CONTRACT CLAUSES

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1031 EXCHANGE

CTBS: 1031 EXCHANGE – BUYER (CTME-TD)

Buyer intends to complete an Internal Revenue Code Section 1031 tax-deferred exchange. Seller agrees to reasonably cooperate with Buyer’s exchange efforts, including execution of the Exchange Addendum and any documents reasonably necessary to facilitate the exchange and assignment of this Contract to a qualified intermediary; provided, however, that such cooperation shall not result in any additional cost, liability, or delay to Seller. Buyer shall remain responsible for all obligations under this Contract notwithstanding any assignment to a qualified intermediary.

USE CREC APPROVED “EXCHANGE ADDENDUM” FORM

 

CTBS: 1031 EXCHANGE – SELLER (CTME-TD)

Seller intends to complete an Internal Revenue Code Section 1031 tax-deferred exchange. Buyer agrees to reasonably cooperate with Seller’s exchange efforts, including execution of the Exchange Addendum and any documents reasonably necessary to facilitate the exchange and assignment of this Contract to a qualified intermediary; provided, however, that such cooperation shall not result in any additional cost, liability, or delay to Buyer. Seller shall remain responsible for all obligations under this Contract notwithstanding any assignment to a qualified intermediary.

USE CREC APPROVED “EXCHANGE ADDENDUM” FORM

 

LS - 1031 Exchange (CTME-D.COX)

The Property is an investment property for Seller. Therefore, Seller is advised to research doing a 1031 exchange with competent legal and/or tax counsel prior to entering into a purchase contract for the Property. Seller is also advised to seek guidance from a qualified 1031 intermediary.

USE CREC APPROVED “EXCHANGE ADDENDUM” FORM

 

ADDING / REMOVING BUYER

CTBS AMEND: BUYER NAME (ADDITION OF BUYER) (CTME-TD)

The parties agree that ____________________ is hereby added as an additional Buyer to the Contract and related transaction documents. Upon execution of this Amendment, all Buyers shall be jointly and severally responsible for performance under the Contract. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect.

 

CTBS AMEND: BUYER NAME (REMOVE A BUYER) (CTME-TD)

Removal of Buyer. The parties agree that [Removed Buyer’s Name] is hereby removed from the Contract and shall no longer be a party to this transaction. [Remaining Buyer’s Name] shall remain the sole Buyer and shall assume all rights and obligations under the Contract, including but not limited to financing, performance, and closing requirements. All terms of the Contract shall remain in full force and effect.

 

AMEND - Assignment - Adding Buyer (CTME-D.COX)

Buyer assigns all right, title and interest in and to the Contract to (Insert new buyer). By signing below (insert new buyer) accepts this assignment and ratifies the Contract in its entirety. Also, by signing below, Seller approves this assignment.

 

AMEND - Assignment - Removing Buyer (CTME-D.COX)

Buyer assigns all right, title and interest in and to the Contract to (insert remaining Buyer’s name). By signing below (insert remaining Buyer’s name) accepts this assignment and ratifies the Contract in its entirety. Also, by signing below, Seller approves this assignment.

 

ADDRESS CORRECTION

CTBS AMEND: ADDRESS CORRECTION (CTME-TD)

The parties acknowledge that the Property address was incorrectly stated as ____________________. The correct Property address is ____________________. All references in the Contract and related transaction documents shall refer to the corrected address.

 

APPRAISAL GAP PROTECTION

CTBS: APPRAISAL GAP ($$$$ OVER APPRAISED VALUE) EDIT 5/9/2026 TD

If the appraised valuation is lower than the purchase price, Buyer will pay the difference between purchase price and the property’s valuation at closing up to $________ over the appraised value not to exceed the total purchase price of the contract. In no event is the Seller obligated to sell the property for less than the contract price.

 

CTBS: APPRAISAL GAP (Minimum Value to Appraise) EDIT 12/16/2025 TD

APPRAISAL GAP. Buyer will not have a right to object or terminate under the § 6.2.1 if the Appraised Value equals or exceeds $__________ (the “Minimum Acceptable Valuation”). Regardless of the amount stated for Cash at Closing in the chart in § 4.1, if the Appraised Value is less than the Purchase Price but greater than or equal to the Minimum Acceptable Valuation, then the Cash at Closing amount stated in § 4.1 will increase as necessary to offset any decline in the amount of the New Loan caused by the Appraised Value being less than the Purchase Price.

 

CBS - Low Appraisal (Buyer brings some cash & price reduction) (CTME-D.COX)

In the event the Appraisal states that the Appraised Value is less than the Purchase Price, Buyer agrees that Buyer will bring up to $________________ of additional cash to Closing to make up the difference between the Appraised Value and the Purchase Price (“Buyer Contribution”). Buyer represents that Buyer has already confirmed with the Buyer’s lender that the Buyer Contribution will not adversely impact the Buyer’s loan. If the difference between the Appraised Value and the Purchase Price is greater than the Buyer Contribution, the Purchase Price will be automatically reduced to the Appraised Value plus the Buyer Contribution. The parties agree to execute any Amend/Extend or document required by the Buyer’s lender or Closing Company to document the change in the Purchase Price.

