Common use of Nonrefundable Deposits Clause in Contracts

Nonrefundable Deposits. Buyer agrees that any request for changes or alterations (“Change Orders”) to the residence will be set forth in writing and delivered to Seller. Any requested Change Order must be in writing and signed by Buyer and Seller in order to be binding. No subcontractor, xxxxxxx or materialman has authority to agree on behalf of Seller to any Change Order. Buyer agrees that all Change Order requests must be presented to Seller so as to allow Seller adequate lead time to schedule the Change Orders into the normal building sequence. Seller has the right to refuse to make requested changes or alterations. Buyer agrees to pay Seller in advance of the performance of work necessitated by agreed Change Orders which will include the cost for both labor and materials and further understands that there will be no refunds, under any circumstances, of payments made by Buyer for Change Orders. Buyer further acknowledges that any work done on the home pursuant to Change Orders or additions may not increase the appraised value of the Property. Seller shall not be responsible if increases in the price of the Property due to Change Orders or additions are not reflected in the appraised value of (and resulting available loan for) the Property. In the event the Property does not appraise due to Change Orders and upgrade items, Buyer shall be responsible for producing the additional funds needed to Close.

Appears in 9 contracts

Samples: New Construction Purchase and Sale Agreement, New Construction Purchase and Sale Agreement, New Construction Purchase and Sale Agreement

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Nonrefundable Deposits. Buyer Xxxxx agrees that any request for changes or alterations (“Change Orders”) to the residence will be set forth in writing and delivered to Seller. Any requested Change Order must be in writing and signed by Buyer Xxxxx and Seller in order to be binding. No subcontractor, xxxxxxx or materialman has authority to agree on behalf of Seller to any Change Order. Buyer Xxxxx agrees that all Change Order requests must be presented to Seller so as to allow Seller adequate lead time to schedule the Change Orders into the normal building sequence. Seller has the right to refuse to make requested changes or alterations. Buyer Xxxxx agrees to pay Seller in advance of the performance of work necessitated by agreed Change Orders which will include the cost for both labor and materials and further understands that there will be no refunds, under any circumstances, of payments made by Buyer for Change Orders. Buyer Xxxxx further acknowledges that any work done on the home pursuant to Change Orders or additions may not increase the appraised value of the Property. Seller shall not be responsible if increases in the price of the Property due to Change Orders or additions are not reflected in the appraised value of (and resulting available loan for) the Property. In the event the Property does not appraise due to Change Orders and upgrade items, Buyer shall be responsible for producing the additional funds needed to Close.

Appears in 2 contracts

Samples: New Construction Purchase and Sale Agreement, New Construction Purchase and Sale Agreement

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