Time Limit of Offer. This offer may be withdrawn at any time before the acceptance with Notice. Offer terminates if not counted or accepted by o’clock on . NOTE: Any provisions of this Agreement which are preceded by a box “□” must be marked to be a part of this Agreement. By affixing your signature below, you also acknowledge that you have reviewed each page and have received a copy of this Agreement. Buyer hereby makes this offer: BUYER DATE . BUYER DATE Seller hereby: ACCEPTS COUNTERS REJECTS SELLER By: Executed by: DATE ADDENDUM 1 CONFIRMATION OF AGENCY STATUS & COMMISSION COMPENSATION Every real estate licensee (“Licensee”) is required to disclose his or her agency status in a real estate transaction to any buyer who is not represented by an agent and with whom the Licensee is working directly in the transaction. The purpose of this Confirmation of Agency Status is to acknowledge that this disclosure occurred. Copies of this confirmation shall be provided to any signatory thereof. Notice is hereby given that the agency status of this Licensee (or Licensee’s company) is as follows in this transaction: The real estate transaction involving the property located at: PROPERTY ADDRESS SELLER NAME: LICENSEE NAME: in this consumer’s current or prospective transaction is serving as: Designated Agent for the Seller. BUYER NAME: LICENSEE NAME: LICENSE NUMBER: in this consumer’s current or prospective transaction is serving as: Transaction Broker or Facilitator. Buyer is Unrepresented. (not an agent for either party) Agent for Buyer. Designated Agent for Buyer. Disclosed Dual Agent (for both parties), with the consent of both the Buyer and the Seller in this transaction. All Smithbilt homes are listed by Southland Realtors. Unless the Selling Licensee is enrolled in the Smithbilt Homes Realtor Reward Program, the cooperating commission shall be limited to two percent (2%) of selling price minus any upgrades or closing cost paid by Seller. Check box if this statement applies: Selling Agent, is enrolled in Smithbilt Homes Realtor Reward Program and is to be compensated according to the Compensation Schedule. The total cooperating compensation paid to Selling Agent is % of selling price minus any upgrades or closing cost paid by Seller. This form was delivered in writing, as prescribed by law, to any unrepresented buyer prior to the preparation of any offer to purchase. This document also serves as confirmation that the Licensee’s Agency or Transaction Broker status was communicated orally before any real estate services were provided and serves as a statement acknowledging that the buyer was informed that any complaints alleging violation(s) of Tenn. Code Xxx. § 00-00-000 must be filed within the applicable statute of limitations set out in Tenn. Code Xxx. § 62-13-313(e) with the Tennessee Real Estate Commission, 000 Xxxxx Xxxxxxxxx Parkway, 3rd Floor, Nashville, TN 37232, PH: (000) 000-0000. This notice by itself, however, does not constitute an agency agreement or establish any agency relationship. By signing below, parties acknowledge receipt of confirmation of Agency relationship disclosure by Licensee acting as Agent/Broker OR pursuant to the National Association of Realtors® Code of Ethics and Standards of Practice. Seller Signature Date Buyer Signature Date Southland Realtors Listing Company Date Buyer Signature Date Listing Licensee Date Selling Licensee Date Selling Company ADDENDUM 2 TENNESSEE RESIDENTIAL PROPERTY CONDITION EXEMPTION DISCLOSURE Property Address: City/State/Zip: Buyer: Seller: Unless a property transfer is specifically excluded, the Tennessee Residential Property Disclosure Act requires sellers of residential real property with one to four dwelling units to furnish to a buyer one of the following: (1) a residential property disclosure statement (the “Disclosure”), or (2) a residential property disclaimer statement (permitted only where the buyer waives the required Disclosure). The undersigned Seller does hereby notify Buyer that said property is being offered without Residential Property Condition Disclosure Statement as provided by the Tennessee Residential Property Disclosure Act. This transfer is excluded under Tenn. Code Xxx. § 66-5-209 for the following reason: This is a transfer involving the first sale of a dwelling provided that the builder offers a written warranty. A complete copy of the Act may be found at xxxx://xxx.xx.xxx/regboards/trec/law.shtml. (See Tenn. Code Xxx. § 66- 5-201, et seq.) The party(ies) below have signed and acknowledge receipt of a copy of this notice. SELLER SELLER at o’clock am/ pm at o’clock am/ pm Date Date The party(ies) below have signed and acknowledge receipt of a copy. BUYER BUYER at o’clock am/ pm at o’clock am/ pm Date Date ADDENDUM 3 Affiliated Business Disclosure Statement To: Client or Customer from Southland Realtors Inc. 000 X. Xxxxxx Rd Knoxville TN. 37923 Office Phone Number (000)000-0000 Property Address Agent Date Personal Interest Disclosure: This is to give you notice that Southland Realtors Inc. owners have an ownership interest in Southland Title LLC. Because of this relationship, this referral may provide Southland Realtors Inc. and/or its owners a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for the purchase of the subject property. