. If the BUYER fails to make loan application, and to supply SELLER with written documentation of
81that application and BUYER’S written authorization for lender to proceed with loan process within this period, the
82SELLER may, at the SELLER’S option, elect, in writing, to terminate the Agreement and declare the Agreement
83null and void, by giving the BUYER written notice of the SELLER’S termination. In the event the BUYER is not
84able to secure financing, the SELLER reserves the right to provide all or part of mortgage loan(s) under the terms
85set forth above.
86
87PRORATIONS/OTHER COSTS: Real estate taxes, flood insurance premium if assumed, rents, condominium
88dues, assessments, and/or other dues owed to homeowners associations and the like for the current year are to
89be prorated through the date of the Act of Sale. Act of Sale costs, abstracting costs, title search, title insurance
90and other costs required to obtain financing, shall be paid by the BUYER, unless otherwise stated herein. All
91necessary tax, mortgage, conveyance, release certificates or cancellations and the SELLER closing fees, if any,
92shall be paid by the SELLER. The SELLER shall pay all previous years’ taxes, assessments, condominium dues,
93and/or dues owed to homeowners associations and the like. All special assessments bearing against the Property
94prior to Act of Sale, other than those to be assumed by written agreement, as of the date of the Act of Sale, are to
95be paid by the SELLER.
96
97APPRAISAL: � This sale is NOT conditioned on appraisal. � This sale IS conditioned on the appraisal of the
98Property being not less than the Sale Price. The SELLER agrees to provide the utilities for appraisals and access.
99If the appraised value of the Property is equal to or greater than the Sale Price, the BUYER shall pay the Sale
100Price agreed upon prior to the appraisal. If the appraised value is less than the Sale Price, the BUYER shall
101provide the SELLER with a copy of the appraisal within __________ (____) calendar days of receipt of same,
102along with the BUYER’S written request for the SELLER to reduce the Sale Price. Within __________ (____)
103calendar days after the SELLER’S receipt of such written documentation of the appraised value, the BUYER shall
104have the option to pay the Sale Price agreed upon prior to the appraisal or to void this Agreement unless the
105SELLER agrees in writing to reduce the Sale Price to the appraised value or all parties agree to a new Sale Price.
107DEPOSIT: Upon acceptance of this offer, or any attached counter offer, the SELLER and the BUYER shall be
108bound by all terms and conditions of this Agreement, and the BUYER or the BUYER’S agent shall deliver within
10972 hours, upon notice of acceptance of the offer, the BUYER’S deposit (the “Deposit”) in the amount of
110$___________________________ or _____% of the Sale Price to be paid in the form of:
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□ Cash $ |
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□ Certified Funds $ |
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□ Check $ |
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□ Electronic Transfer (EFT) $ |
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113The Deposit shall be held by. □ Listing Broker □ Selling Broker □ Third Party
DEPOSIT HELD BY THIRD PARTY: Louisiana Administrative Code Article Title 46, Part LXVII, Section 2717 requires that funds received in a real estate sales transaction shall be deposited in the appropriate sales escrow checking account, rental trust checking account or Deposit trust checking account of the listing or managing broker (“Broker”) unless all parties having an interest in the funds have agreed otherwise in writing. I agree to have the Deposit related to this transaction to be held by a third party and not in a sales escrow account maintained by the Broker. I understand that the Louisiana Real Estate Commission may not have jurisdiction over those third parties holding the funds. By signature below, I acknowledge that I have read the attached addendum and acknowledge the Broker is not legally required to disburse a Deposit in accordance with LAC 46:LXVII.2901 when a third party holds the Deposit.
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BUYER |
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SELLER |
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SELLER |
BUYER’S Initials _____ _____ |
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SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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114Failure to deliver the Deposit shall be considered a default of this Agreement. If the Deposit is held by a Broker, it
115must be held in accordance with the rules of the Louisiana Real Estate Commission in a federally insured banking
116or savings and loan institution without responsibility on the part of the Broker in the case of failure or suspension
117of such institution. In the event the parties fail to execute an Act of Sale by date specified herein, and/or a dispute
118arises as to ownership of, or entitlement to, the Deposit or funds held in escrow, the Broker shall abide by the
119Rules and Regulations set forth by the Louisiana Real Estate Commission.