WARNING: Despite the buyer’s representation, the buyer’s lender may still take issue with the buyer bringing additional cash to closing (e.g. buyer no longer has enough cash in reserve). Additionally, the seller still has the risk that the buyer will still default (i.e. not close) and the seller will only have a claim to the buyer’s earnest money and may still need to sell the Property for the appraised price to another buyer. Or that the appraisal comes in extremely low and the seller must drop the price substantially. Brokers must advise their sellers accordingly.

 

CBS - Low Appraisal (Buyer-price reduction) (CTME-D.COX)

In the event the Appraisal states that the Appraised Value is less than the Purchase Price, upon Seller’s receipt of a copy of such Appraisal or lender verification, the Purchase Price will be automatically reduced to the Appraised Value so long as the Purchase Price is not less than $_________________ (“Minimum Appraised Value”). The parties agree to execute any Amend/Extend or document required by the Buyer’s lender or Closing Company to document the change in the Purchase Price. Should the Appraisal state that the Appraised Value is less than the Minimum Appraised Value, this paragraph does not apply and each party will have those rights specified in § 6.2 or otherwise in the Contract.

 

CBS - Low Appraisal (Seller - buyer brings cash) (CTME-D.COX)

In the event the Appraisal states that the Appraised Value is less than the Purchase Price, Buyer agrees that Buyer will bring up to $________________ of additional cash to Closing to make up the difference between the Appraised Value and the Purchase Price ("Buyer Contribution"). Buyer represents that Buyer has already confirmed with the Buyer's lender that the Buyer Contribution will not adversely impact the Buyer's loan. If the difference between the Appraised Value and the Purchase Price is greater than the Buyer Contribution, this paragraph does not apply and each party will have those rights specified in paragraph #6.2 or otherwise in the Contract.

WARNING: Despite the buyer's representation, the buyer's lender may still take issue with the buyer bringing additional cash to closing (e.g. buyer no longer has enough cash in reserve). Additionally, the seller still has the risk that the buyer will still default (i.e. not close) and the seller will only have a claim to the buyer's earnest money and may still need to sell the Property for the appraised price to another buyer. Brokers must advise their sellers accordingly.

 

ASSIGNMENT

CTBS/AMEND: ASSIGNMENT TO BUYERS ENTITY (CTME-TD)

Buyer may elect to take title in an LLC, corporation, partnership, or other entity of Buyer’s choice, provided that Buyer is a principal, member, partner, or manager of such entity. Any such assignment shall be documented in a fully executed Amend/Extend to Contract to Buy and Sell Real Estate signed by all parties. Notwithstanding any such assignment, the original Buyer shall remain jointly and severally liable for performance under the Contract, and in the event the assignee fails to close, the original Buyer shall remain obligated to perform and close under the terms of the Contract.

 

CTBS/AMEND: ASSIGNMENT TO THIRD PARTY ENTITY (CTME-TD)

Buyer may assign this Contract to another individual or entity prior to Closing; however, any such assignment must be documented in a fully executed Amend/Extend to Contract to Buy and Sell Real Estate signed by all parties. Buyer shall provide written documentation signed by the assignee acknowledging and accepting the assignment and agreeing to assume all rights, obligations, and responsibilities of Buyer under the Contract. Upon execution of the assignment documentation and Amend/Extend, both the original Buyer and assignee shall remain jointly and severally liable for performance under the Contract. In the event the assignee fails to close, the original Buyer shall remain obligated to perform and close under the terms of the Contract.

 

CBS - Assignment - Buyer’s Entity (CTME-D.COX)

This Contract is assignable by Buyer to an entity wholly owned or controlled by Buyer on or before Closing. § 2.2 is amended accordingly.

 

ATTORNEY REVIEW

CBS - Attorney Reveiw - Seller (CTME-D.COX)

The Seller has the Right to Terminate this Contract if Seller’s attorney does not approve the terms and conditions of this Contract on or before __________________ (“Seller Attorney Approval Deadline”). If Buyer does not receive Seller’s Notice to Terminate on or before the Seller Attorney Approval Deadline, then this contingency is deemed waived by Seller.

 

CBS - Attorney Review - Buyer (CTME-D.COX)

The Buyer shall have the Right to Terminate this Contract if Buyer’s attorney does not approve the terms and conditions of this Contract on or before ____________ (“Attorney Approval Deadline”).

If Seller does not receive Buyer’s Notice to Terminate on or before the Attorney Approval Deadline, then this contingency is deemed waived by Buyer.

 

BACKUP CONTRACTS

CTBS: BACKUP CONTRACT - Buyer Friendly (CTME-TD)

BACKUP CONTRACT TERMS:

1.1 Backup Status. Seller is currently under contract to sell the Property to another buyer (the “Primary Contract”). This Contract is contingent upon the termination of the Primary Contract, in writing.

1.2 Notice of Primary Position (NPP). Upon termination or cancellation of the Primary Contract, Seller shall deliver written notice to Buyer within 24 hours of such termination or cancellation. This notice is the “Notice of Primary Position” or “NPP.” Upon delivery of NPP, this contingency shall be deemed removed and this Contract shall be in full force and effect as the primary contract for the Property. NPP must be delivered in writing pursuant to § 27. All NPP-relative dates and deadlines shall begin to run upon delivery of this notice.

1.3 Buyer’s Right to Terminate Prior to NPP. At any time prior to Seller’s delivery of the NPP, Buyer may terminate this Backup Contract by delivering written notice of termination to Seller. Upon such termination, both parties shall be released from all further obligations, and any earnest money deposited by Buyer shall be promptly refunded to Buyer.