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE YOU ARE RECEIVING THE BEST SERVICE AND THE BEST RATE FOR THESE SERVICES. Provider Settlement Services Estimated Cost Southland Title LLC Closing and Doc Fee $200 to $250 Other fees will apply to buyers such as Title Searches, Title Insurance, and recording fees in the County and fees required by the lender you chose for financing. The cost to you will be based on the purchase price of Real Estate and your loan cost. Movement Mortgage: Southland Realtors Inc. or its owners do not have an ownership or a financial interest in Movement Mortgage. Movement Mortgage rents office space in the Southland Building. The owners of Southland Realtors Inc. receive rent for the office space. Movement Mortgage is a preferred service provider for Southland Realtors Inc. and Smithbilt LLC. You are NOT required to use Movement Mortgage as a condition of the purchase or sale of the subject property. THERE ARE SEVERAL COMPANIES THAT PROVIDE SIMILAR MORTGAGE SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATES FOR THESE SERVICES. Personal Interest Disclosure: SMITHBILT LLC: The owners of Southland Realtors Inc. have a financial interest in Smithbilt LLC. Because of this relationship Southland Realtors Inc. and/or its owners receive a financial benefit from the sale of Real Estate owned by Smithbilt LLC I/WE have read this disclosure form and understand that Southland Realtors Inc. is referring me/us to the listed above service providers and may receive a financial or other benefit. Client or Customer Date Client or Customer Date ADDENDUM 4 CONSTRUCTION POLICY Congratulations on the purchase of your new home! We would like to thank you for choosing one of Smithbilt’s communities. We are providing you our Construction Policy as a guide to our procedures throughout the construction process. Smithbilt’s decisions and drawings take precedent in guiding the construction of each home. All construction plans are the property of Smithbilt and are not available for distribution. Installation of materials and all construction procedures must be furnished and installed by Smithbilt. Structural changes are limited and must be addressed before your real estate agent presents the sales contract to Smithbilt. Approved changes will be priced accordingly. At no point during construction can any job site superintendents nor field employees discuss or negotiate construction procedures with buyers. Smithbilt’s Design Coordinator will contact you to schedule an appointment once we have received your Construction Policy acknowledgement. All interior and exterior design selections have been pre-selected for all homes. There comes a time in the construction process when design selections cannot be changed. Therefore, appointments must be scheduled in a timely manner and all available options and upgrades must be selected at this time, delays could extend your closing date. Design Center Smithbilt’s Design Center is located at 000 X. Xxxxxx Road, Knoxville, TN 37923. The Design Center is open Monday-Friday, 8am-4pm by APPOINTMENT ONLY. To request a meeting date and time with the Designer, please visit: xxxx://xxx.xxxxxxxxxxxxxx.xxx/homeowners/design-center. Open House is held at the Design Center every Sunday 2-5pm. Upgrades SMITHBILT REQUIRES PREPAYMENT ON ALL SELECTED UPGRADES. Selection and prepayment of upgrades must be received prior to ordering. If you delay in making your selections and/or your prepayment, your closing date may need to be extended or the pre-selected items will be installed. Voiding the sales contract does not release the buyer from the responsibility of payment for upgraded selections. Smithbilt reserves the right to deny any upgrade requests. SMITHBILT OFFERS TWO OPTIONS FOR PAYMENT: ADDENDUM - Cost of upgraded options to be added to your loan amount. You must immediately contact your mortgage company and obtain approval for the amount of the upgraded options. If the overage is approved, a post-dated check for the full amount must be received before the items will be ordered. This check will be returned to you after the closing. If the overage is not approved and you still want to include the options in your home, you can choose the invoice option. Your check will be cashed on the day of closing for invoiced overages. If you void the sales contract, the check will be cashed for payment of the overages. INVOICE - A post-dated check for the full amount must be received prior to upgrade items being ordered. If you void the sales contract, the check will be cashed for payment of the overages. The payment for any overages, whether by invoice or addendum, is not a deposit and will never be construed as such. The cost of upgraded items does not amend the sales contract in relation to real estate commission based on the sales price.