120
121 RETURN OF DEPOSIT: The Deposit shall be returned to the BUYER and this Agreement declared null and void
122 without demand in consequence of the following events:
123 1) If this Agreement is declared null and void by the BUYER during the inspection and due diligence period as set 124 forth in lines 167 through 200 of this Agreement;
125
126 2) If this Agreement is subject to the BUYER’S ability to obtain a loan and the loan cannot be obtained, except as 127 stated in lines 72 through 85 of this Agreement, but only if the BUYER has made good faith efforts to obtain the 128 loan;
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130 3) If the SELLER declares the agreement null and void for failure of BUYER to comply with written document 131 requirements as set forth in lines 80 through 85.
132
1334) If the BUYER conditions the Sale Price on an appraisal and the appraisal is less than the Sale Price and the
134SELLER will not reduce the Sale Price as set forth in lines 97 through 105 of this Agreement;
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1365) If the BUYER timely terminates the Agreement after having received the leases or assessments, as set forth in
137lines 149 through 154 of this Agreement;
138
1396) If the SELLER is unable to timely deliver to the BUYER an approved sewerage and/or water inspection report
140as set forth in lines 202 through 211
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1427) If the SELLER chooses not to repair or replace the sewer system(s) as per the SEPTIC/WATER WELL
143ADDENDUM, and the BUYER terminates the agreement as a result thereof;
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1458) If the SELLER chooses not to repair or replace the private water well system(s) as per the SEPTIC/WATER
146WELL ADDENDUM, and the BUYER terminates the agreement as a result thereof;
147
148
149LEASES/SPECIAL ASSESSMENTS: The sale is conditioned upon the BUYER'S receipt of a copy of all written
150leases, excluding mineral leases, and unpaid special assessments from the SELLER within five (5) calendar days
151of acceptance of the Agreement. Special assessments shall mean an assessment levied on Property to pay the
152cost of local improvements imposed by local governmental/governing authority. The BUYER will have five (5)
153calendar days after receipt of the aforementioned documents to notify the SELLER whether they are acceptable
154to the BUYER. Security deposits, keys/access and leases are to be transferred to the BUYER at Act of Sale.
156NEW HOME CONSTRUCTION: If the property to be sold is completed new construction, under construction, or to
157be constructed, check one:
158□ A new home construction addendum, with additional terms and conditions, is attached.
159□ There is no new home construction addendum.
160
161INSPECTION AND DUE DILIGENCE PERIOD: The BUYER ACKNOWLEDGES THAT THE SALE PRICE OF
162THE PROPERTY WAS NEGOTIATED BASED UPON THE PROPERTY'S APPARENT CURRENT CONDITION;
163ACCORDINGLY, the SELLER IS NOT OBLIGATED TO MAKE REPAIRS TO THE PROPERTY, INCLUDING
164REPAIRS REQUIRED BY THE LENDER UNLESS OTHERWISE STATED HEREIN. THE SELLER IS
165RESPONSIBLE FOR MAINTAINING THE PROPERTY IN SUBSTANTIALLY THE SAME OR BETTER
166CONDITION AS IT WAS WHEN THE AGREEMENT WAS FULLY EXECUTED.
BUYER’S Initials _____ _____ |
Page 4 of 9 |
SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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167The BUYER shall have an inspection and due diligence period of (_____) calendar days, commencing the first
168day after acceptance of this Agreement wherein, the BUYER may, at the BUYER’S expense, have any
169inspections made by experts or others of his choosing. Such physical inspections may include, but are not limited
170to, inspections for termites and other wood destroying insects, and/or damage from same, molds, and fungi
171hazards, and analysis of synthetic stucco, drywall, appliances, structures, foundations, roof, heating, cooling,
172electrical, plumbing systems, utility and sewer availability and condition, out-buildings, and square footage. Other
173due diligence by the BUYER may include, but is not limited to investigation into the property’s school district,
174insurability, flood zone classifications, current zoning and/or subdivision restrictive covenants and any items
175addressed in the SELLER’S Property Disclosure Document. All testing shall be nondestructive testing. The
176SELLER agrees to provide the utilities for inspections and immediate access. Inspection period will be extended
177by the same number of days that the BUYER is not granted immediate access to the property or all utilities are
178not provided by the SELLER. If the BUYER is not satisfied with the condition of the Property or the results of the
179BUYER’S due diligence investigation, the BUYER may choose one of the following options within the inspection
180and due diligence period:
181
182Option 1: The BUYER may elect, in writing, to terminate the Agreement and declare the Agreement null and void;
183or
184Option 2: The BUYER may indicate in writing the deficiencies and desired remedies and the SELLER will within
185seventy two (72) hours respond in writing as to the SELLER’S willingness to remedy those deficiencies
186(“SELLER’S Response”).