1.4 Automatic Termination on Primary Closing. If the Primary Contract closes successfully, this Backup Contract shall automatically terminate, both parties shall be released from all further obligations, and any earnest money deposited by Buyer shall be promptly refunded to Buyer. Seller shall promptly notify Buyer in writing of such termination.

Optional add-ons:

1.5 Sunset on NPP Delivery. If the Primary Contract is not terminated or cancelled on or before ____________, this Backup Contract shall automatically terminate, and the Earnest Money shall be returned to Buyer.

1.6 Seller-Delivered Documents on Hard Dates. Any deadline for Seller-delivered documents that is set forth as a hard calendar date in the Dates and Deadlines table shall be performed by Seller on or before that date, regardless of whether NPP has been delivered.

 

CTBS: BACKUP CONTRACT - Seller Friendly (CTME-TD)

BACKUP CONTRACT TERMS:

1.1 Backup Status. Seller is currently under contract to sell the Property to another buyer (the “Primary Contract”). This Contract is contingent upon the termination of the Primary Contract, in writing.

1.2 Notice of Primary Position (NPP). Upon termination or cancellation of the Primary Contract that is not followed by reinstatement, Seller shall deliver written notice to Buyer within 24 hours of such termination or cancellation. This notice is the “Notice of Primary Position” or “NPP.” Upon delivery of NPP, this contingency shall be deemed removed and this Contract shall be in full force and effect as the primary contract for the Property. NPP must be delivered in writing pursuant to §27. All NPP-relative dates and deadlines shall begin to run upon delivery of this notice.

1.3 Seller’s Sole Discretion Over Primary Contract. Seller has the right to extend, amend, modify, terminate, or reinstate the Primary Contract at any time, in Seller’s sole discretion, without first obtaining permission from Buyer and without affecting Seller’s rights under this Backup Contract.

 

CBS - Back-Up Contract (CTME-D.COX)

Seller is currently under contract to sell the Property to another buyer (“First Contract”). This Contract is contingent upon the termination of the First Contract, in writing. Upon termination or cancellation of the First Contract, Seller will notify Buyer in writing within 24 hours of such termination or cancellation and this contingency will be deemed removed and this Contract will be in full force and effect. If, however, the First Contract is not terminated or cancelled on or before ________________, this Contract automatically terminates and the Earnest Money will be returned to Buyer. Seller has the right to extend and/or amend the terms and conditions of the First Contract without first obtaining permission from Buyer. Additionally, Seller’s obligation to notify Buyer of termination or cancellation of the First Contract may be extended in the event of a dispute with the buyer on the First Contract.

(Use TFC in the Dates and Deadlines table instead of MEC or a specific date and also use this clause.) The term “TFC” means “Termination of First Contract” and is the date upon which the First Contract is terminated and the Buyer receives written notice that the above contingency has been removed and this Contract is in full force and affect.

 

BROKER IS BUYER / BROKER IS SELLER / BROKER LICENSING DISCLOSURE

CBS - Broker is the Buyer (CTME-D.COX)

Buyer is a licensed real estate broker in the State of Colorado. Buyer may receive a portion of the commission and may be purchasing the Property in anticipation of a future profit.

 

CBS - Broker is the Seller (CTME-D.COX)

Seller is a licensed real estate broker in the State of Colorado.

 

BUYER: EXCLUSIVE RIGHT ADDITIONAL PROVISION (OPTIONAL)

ERB: ATTACHMENTS (For Attachment field of ERB) (CTME-TD)

Definitions of Working Relationships, Seller’s Advisory

 

ERB: COOPERATING GUIDE AGENT ASSISTANCE (CTME-TD)

Cooperating Guide Agent Assistance: Broker may engage another licensed Guide Real Estate broker to assist with showings or other contractual duties if Broker is unavailable due to vacation, illness, or scheduling conflicts; such broker acts on behalf of Broker, who remains responsible for all services under this Agreement, and no additional compensation shall be owed by Seller/Buyer unless agreed in writing.

 

ERS: ATTACHMENTS (For Attachment field of ERS) (CTME-TD)

Definitions of Working Relationships, Seller’s Advisory, Closing Instructions, Seller Authorization, Seller’s Property Disclosure (with Source of Water), Square Footage Disclosure, Lead-Based Paint Disclosure (if applicable), Lead-Based Paint Obligations (Seller) (if applicable)

 

ERB - Geographic Limitation (CTME-D.COX)

This Buyer Listing Contract only applies to property purchased by Buyer within ____ miles of __________________ (“Geographic Location”). In the event Buyer Purchases a property located outside of the Geographic Location, this Buyer Listing Contract does not apply, and Brokerage Firm is not entitled to its Success Fee. However, despite such purchase, this Buyer Listing Contract will remain in full force and effect for any property Buyer Purchases within the Geographic Location during the Listing Period.

 

CLEANING

CTBS/PCOA: CLEAN AT CLOSING (BY PROFESSIONAL) - No Carpet Cleaner (CTME-TD)

The Seller(s) hereby commit to ensuring, through engagement of a professional house cleaner, that upon transfer of possession to the Buyer, the Property shall be delivered in a state of cleanliness. This obligation encompasses, without limitation, the meticulous cleaning of all counter surfaces, included appliances, drawers, carpets vacuumed, and hard floors mopped, as well as the thorough removal of all refuse and excluded items/personal property from the premises.