Appears in 3 contracts
Samples: New Construction Purchase and Sale Agreement, New Construction Purchase and Sale Agreement, New Construction Purchase and Sale Agreement
Time Limit of Offer. This offer may be withdrawn at any time before the acceptance with Notice. Offer terminates if not counted or accepted by o’clock on . NOTE: Any provisions of this Agreement which are preceded by a box “□” must be marked to be a part of this Agreement. By affixing your signature below, you also acknowledge that you have reviewed each page and have received a copy of this Agreement. Buyer hereby makes this offer: BUYER DATE . BUYER DATE Seller hereby: ACCEPTS COUNTERS REJECTS SELLER By: Executed by: DATE ADDENDUM 1 CONFIRMATION OF AGENCY STATUS & COMMISSION COMPENSATION Every real estate licensee (“Licensee”) is required to disclose his or her agency status in a real estate transaction to any buyer who is not represented by an agent and with whom the Licensee is working directly in the transaction. The purpose of this Confirmation of Agency Status is to acknowledge that this disclosure occurred. Copies of this confirmation shall be provided to any signatory thereof. Notice is hereby given that the agency status of this Licensee (or Licensee’s company) is as follows in this transaction: The real estate transaction involving the property located at: PROPERTY ADDRESS SELLER NAME: LICENSEE NAME: in this consumer’s current or prospective transaction is serving as: Designated Agent for the Seller. BUYER NAME: LICENSEE NAME: LICENSE NUMBER: in this consumer’s current or prospective transaction is serving as: Transaction Broker or Facilitator. Buyer is Unrepresented. (not an agent for either party) Agent for Buyer. Designated Agent for Buyer. Disclosed Dual Agent (for both parties), with the consent of both the Buyer and the Seller in this transaction. All Smithbilt homes are listed by Southland Realtors. Unless the Selling Licensee is enrolled in the Smithbilt Homes Realtor Reward Program, the cooperating commission shall be limited to two percent (2%) of selling price minus any upgrades or closing cost paid by Seller. Check box if this statement applies: Selling Agent, is enrolled in Smithbilt Homes Realtor Reward Program and is to be compensated according to the Compensation Schedule. The total cooperating compensation paid to Selling Agent is % of selling price minus any upgrades or closing cost paid by Seller. This form was delivered in writing, as prescribed by law, to any unrepresented buyer prior to the preparation of any offer to purchase. This document also serves as confirmation that the Licensee’s Agency or Transaction Broker status was communicated orally before any real estate services were provided and serves as a statement acknowledging that the buyer was informed that any complaints alleging violation(s) of Tenn. Code Xxx. § 00-00-000 must be filed within the applicable statute of limitations set out in Tenn. Code Xxx. § 62-13-313(e) with the Tennessee Real Estate Commission, 000 Xxxxx Xxxxxxxxx Parkway, 3rd Floor, Nashville, TN 37232, PH: (000) 000-0000. This notice by itself, however, does not constitute an agency agreement or establish any agency relationship. By signing below, parties acknowledge receipt of confirmation of Agency relationship disclosure by Licensee acting as Agent/Broker OR pursuant to the National Association of Realtors® Code of Ethics and Standards of Practice. Seller Signature Date Buyer Signature Date Southland Realtors Listing Company Date Buyer Signature Date Listing Licensee Date Selling Licensee Date Selling Company ADDENDUM 2 TENNESSEE RESIDENTIAL PROPERTY CONDITION EXEMPTION DISCLOSURE Property Address: City/State/Zip: Buyer: Seller: Unless a property transfer is specifically excluded, the Tennessee Residential Property Disclosure Act requires sellers of residential real property with one to four dwelling units to furnish to a buyer one of the following: (1) a residential property disclosure statement (the “Disclosure”), or (2) a residential property disclaimer statement (permitted only where the buyer waives the required Disclosure). The undersigned Seller does hereby notify Buyer that said property is being offered without Residential Property Condition Disclosure Statement as provided by the Tennessee Residential Property Disclosure Act. This transfer is excluded under Tenn. Code Xxx. § 66-5-209 for the following reason: This is a transfer involving the first sale of a dwelling provided that the builder offers a written warranty. A complete copy of the Act may be found at xxxx://xxx.xx.xxx/regboards/trec/law.shtml. (See Tenn. Code Xxx. § 66- 5-201, et seq.) The party(ies) below have signed and acknowledge receipt of a copy of this notice. SELLER SELLER at o’clock am/ pm at o’clock am/ pm Date Date The party(ies) below have signed and acknowledge receipt of a copy. BUYER BUYER at o’clock am/ pm at o’clock am/ pm Date Date ADDENDUM 3 Affiliated Business Disclosure Statement To: Client or Customer from Southland Realtors Inc. 000 X. Xxxxxx Rd Knoxville TN. 37923 Office Phone Number (000)000-0000 Property Address Agent Date Personal Interest Disclosure: This is to give you notice that Southland Realtors Inc. owners have an ownership interest in Southland Title LLC. Because of this relationship, this referral may provide Southland Realtors Inc. and/or its owners a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for the purchase of the subject property. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE YOU ARE RECEIVING THE BEST SERVICE AND THE BEST RATE FOR THESE SERVICES. Provider Settlement Services Estimated Cost Southland Title LLC Closing and Doc Fee $200 to $250 Other fees will apply to buyers such as Title Searches, Title Insurance, and recording fees in the County and fees required by the lender you chose for financing. The cost to you will be based on the purchase price of Real Estate and your loan cost. Movement Mortgage: Southland Realtors Inc. or its owners do not have an ownership or a financial interest in Movement Mortgage. Movement Mortgage rents office space in the Southland Building. The owners of Southland Realtors Inc. receive rent for the office space. Movement Mortgage is a preferred service provider for Southland Realtors Inc. and Smithbilt LLC. You are NOT required to use Movement Mortgage as a condition of the purchase or sale of the subject property. THERE ARE SEVERAL COMPANIES THAT PROVIDE SIMILAR MORTGAGE SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATES FOR THESE SERVICES. Personal Interest Disclosure: SMITHBILT LLC: The owners of Southland Realtors Inc. have a financial interest in Smithbilt LLC. Because of this relationship Southland Realtors Inc. and/or its owners receive a financial benefit from the sale of Real Estate owned by Smithbilt LLC I/WE have read this disclosure form and understand that Southland Realtors Inc. is referring me/us to the listed above service providers and may receive a financial or other benefit. Client or Customer Date Client or Customer Date ADDENDUM 4 CONSTRUCTION POLICY Congratulations on the purchase of your new home! We would like to thank you for choosing one of Smithbilt’s communities. We are providing you our Construction Policy as a guide to our procedures throughout the construction process. Smithbilt’s decisions and drawings take precedent in guiding the construction of each home. All construction plans are the property of Smithbilt and are not available for distribution. Installation of materials and all construction procedures must be furnished and installed by Smithbilt. Structural changes are limited and must be addressed before your real estate agent presents the sales contract to Smithbilt. Approved changes will be priced accordingly. At no point during construction can any job site superintendents nor field employees discuss or negotiate construction procedures with buyers. Smithbilt’s Design Coordinator will contact you to schedule an appointment once we have received your Construction Policy acknowledgement. All interior and exterior design selections have been pre-selected for all homes. There comes a time in the construction process when design selections cannot be changed. Therefore, appointments must be scheduled in a timely manner and all available options and upgrades must be selected at this time, delays could extend your closing date. Design Center Smithbilt’s Design Center is located at 000 X. Xxxxxx Road, Knoxville, TN 37923. The Design Center is open Monday-Friday, 8am-4pm by APPOINTMENT ONLY. To request a meeting date and time with the Designer, please visit: xxxx://xxx.xxxxxxxxxxxxxx.xxx/homeowners/design-center. Open House is held at the Design Center every Sunday 2-5pm. Upgrades SMITHBILT REQUIRES PREPAYMENT ON ALL SELECTED UPGRADES. Selection and prepayment of upgrades must be received prior to ordering. If you delay in making your selections and/or your prepayment, your closing date may need to be extended or the pre-selected items will be installed. Voiding the sales contract does not release the buyer from the responsibility of payment for upgraded selections. Smithbilt reserves the right to deny any upgrade requests. SMITHBILT OFFERS TWO OPTIONS FOR PAYMENT: ADDENDUM - Cost of upgraded options to be added to your loan amount. You must immediately contact your mortgage company and obtain approval for the amount of the upgraded options. If the overage is approved, a post-dated check for the full amount must be received before the items will be ordered. This check will be returned to you after the closing. If the overage is not approved and you still want to include the options in your home, you can choose the invoice option. Your check will be cashed on the day of closing for invoiced overages. If you void the sales contract, the check will be cashed for payment of the overages. INVOICE - A post-dated check for the full amount must be received prior to upgrade items being ordered. If you void the sales contract, the check will be cashed for payment of the overages. The payment for any overages, whether by invoice or addendum, is not a deposit and will never be construed as such. The cost of upgraded items does not amend the sales contract in relation to real estate commission based on the sales price.
Appears in 1 contract
