Real Estate Sample Legal Forms
"OFFER TO BUY REAL ESTATE AND ACCEPTANCE"

This is not a substitute for legal advice.  An attorney must be consulted.

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SAMPLE FORM

OFFER TO BUY REAL ESTATE AND ACCEPTANCE

 

 

            I/We,                             Carol Kyte1                           (name), offer to buy from
                      Chris Smart2                   (name) real estate in                  Linn3             
County, State of          Iowa4            described as follows (legal description of real estate):

            The south three quarters of section 12, township 50, range 5.5

 Together with easements and servient estates, and subject to any zoning and other
 ordinances, covenants of record, liens of record, mineral rights of record, and interest of
 others on record.  The street address of this real estate is ________________________
                          14 Clark Road SE,  Mt. Vernon, IA  525026                                      .

            This Offer to Buy is conditioned upon buyer(s) being permitted to make the
 following use of the real estate upon taking possession of it:           Farming7            
 ___________________________________________________________________.

            The buyer(s) offers the sum of   $20,0008             as the purchase price for the
 real estate, payable at                          Linn9                                   County, State of
            Iowa10                             , as follows:  ___________________________
                                    payment on closing date11                                                .
 This Offer (is/is not)12 conditioned upon buyer(s) obtaining financing for the purchase by
              06/19/0113            (date if applicable).  The sum of               $1,00014            
 as part of the purchase price shall be paid to seller(s) upon acceptance of this Offer and
 placed in escrow pending execution of a deed, real estate contract, or other conveyance.
 Such earnest money (is/is not)15 refundable.

            Seller(s) shall deliver possession of the real estate to buyer(s) on            06/19/0116
 __________ (date), subject to the timely performance of obligations pursuant to this Offer
 by buyer(s).  Upon buyer(s) payment of the purchase price according to the terms contained
 herein, seller(s) shall convey the real estate to the buyer(s) as follows:                    
                                          warranty deed on 06/19/0117                                              
 (give description of deed, contract, or other conveyance).  The real estate shall be free and
 clear of liens, restrictions, and encumbrances except as otherwise noted in this Offer and
 Acceptance.

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002 by LAWCHEK, LTD.

 

OFFER TO BUY REAL ESTATE FORM cont'd.

 

            Seller(s) shall furnish abstract of title continued up to the time of acceptance of this
 Offer, at the expense of the seller(s) , and deliver it to the attorney for buyer(s) at least
         1518 days prior to the date of closing for examination.  If allowed by the laws of the
 state where the real estate is located, the seller(s) may, in lieu of abstract of title, provide an
 owner’s policy of title insurance in the face amount of    $20,00019           , naming
 purchaser as the insured.  Such title insurance shall be written by a title insurance company
 duly licensed in the state where the real estate is located.  The title insurance policy shall
 insure title to be in the condition as stated in this Offer and Acceptance.

            Real estate taxes, special assessments, and fire and casualty insurance shall be paid
 by the parties as follows:      The seller shall pay until the time of possession and the buyer  
                      shall pay beginning with the date of official purchase. 20                                 
 Unless stated otherwise, proration of real estate taxes shall be based upon taxes for the year
 presently payable.

            All fixtures located upon the real estate are considered part of the real estate and are
 included in the sale of this real estate, except for the following items:     None21                 
_________________________________________________________________
(State with particularity any fixtures expressly retained by the seller(s)).

            Seller(s) shall maintain the real estate in its present condition up to the time of
 delivery of possession.  Risk of loss remains with the seller(s) until delivery of possession.
 In the event of loss or destruction of the real estate, including fixtures, occurring prior to
 delivery of possession, the buyer(s) may rescind this Offer and Acceptance or, in the
 alternative, accept delivery of possession and title together with any fire and casualty
 insurance proceeds payable for such loss or destruction.

            This Offer shall expire if not accepted by seller(s) on or before          Five       
 O’clock, (A.M., P.M.)22 on                  April 19th         in the year of    200123         , and it shall
 become void and all payment shall be repaid to the buyer(s).  Time is of the essence in the
 performance of the obligations specified by this Offer and Acceptance.

            All words and phrases contained in this instrument (and the attached
 Acknowledgment, if any) are to be construed in the singular, plural, masculine, feminine or
 neuter according to the context.

            Other provisions:                                   None24                                       
 ____________________________________________________________________
 _____________________________________________________________________
 _____________________________________________________________________
 _____________________________________________________________________
 _____________________________________________________________________
(State with particularity any other agreements or obligations to be provided by this Offer and Acceptance.)

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002 by LAWCHEK, LTD.

 

OFFER TO BUY REAL ESTATE FORM cont'd.

 

Date:                 03/19/0125                          

 

_________________________________26    _________________________________27
Buyer                                                                  Buyer

            This Offer is accepted on              March 19th               in the year of    200128.

__________________________________29  _________________________________30
Seller                                                                    Seller

__________________________________31  _________________________________32
Witness (If required by law)                                Witness (If required by law)

__________________________________33  _________________________________34
Witness (If required by law)                                Witness (If required by law)

 

 

Attach Acknowledgment If Required By Law.

 

 

 

 

 

 

 

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002-2006 by LAWCHEK, LTD.

 

NOTES
The above is an example of how a typical Offer To Buy Real Estate And Acceptance form may be completed.
  1. The full name of the buyer.
  2. The full name of the seller.
  3. The county in which the property is located.
  4. The state in which the property is located.
  5. A legal description of the property.
  6. The full address of the property to be sold.
  7. The purpose for which the buyer wishes to secure the property.
  8. The amount being offered by the buyer for the purchase of the property.
  9. The county in which the owner resides.
  10. The sate in which the owner resides.
  11. The down payment due date and the final due date for the price of the property.
  12. Indicate if the buyer is allowed to seek financing until the given date.
  13. The date when financing for the property must be obtained.
  14. The down payment for the property.
  15. Indicate if the earnest money is refundable.
  16. The date on which the buyer takes possession of the property.
  17. The method by which the property is conveyed.
  18. The number of days allowed prior to closing for the seller to furnish the abstract of title to the buyer.
  19. The amount of the title insurance policy.
  20. Specify how taxes and assessments are to be paid.
  21. Exceptions as to the property for sale.
  22. The time the offer will expire if it is not accepted by the seller.
  23. The date on which the offer will expire if it is not accepted by the seller.
  24. Other provisions stated to ensure the transaction.
  25. The date on which the agreement is signed and considered satisfactory to the buyer.
  26. The signature of the buyer.
  27. The signature of the second buyer.
  28. The date on which the agreement is signed and considered satisfactory to the seller.
  29. The signature of the seller.
  30. The signature of a second seller.
  31. The signature of a witness.
  32. The signature of a witness.
  33. The signature of a witness.
  34. The signature of a witness.

 

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