187
188Should the SELLER in the SELLER’S Response refuse to remedy any or all of the deficiencies listed by the
189BUYER, then the BUYER shall have seventy-two (72) hours from the date of the SELLER'S Response or
190seventy-two (72) hours from the date that the SELLER'S Response was due, whichever is earlier, to: (a) accept
191the SELLER'S Response to the BUYER’S written requests or (b) accept the Property in its current condition, or (c)
192to elect to terminate this Agreement. The BUYER’S response shall be in writing. Upon the BUYER'S failure to
193respond to the SELLER’S Response by the time specified or the BUYER’S electing, in writing, to terminate this
194Agreement, the Agreement shall be automatically, with no further action required by either party, ipso facto null
195and void except for return of Deposit to the BUYER.
196
197FAILURE TO GIVE WRITTEN NOTICE OF EITHER TERMINATION OR DEFICIENCIES AND DESIRED
198REMEDIES TO THE SELLER (OR THE SELLER’S DESIGNATED AGENT) AS SET FORTH IN LINES 161
199THROUGH 180 WITHIN THE INSPECTION AND DUE DILIGENCE PERIOD SHALL BE DEEMED AS
200ACCEPTANCE BY THE BUYER OF THE PROPERTY'S CURRENT CONDITION.
201
202PRIVATE WATER/SEWERAGE:
203□ There is/are __________ (____) private water system(s) servicing only the primary residence, and the attached
204private Septic/Water Addendum inspections shall include only the system(s) supplying service to the primary
205residence.
206
207□ There is/are __________ (____) private septic/treatment system(s) servicing only the primary residence and
208the attached private Septic/Water Addendum inspections shall include only those systems supplying service to
209the primary residence.
210
211□ There is NO private septic/treatment system(s) servicing only the primary residence.
213HOME SERVICE/WARRANTY: A home service/warranty plan � will / � will not be purchased at the closing of
214sale at a cost not to exceed $________________ to be paid by � the BUYER / � the SELLER. Home Service
215Warranty will be ordered by ___________________________________________________________________.
BUYER’S Initials _____ _____ |
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SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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216It is understood that the Agent/Broker may receive compensation from the home warranty company for actual
217services performed. The home service warranty plan does not warrant pre-existing defects and options, and does
218not supersede or replace any other inspection clause or responsibilities. If neither the BUYER nor the SELLER
219accepts the home service warranty plan, they declare that they have been made aware of the existence of such a
220plan, and further declare that they hold the Broker and Agents harmless from any responsibility or liability due to
221their rejection of such a plan.
222
223WARRANTY OR AS IS CLAUSE WITH WAIVER OF RIGHT OF REDHIBITION: (CHECK ONE ONLY)
224� A. SALE WITH WARRANTIES: The SELLER and the BUYER acknowledge that this sale shall be with full
225SELLER warranties as to any claims or causes of action including but not limited to redhibition pursuant to
226Louisiana Civil Code Article 2520, et seq. and Article 2541, et seq.
227� B. SALE “AS IS” WITHOUT WARRANTIES: The SELLER and the BUYER hereby acknowledge and recognize
228that the Property being sold and purchased is to be transferred in “as is” condition and further the BUYER does
229hereby waive, relieve and release the SELLER from any claims or causes of action for redhibition pursuant to
230Louisiana Civil Code Article 2520, et seq. and Article 2541, et seq. or for reduction of Sale Price pursuant to
231Louisiana Civil Code Article 2541, et seq. Additionally, the BUYER acknowledges that this sale is made without
232warranty of fitness for ordinary or particular use pursuant to Louisiana Civil Code Article 2524. The SELLER and
233the BUYER agree that this clause shall be made a part of the Act of Sale.