 

CTBS/PCOA: CLEAN AT CLOSING (BY PROFESSIONAL) - With Professional Carpet Cleaner (CTME-TD)

The Seller(s) hereby commit to ensuring, through engagement of a professional house cleaner, that upon transfer of possession to the Buyer, the Property shall be delivered in a state of cleanliness. This obligation encompasses, without limitation, the meticulous cleaning of all counter surfaces, included appliances, drawers, and hard floors mopped, as well as the thorough removal of all refuse and excluded items/personal property from the premises. In addition, all carpets shall be professionally steam cleaned prior to Closing or Possession.

 

CTBS/PCOA: CLEAN AT CLOSING (BY SELLER - NO PROFESSIONALS) (CTME-TD)

The Seller(s) hereby commit to ensuring that upon transfer of possession to the Buyer, the Property shall be delivered in a clean condition. This obligation includes cleaning all counter surfaces, included appliances, drawers, carpets vacuumed, and hard floors mopped, as well as the removal of all refuse and excluded items/personal property from the premises. No professional cleaning services are required under this provision.

 

CBS - Broom Clean (CTME-D.COX)

Seller agrees to turn over the Property at possession in a “broom clean” condition. “Broom clean” means the trash and personal property have been fully removed, bathrooms and kitchen are clean, carpets are vacuumed and all hard surface floors are clean.

 

CBS - Clean - Professional Clean (CTME-D.COX)

Seller agrees the Property will be professionally cleaned in its entirety 48 hours prior to Closing. This includes but is not be limited to wiping the inside and outside of all cabinets and drawers, cleaning all surfaces, counters, windows, sills, all hard-surfaced floors and sweeping garage. All carpets must be professionally steam cleaned 48 hours prior to Closing. All nail holes and picture hanging holes will be filled and painted to match existing wall finish. All personal property not included in this transaction as well as any trash will also be removed from Property prior to Closing.

 

CLOSE EARLY

CTBS: CLOSE EARLY (CTME-TD)

Buyer is willing to close early, if Seller so chooses, and Lender/Title Company are able to accommodate.

 

COMPENSATION: VARIABLES

ERS: LISTING AGENT PROCURES BUYER - NO BUYER AGENCY OFFERED - (Put in 7.1.3. Other Compensation) (CTME-TD)

Seller agrees that if no Buyer’s Broker is involved in the transaction and the Listing Agent procures the Buyer, either as a customer or in the capacity of a transaction-broker, additional compensation in the amount of (INSERT % OR $) shall be added to the compensation due to Listing Brokerage under § 7.1.1.

 

ERS: LISTING AGENT PROCURES BUYER - REDUCE LISTING COMPENSATION (Put in 7.1.3. Other Compensation) (CTME-TD)

Seller and Listing Brokerage agree that the total compensation due under § 7.1.1 includes compensation intended to be shared with a cooperating Buyer’s Brokerage. In the event no Buyer’s Brokerage is involved in the transaction and the Listing Agent procures the Buyer, as a customer, the total compensation due to Listing Brokerage shall be reduced to (INSERT % OR $).

 

LISTINGS - Listing Agent Brings Buyer (Exclusive Right to Buy: 7.1.3. Other Compensation) (CTME-TD)

Seller agrees that if no Buyer's Broker is involved and the Listing Agent procures the Buyer either as a customer or in the capacity of a transaction broker, an additional (INSERT % OR $) compensation will be added to the compensation due to Listing Brokerage under §7.1.1.

 

LISTINGS: ZERO BUYERS AGENCY - NEGOTIABLE Exclusive Right to Buy: 28. Additional Provision: (CTME-TD)

The Seller(s) acknowledge that they have elected not to offer any Buyer’s Broker Compensation under § 7.1.1.1, and therefore no compensation will be paid from the Listing Brokerage to a Buyer’s Brokerage Firm. The compensation set forth in § 7.1.1 is exclusively for the Listing Brokerage Firm. The Seller authorizes the Listing Agent to communicate to prospective buyers and/or buyer’s brokers that the Seller is open and negotiable to considering compensation to a Buyer’s Brokerage Firm. Any such compensation, if agreed upon, shall be specified in the Contract to Buy and Sell under § 29.1 (Seller Pays). The Seller further acknowledges that any compensation paid under § 29.1 (Seller Pays) will be in addition to the compensation owed to the Listing Brokerage under § 7.1.1 of this contract.

 

CONCESSIONS / CREDITS

CONCESSION CLAUSE FOR AMEND (Additional Funds added to previous amount) (CTME-TD)

Section 4.2 – Seller Concession:

Seller agrees to provide an additional concession of {INSERT} to Buyer. Pursuant to Paragraph 4.2, this amount will be added to the previously agreed-upon concession of {INSERT}, resulting in a total Seller concession of {INSERT}. This total represents the full amount of all concessions to be disbursed by Seller at closing.

 

CTBS: CONCESSIONS - UNUSED SELLER CONCESSIONS APPLIED TO PURCHASE PRICE (Buyer Friendly) (CTME-TD)

In the event Buyer’s lender or underwriting guidelines do not permit the full use of any Seller concession, credit, or contribution provided under the Contract, any unused portion shall automatically be applied as a reduction to the Purchase Price at Closing.

 

INSP/AMEND: Seller Concessions Usage (HIGH CONCESSIONS - IF LENDER CAN'T USE) (CTME-TD)

Seller Concession. At Closing, Seller will credit to Buyer the amount stated in §4.2, along with any additional seller concessions agreed to in this Contract or in any Amendments, Resolutions, or other written agreements between the parties. These amounts may be used toward any items permitted in §4.2. Should Buyer be unable to utilize the full amount of concessions due to lender restrictions, any remaining portion shall be applied as a reduction to the Purchase Price. Any application of concessions is subject to lender approval.

 

INSP - Credit for Inspection Items (CTME-D.COX)

In lieu of inspection items, Buyer will receive $_________ of Seller Concessions at Closing.

 

CTBS ADDITIONAL PROVISIONS OTHER (OPTIONAL)

CTBS-Income: Survey Required (CTME-TD)

In the event that a Survey or ILC is required for Owners Extended Coverage (OEC), Seller will not be obligated to purchase OEC. In such a case, Buyer may purchase OEC and pay for Survey or ILC at their own expense.

 

CTBS AMEND: NAME CHANGES

CTBS AMEND: BUYER NAME CORRECTION (CTME-TD)

The parties acknowledge that the Buyer’s name was incorrectly stated in the Contract and related transaction documents as ____________________. The correct legal name of Buyer is ____________________. All references and signatures associated with the incorrect name shall be deemed to refer to the correct legal name, and all previously executed signatures and initials shall remain valid and binding.

 

CTBS AMEND: SELLER NAME CORRECTION (CTME-TD)

Seller name: (Original Name)______ to be changed to (Updated Name)_______. Where the signature for (Original Name)__ appears on any and all contracts, disclosures or documents, Buyer and Seller agree that shall be synonymous with (Updated Name)___________.

 

DUE DILIGENCE

CTBS: Due Diligence (CTME-TD)

The following documents, to the extent they are in Seller's possession and not previously provided to Buyer:

A. Any inspections, engineering/structural reports, or other written evaluations regarding the Property.

B. All receipts and invoices for work, repairs, or improvements to the Property during Seller's ownership.

C. Any warranties pertaining to the home, systems, roof, or inclusions (including transferable warranties).

D. Any documentation pertaining to insurance claims involving the Property during Seller's ownership.

E. Any permits and evidence of final/closed permits for work performed during Seller's ownership.

F. Any surveys or ILCs relating to the Property.

G. Other notices or documentation that could affect Buyer's evaluation of the Property's condition or value.

 

ESCALATION CLAUSES

CBS - Escalation (CTME-D.COX)

The Purchase Price will automatically be raised by $_____________ over the “Net Purchase Price” offered by any higher, bona fide, arm’s length offer, upon Buyer’s receipt of a copy of the higher offer. “Net Purchase Price” means the purchase price offered by the bona fide purchaser less any and all concessions, or other credits which reduce the proceeds received by the Seller. However, Buyer’s purchase price will not exceed $___________. Buyer may allocate the additional purchase price between new loan and cash at Closing as directed by Buyer’s lender. Additionally, both Buyer and Seller agree to execute an Amend/Extend with the new Purchase Price if required by Buyer’s Lender. Once the Buyer and Seller are under contract, this clause terminates and is removed from the Contract.

Prior to using this Escalation clause, brokers should review the Escalation Clause Memo dated March 5, 2015.

 

ESCROW AGREEMENT (See Instructional Guides)

Post-Closing Repair Escrow

The parties agree to establish a post-closing repair escrow for the following work, which will not be completed before Closing: ___ [describe specific

repair/work] ___. At Closing, the sum of $___ [escrow amount] ___ from Seller’s proceeds shall be held by the Title Company, as escrow agent, under a

separate written escrow agreement acceptable to the Title Company. Seller shall cause the work to be completed by or on behalf of ___ [Named

Contractor] ___ on or before ___ [completion deadline] ___. Upon written proof of completion satisfactory to Buyer, the escrow agent shall pay the

actual cost of the work from escrow and return any remaining funds to Seller. Any cost exceeding the escrowed amount shall be paid by ___ [Buyer/

Seller] ___. If the work is not completed by the deadline, Buyer may cause it to be completed and be paid the actual cost from escrow, with any

remainder returned to Seller. This provision is subject to Title Company approval and, if Buyer is obtaining financing, Buyer’s lender’s written approval

prior to funding. If such approval is not obtained, this provision shall be void and the parties shall address the unresolved repair item by written

amendment or other mutually agreed written resolution.

FINANCING

CTBS: FINANCING CHANGE WITHOUT SELLER IMPACT (CTME-TD)

Buyer may modify loan type, loan amount, down payment, financing structure, or cash-to-close amounts provided such changes do not increase Seller’s costs, delay Closing, or otherwise adversely affect Seller’s rights under the Contract.

 

CTBS: PROOF OF FUNDS - Updated Lender Letter Required (CTME-TD)

Buyer agrees to provide an updated lender letter or proof of funds upon Seller’s written request if there is a material change to the financing terms, purchase price, appraisal condition, or cash to close obligations under the Contract.

 

CTBS: PROOF OF FUNDS LATER - Cash Buyer (CTME-TD)

Buyer represents that Buyer has sufficient funds available to complete the transaction and shall provide Proof of Funds reasonably satisfactory to Seller within ______ days after acceptance of the Contract.