234C. NEW HOME WARRANTIES. Notwithstanding lines 223 through 233 and irrespective of whether A or B
235above is checked, if the Property is a new construction, the parties agree that neither A or B will apply but instead
236the provisions of the New Home Warranty Act (LA R.S. 9:3141 et seq.) shall apply. The warranty of condition of
237this Property is governed by the New Home Warranty Act if a home on the Property is a “home” as defined in the
238New Home Warranty Act.
239
240MERCHANTABLE TITLE/CURATIVE WORK: The SELLER shall deliver to the BUYER a merchantable title at
241the SELLER’S costs (see lines 244 through 246). In the event curative work in connection with the title to the
242Property is required or is a requirement for obtaining the loan(s) upon which this Agreement is conditioned, the
243 parties agree to and do extend the date for passing the Act of Sale to a date not more than
244_____________________________ (_____) calendar days from the date of the Act of Sale stated herein. The
245SELLER’S title shall be merchantable and free of all liens and encumbrances except those that can be satisfied at
246Act of Sale. All costs and fees required to make title merchantable shall be paid by the SELLER. The SELLER
247shall make good faith efforts to deliver merchantable title. The SELLER’S inability to deliver merchantable title
248within the time stipulated herein shall render this Agreement null and void, reserving unto the BUYER the right to
249demand the return of the Deposit and to recover from the SELLER actual costs incurred in processing of sale as
250well as legal fees incurred by the BUYER.
251
252FINAL WALK THROUGH: The BUYER shall have the right to re-inspect the Property within five (5) calendar
253days prior to the Act of Sale, or occupancy, whichever will occur first in order to determine if the Property is in the
254same or better condition as it was at the initial inspection(s) and to insure all agreed upon repairs have been
255completed. The SELLER agrees to provide utilities for the final walk through and immediate access to the
256Property.
257
258DEFAULT OF AGREEMENT BY THE SELLER: In the event of any default of this Agreement by the SELLER,
259the BUYER shall at the BUYER’S option have the right to declare this Agreement null and void with no further
260demand, or to demand and/or sue for any of the following:
261
2621) Termination of this Agreement; 2) Specific performance; 3) Termination of this Agreement and an amount
263equal to 10% of the Sale Price as stipulated damages.
BUYER’S Initials _____ _____ |
Page 6 of 9 |
SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
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264Further, the BUYER shall be entitled to the return of the Deposit. The prevailing party to any litigation brought to
265enforce any provision of this Agreement shall be awarded their attorney fees and costs. The SELLER may also be
266liable for Broker fees.
267
268DEFAULT OF AGREEMENT BY BUYER: In the event of any default of this Agreement by the BUYER, the
269SELLER shall have at the SELLER’S option the right to declare this Agreement null and void with no further
270demand, or to demand and sue for any of the following: 1) Termination of this Agreement; 2) Specific
271performance; 3) Termination of this Agreement and an amount equal to 10% of the Sale Price as stipulated
272damages.
273
274Further, the SELLER shall be entitled to retain the Deposit. The prevailing party to any litigation brought to
275enforce any provision of this Agreement shall be awarded their attorney fees and costs. The BUYER may also be
276liable for Broker fees.
277
278MOLD RELATED HAZARDS NOTICE: An informational pamphlet regarding common mold related hazards that
279can affect real property is available at the EPA website http://www.epa.gov/iaq/molds/index.html. By initialing
280this page of the Agreement, the BUYER acknowledges that the real estate agent has provided the BUYER with
281the EPA website enabling the BUYER to obtain information regarding common mold related hazards.
282
283OFFENDER NOTIFICATION: The Louisiana State Police maintains the State Sex Offender and Child Predator
284Registry through the Louisiana Bureau of Criminal Identification and Information. It is a public access database of
285the locations of individuals who are required to register pursuant to LA R.S. 15:540, et seq. The website for the
286database is http://www.lsp.org/socpr/default.html. Sheriff and police departments serving jurisdictions of
287450,000 also maintain such information. Inquiries can be made by phone at 1-800-858-0551 or 1-225-925-6100.
288Send written inquiries to Post Office Box 66614, Box A-6, Baton Rouge, Louisiana 70896.
289
290FLOOD HAZARD INFORMATION:
291An informational website regarding flood hazards that can affect real property is available at the FEMA website
292https://msc.fema.gov/portal.
293
294CHOICE OF LAW: This Agreement shall be governed by and shall be interpreted in accordance with the laws of
295the State of Louisiana.
296
297DEADLINES: TIME IS OF THE ESSENCE and all deadlines are final, except where modifications, changes, or
298extensions are made in writing and signed by all parties to this Agreement. All “calendar days” as used in this
299Agreement shall end at 11:59 p.m. in Louisiana.
300
301ADDITIONAL TERMS AND CONDITIONS:
302__________________________________________________________________________________________
303__________________________________________________________________________________________
304__________________________________________________________________________________________
305__________________________________________________________________________________________
306__________________________________________________________________________________________
307__________________________________________________________________________________________
309ROLES OF BROKERS AND DESIGNATED AGENTS: Broker(s) and Designated Agent(s) have acted only as
310real estate brokers to bring the parties together and make no warranty to either party for performance or non-
311performance of any part of this Agreement or for any warranty of any nature unless specifically set forth in writing.
BUYER’S Initials _____ _____ |
Page 7 of 9 |
SELLER’S Initials _____ _____ |
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312Broker(s) and Designated Agent(s) make no warranty or other assurances whatsoever concerning Property
313measurements, square footage, room dimensions, lot size, Property lines or boundaries. Broker(s) and
314Designated Agent(s) make no representations as to suitability or to a particular use of the Property, and the
315BUYER has or will independently investigate all conditions and characteristics of the Property which are important
316to the BUYER. The BUYER is not relying on the Broker or the Designated Agent(s) to choose a representative to
317inspect or re-inspect the Property; the BUYER understands any representative desired by the BUYER may
318perform this function. In the event Broker/Agent(s) provides names or sources for such advice or assistance,
319Broker/Agent(s) does not warrant the services of such experts or their products and cannot warrant the condition
320 of Property or interest to be acquired or guarantee that all defects are disclosed by the SELLER(S).
321Broker/Agent(s) do not investigate the status of permits, zoning, code compliance, restrictive covenants, or
322insurability. The Broker(s) and Designated Agent(s) specifically make no warranty whatsoever as to whether or
323not the Property is situated in or out of the Government’s hundred-year flood plan or is or would be classified as
324wetlands by the U.S. Army Corps of Engineers, or as to the presence of wood destroying insects or damage there
325from. The BUYER(S) are to satisfy themselves concerning these issues. Designated Agent shall be an
326independent contractor for Broker if the conditions as set forth in LA R.S. 37:1446(h) are met.
327
328LIST ADDENDA TO BE ATTACHED AND MADE A PART OF THIS AGREEMENT:
329 |
□ Contingency for Sale of the BUYER’S Other Property Addendum |
□ |
330 |
□ Condominium Addendum |
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331 |
□ FHA Amendatory Clause |
□ |
332 |
□ New Construction Addendum |
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Private Water/Sewerage Addendum Deposit Addendum
___________________________
___________________________
333
334If any of the pre-printed portions of this Agreement vary or are in conflict with any additional or modified terms on
335blanks provided in this form or Addendum attached to this Agreement, the additional, modified or Addendum
336provisions control.
337
338SINGULAR – PLURAL USE: Wherever the word BUYER or the word SELLER occurs in this Agreement or is
339referred to, the same shall be construed as singular or plural, masculine or feminine or neuter, as the case may
340be.
341
342ACCEPTANCE: Acceptance of this Agreement must be in writing. This agreement may be executed by use of
343electronic signatures, in accordance with the Louisiana Uniform Electronic Transaction Act. The original of this
344Agreement shall be delivered to the listing Broker’s firm. This Agreement and any supplement addendum or
345modification relating hereto, including any photocopy, facsimile or electronic transmission thereof, may be
346executed in two or more counterparts, all of which shall constitute one and the same Agreement.