 

CBS - Extension for Loan Delay (CTME-D.COX)

If Buyer’s lender is unable to close the loan by the Closing Date through no fault of Buyer, the Closing Date shall automatically extend for ______ days to allow Buyer’s lender additional time to complete loan funding and closing requirements.

 

HOME WARRANTY

CBS - Home Warranty (CTME-D.COX)

Seller agrees to furnish a _____________ home warranty at (Seller’s/Buyer’s) expense at closing at a cost not to exceed $________ with a term of ________________ years.

 

CBS - Home Warranty Waiver (CTME-D.COX)

Buyer has been advised that home warranties may be available for purchase to insure the Property. However, Buyer has decided against purchasing a home warranty.

 

INCLUSIONS

CTBS: INCLUSION CLAUSE EXAMPLE (“as attached” with common inclusions) (CTME-TD)

All items installed and attached at the time of Buyer’s showing, and as referenced in the Property’s MLS details, including but not limited to: Dishwasher, Disposal, Dryer, Microwave, Range, Refrigerator, Washer.

 

CBS - Inclusions - furniture and furnishings (CTME-D.COX)

An itemized list of the included and excluded furniture and furnishings will be provided by Seller to Buyer no later than _______ calendar days after the mutual execution of the Contract and become a part of the Contract and amend paragraphs 2.5.3. and 2.6. Buyer’s has the right to review and object to said itemized list on or before the Inspection Objection Deadline. In the event Buyer’s objection is received prior to the Inspection Objection Deadline and the parties have not agreed in writing to a resolution to said objections on or before the Inspection Resolution Deadline, this Contract will terminate on the Inspection Resolution Deadline unless Seller Receives Buyer’s written withdrawal of the Buyer’s objection before such termination. If the Buyer does not object on or before the Inspection Objection Deadline, then Buyer accepts the itemized list of inclusions.

 

INSPECTION

CTBS/COUNTER: INSPECTION (Will not ask for repairs) (CTME-TD)

The Buyer agrees not to request any repairs, price reductions, or concessions based on inspection findings on either an Inspection Objection nor an Amend/Extend to Contract. Furthermore, the Buyer will conduct the inspection solely for informational purposes and Buyers’ sole remedy shall be to terminate (if applicable) by Inspection Termination Deadline.

 

CTBS: LIMITED INSPECTION (CTME-TD)

LIMITED INSPECTION: Buyer agrees not to object to any cosmetic items. Any Inspection Objection shall be limited solely to health and safety concerns, including but not limited to mechanical systems, roof, sewer, and structural components. Buyer further agrees that no Inspection Objection will be made for items with an individual repair cost of less than $1,000.

 

INSP: AIR CONDITIONING SERVICE/REPLACEMENT (CTME-TD)

Seller(s) shall, prior to Closing, have the Property’s air conditioning system inspected and serviced by a licensed HVAC contractor. Seller(s) shall provide Buyer(s) with a written report and paid invoice evidencing completion of the inspection and servicing. Seller(s) shall have contractor make any/all repairs recommended by contractor necessary for proper operation of the air conditioning system. If the system is determined to have failed, utilize obsolete refrigerant, be beyond reasonable repair, or replacement components are no longer reasonably available due to changes in efficiency or refrigerant standards, Seller(s) shall replace the system prior to Closing.

 

INSP: HVAC SERVICE AND REVIEW (CTME-TD)

Seller(s) shall have the HVAC system serviced and inspected by a reputable licensed HVAC contractor prior to Closing. Seller(s) shall provide Buyer(s) with a written report and paid invoice evidencing completion of the service and inspection. The inspection/report shall include, at a minimum, review of the furnace, heat exchanger, venting, airflow, ignition components, safety controls, and overall operating condition of the HVAC system. Seller(s) shall have contractor make any/all repairs recommended by contractor.

 

INSP: MOLD REMEDIATION AND CLEARANCE TESTING (CTME-TD)

Seller(s) shall, prior to Closing, have all visible and/or reported mold concerns professionally remediated by a qualified mold remediation contractor. Following remediation, Seller(s) shall provide Buyer(s) with a clearance test and written report from an independent qualified environmental testing company confirming the affected areas have passed post-remediation testing. Seller(s) shall provide Buyer(s) with paid invoice(s), remediation documentation, and clearance testing results prior to Closing.

 

INSP: RADON MITIGATION SYSTEM INSTALLATION (CTME-TD)

Seller(s) agrees to hire a licensed and reputable radon mitigation contractor to install a radon mitigation system prior to Closing. Radon test results were measured at ______ pCi/L, which exceeds the current EPA recommended action level of 4.0 pCi/L. Following installation, Seller(s) shall have the Property re-tested for radon levels and shall provide Buyer(s) with post-mitigation test results demonstrating radon levels at or below 4.0 pCi/L. If post-mitigation test results exceed 4.0 pCi/L, Seller(s) shall have the radon mitigation contractor make any additional repairs, modifications, or reinstallation necessary, and re-test the Property until radon levels are confirmed at or below 4.0 pCi/L. Seller(s) shall provide Buyer(s) with paid invoice(s), warranty documentation, and any permit/final inspection documentation (if applicable) prior to Closing.