347
348NOTICES AND OTHER COMMUNICATIONS: All notices, requests, claims, demands, and other communications
349related to or required by this Agreement shall be in writing. Notices permitted or required to be given (excluding
350service of process) shall be deemed sufficient if delivered by (a) mail, (b) hand delivery; (c) overnight delivery; (d)
351facsimile, (e) email, or (f) other e-signature transmissions addressed to the respective addresses of the parties as
352(a) written on the first page of this Agreement; (b) as designated below on lines 361 through 370; or (c) at such
353other addresses as the respective parties may designate by written notice.
354
355The BUYER and SELLER agree the use of electronic documents and digital signatures is acceptable and will be
356treated as originals of the signatures and documents transmitted in the above referenced real estate transaction.
357Specifically, the BUYER and SELLER consent to the use of electronic documents, the electronic transmission of
358documents, and the use of electronic signatures pertaining to this Agreement, and any supplement addendum or
359modification relating thereto, including but not limited to any notices, requests, claims, demands and other
360communications as set forth in the Agreement.
BUYER’S Initials _____ _____ |
Page 8 of 9 |
SELLER’S Initials _____ _____ |
ABS Rev. 01/01/19
__________________________________________________________________________________________
Property address, street, city, state, zip |
Date |
361� The BUYER further authorizes his or her agent to electronically deliver notices and other communications to
362the email address he or she provided to his or her agent. Furthermore, the Buyer authorizes the Seller’s agent to
363electronically deliver notices and communications to be delivered to the following address:
364
365BUYER’s Agent email address(es): ______________________________________________________
366� The SELLER further authorizes his or her agent to electronically deliver notices and other communications to
367the email address he or she provide to his or her agent. Furthermore, the Seller authorizes the Buyer’s agent to
368electronically deliver notices and communications to be delivered to the following address:
369
370SELLER’s Agent email address(es): _____________________________________________________
371The authorization contained in this Section is not an authorization for the Buyer’s agent to communicate directly
372with the Seller or a Seller’s agent to communicate directly with the Buyer.
373
374CONTRACT: This is a legally binding contract when signed by both the SELLER and the BUYER. READ IT
375CAREFULLY. If you do not understand the effect of any part of this Agreement seek legal advice before signing
376this contract or attempting to enforce any obligation or remedy provided herein.
377
378ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties, and any other
379agreements not incorporated herein in writing are void and of no force and effect.
380
381EXPIRATION OF OFFER:
382This offer is binding and irrevocable until ______________, 20_____ at _____ AM PM NOON. The
383Acceptance of this offer must be communicated to the offering party by the deadline stated on line 374 to be
384binding and effective.
385
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386 |
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387 |
� Buyer’s / � Seller’s Signature |
Date/Time AM PM |
� Buyer’s / � Seller’s Signature Date/Time AM PM |
388 |
___________________________________________ |
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389 |
Print Buyer’s/Seller’s Full Name (First, Middle, Last) |
Print Buyer’s/Seller’s Full Name (First, Middle, Last) |
390__________________________________________________________________________________________
391 |
This offer was presented to the Seller |
Buyer by |
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Day/ Date/ Time AM |
PM NOON |
392 |
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393 |
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This offer is: |
� Accepted |
� |
Rejected (without counter) � Countered (See Attached Counter) by: |
394 |
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395 |
__________________________________________ |
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396 |
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� Buyer’s / � |
Seller’s Signature |
Date/Time AM PM |
� Buyer’s / � Seller’s Signature |
Date/Time AM PM |
397 |
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___________________________________________ |
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398 |
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Print Buyer’s/Seller’s Full Name (First, Middle, Last) |
Print Buyer’s/Seller’s Full Name (First, Middle, Last) |
399_________________________________________________________________________________________
This offer was presented to the Seller Buyer by |
Day/ Date/ Time AM PM NOON |
ABS Rev. 01/01/19 |
Page 9 of 9 |