 

INSP: REPLACEMENT OF FPE/ZINSCO ELECTRICAL PANEL (CTME-TD)

Seller(s) shall, prior to Closing, have the Property’s existing electrical panel replaced by a licensed electrical contractor due to the panel being an older brand/model known to have potential safety and fire concerns. Replacement panel shall be properly permitted and installed in accordance with current code requirements. Seller(s) shall provide Buyer(s) with paid invoice(s), permit documentation (if applicable), and any final inspection approval documentation prior to Closing.

 

INSP: SEWER CLEANING/REVIEW REPAIR (CTME-TD)

SEWER Seller(s) to have a reputable licensed, local plumbing company:

- Clean sewer.

- Video scope the sewer after cleaning (to show work has been completed in a satisfactory manner) and provide the video to Buyer(s).

- Have plumber provide a written report as to the condition of the sewer line and all of its components.

Seller(s) shall have plumber make any/all repairs as recommended by plumber.

 

INSP: SEWER LINE REPLACEMENT (CTME-TD)

Seller(s) shall, prior to Closing, have the Property’s sewer line repaired and/or replaced as recommended by a reputable licensed plumbing contractor based upon sewer scope findings and contractor recommendations. All work shall be completed by a licensed plumbing contractor in accordance with current code requirements. Seller(s) shall provide Buyer(s) with paid invoice(s), video scope documentation, warranty information, and any permit/final inspection documentation (if applicable) prior to Closing.

 

INSP: STRUCTURAL ENGINEER REVIEW AND REPAIR (CTME-TD)

Seller(s) shall, prior to Closing, retain a licensed structural engineer to inspect and evaluate the structural components of the Property related to Buyer’s inspection concerns. Seller(s) shall provide Buyer(s) with a written report prepared by the structural engineer regarding the condition of the affected structural components and any recommended repairs. Seller(s) shall have all recommended repairs completed by a qualified licensed contractor prior to Closing and shall provide Buyer(s) with paid invoice(s) and supporting documentation evidencing completion of such repairs.

 

INSP: TOTAL ROOF REPLACEMENT (CTME-TD)

Seller(s) shall, prior to Closing, have the Property’s roof fully replaced due to the roof having significant damage requiring total roof replacement. Seller(s) may elect, at Seller’s sole discretion, to process the roof replacement through Seller’s insurance company or pay for replacement independently. Replacement roof shall be installed by a licensed roofing contractor in accordance with current code requirements. Replacement shingles shall be a minimum 30-year architectural/dimensional shingle or equivalent quality material. Buyer shall have the right to select the shingle color from the contractor’s standard available color options. Seller(s) shall provide Buyer(s) with paid invoice(s), warranty documentation, and any permit/final inspection documentation (if applicable) prior to Closing.

 

INSP: WATER HEATER REPLACEMENT (CTME-TD)

Seller(s) shall, prior to Closing, have the Property’s water heater replaced by a licensed contractor due to age, condition, improper installation, or operational concerns identified during inspection. Replacement water heater shall be properly installed in accordance with current code requirements. Seller(s) shall provide Buyer(s) with paid invoice(s), warranty documentation, and any permit/final inspection documentation (if applicable) prior to Closing.

 

INSP: WINDOW REPAIR/REPLACEMENT (CTME-TD)

Seller(s) shall, prior to Closing, repair and/or replace any windows identified during inspection as having broken glass, failed seals, operational defects, water intrusion concerns, or other material defects affecting the functionality or condition of the windows. Any replacement windows shall be of reasonably comparable quality and appearance to the existing windows. Seller(s) shall provide Buyer(s) with paid invoice(s) and warranty documentation (if applicable) prior to Closing.

 

INSP - Inspection Waiver (CTME-D.COX)

Buyer understands the Buyer has the right to inspect the Property prior to the Inspection Objection Deadline under the terms of the Contract. However, Buyer has decided against having the Property inspected.

 

INSP - Repair of Inspection Items (CTME-D.COX)

At least ______ days prior to Closing, Seller will have the following work (“Inspection Work”) performed in a professional and lawful manner:

• • • Upon completion of the Inspection Work, Seller will notify Buyer that the Inspection Work is complete and will provide Buyer with copies of all invoices with proof of payment. Buyer will then have three (3) days from Buyer’s receipt of the Seller’s notice to have the Inspection Work inspected and to make any objection to the Inspection Work in Buyer’s reasonable discretion. If the Inspection Work was not performed to the reasonable satisfaction of Buyer, Buyer may, within seven (7) days after receiving Seller’s notice or before closing, whichever is earlier: 1) terminate the Contract pursuant to paragraph § 24.1; or 2) notify the Seller that the Seller is in default under this Contract and pursue Buyer’s remedies for such default. If Seller does not receive Buyer’s objection to the Inspection Work within the time permitted above, Buyer accepts the Inspection Work as satisfactory.

 

LISTING: EXCLUSIVE RIGHT ADDITIONAL PROVISION (OPTIONAL)

ERS: 24 HR. OFFER REVIEW & NO BUYER LETTERS (CTME-TD)

Seller(s) instruct Listing Broker to include in the MLS and/or broker remarks that Seller requests a minimum of 24 hours to review offers and that Seller will not review or consider buyer “love letters,” personal letters, photographs, videos, or other materials unrelated to the terms of the offer.

 

ERS: COOPERATING GUIDE AGENT ASSISTANCE (CTME-TD)

Cooperating Guide Agent Assistance: Broker may engage another licensed Guide Real Estate broker to assist with showings or other contractual duties if Broker is unavailable due to vacation, illness, or scheduling conflicts; such broker acts on behalf of Broker, who remains responsible for all services under this Agreement, and no additional compensation shall be owed by Seller/Buyer unless agreed in writing.

 

ERS: EARLY TERMINATION REIMBURSEMENT (CTME-TD)

Early Termination Reimbursement: If Seller(s) and Listing Agent mutually agree to terminate this Listing Contract prior to the expiration date, Seller(s) agree to reimburse Listing Broker for all photography and media costs (estimated $350–$800). The listing shall not be considered terminated until such reimbursement has been paid in full.

| LS - Video | 12/31/2021 | D.COX | | --- | --- | --- | | (inserted into § 9.3.2 – Broker Marketing) – Seller is strongly encouraged to remove any items (e.g.: family photos, jewelry, antiques, etc.) Seller does not want appearing in any pictures or video. Broker will notify Seller at least 24 hours prior to taking any videos or pictures. LS - Exclusion to Listing (CTME-D.COX) Source: CTME │ Date: 12/31/2021 │ Initials: D.COX │ Exact Match: NO It is agreed that in the event Seller accepts a written contract for the sale and purchase of the Property from _______________________________________________ and notifies Broker, in writing, on or before _________________, 20___, neither the Broker nor the Brokerage Firm will be entitled to any Sale Commission on said Sale. Seller will submit a copy of the executed contract to the Broker as evidence of said contract. Furthermore, Broker’s duties under the Seller Listing Contract will be suspended until such time as the contract closes, terminates or is canceled. Upon termination or cancellation, the Broker will resume Broker’s duties under the Seller Listing Contract. |

 

ERS: LISTING TO GO LIVE / SHOWINGS START (CTME-TD)

Seller(s) acknowledge that although Seller has entered into a Listing Agreement with Broker, Seller is not yet prepared for the Property to be actively marketed, entered into the MLS, photographed, or made available for showings. Seller(s) shall notify Listing Broker in writing (email acceptable) when Seller(s) authorize photography, activation of the listing in the MLS, and commencement of showings. Until such written authorization is received from Seller(s), Broker shall not activate the listing in the MLS or allow showings of the Property unless otherwise authorized by Seller(s).

 

ERS: OFF MARKET LISTING REQUIRED VERBIAGE. (CTME-TD)

Pursuant to the Seller’s written instruction and direction, the Broker agrees to market the Property as an off-market listing. Accordingly, while the Property will be submitted to the Multiple Listing Service (MLS), it shall not be disseminated to MLS Participants, nor publicly promoted through conventional marketing or advertising channels accessible to the general public. The Broker has duly informed the Seller of the potential advantages inherent in this strategy, including, but not limited to, enhanced privacy, a targeted outreach to select prospects, and greater control over the scheduling and conduct of property showings. The Broker has likewise disclosed to the Seller the potential disadvantages and associated risks of this approach, which may include, without limitation, diminished visibility among the broader market of prospective purchasers and the possibility of achieving a sales price below that which might result from full market exposure. The Seller acknowledges having received and understood such advisements and, notwithstanding the foregoing disclosures, expressly elects to proceed with the off-market strategy. Should the Seller choose, prior to the acceptance of any offer, to pursue full market exposure, the Broker shall accommodate the change. Such a change, however, may require, at the Broker’s sole discretion, an amendment to the compensation terms specified within this Listing Contract.

 

LS - Exclusion to Listing (CTME-D.COX)

It is agreed that in the event Seller accepts a written contract for the sale and purchase of the Property from _______________________________________________ and notifies Broker, in writing, on or before _________________, 20___, neither the Broker nor the Brokerage Firm will be entitled to any Sale Commission on said Sale. Seller will submit a copy of the executed contract to the Broker as evidence of said contract. Furthermore, Broker’s duties under the Seller Listing Contract will be suspended until such time as the contract closes, terminates or is canceled. Upon termination or cancellation, the Broker will resume Broker’s duties under the Seller Listing Contract.

 

LS - Video (CTME-D.COX)

(inserted into § 9.3.2 – Broker Marketing) – Seller is strongly encouraged to remove any items (e.g.: family photos, jewelry, antiques, etc.) Seller does not want appearing in any pictures or video. Broker will notify Seller at least 24 hours prior to taking any videos or pictures.

 

POST CLOSING OCCUPANCY CLAUSES

PCOA-CLOSING OCCUPANCY VACATE (Early Vacate) (CTME-TD)

If the seller(s) choose to vacate the property earlier than Possession Date/Time, Sellers must provide the buyer(s) with a written notice of at least 24 hours. Possession will immediately transfer from the seller to the buyer upon the seller vacating the property.

SEE CLEANING CLAUSES ALSO

 

REBATES

ERB - Rebate to Buyer (CTME-D.COX)

Broker agrees to rebate $_______ of the Success Fee to Buyer provided:

- The entire Success Fee is being paid by the seller or the listing brokerage firm; and,

- Buyer’s rebate is fully disclosed to Buyer’s lender and is on the Settlement Statements and/or Closing Disclosure at closing.

 

LS - Rebate to Seller (CTME-D.COX)

Seller is entitled to a rebate of % of the Sale Commission provided Seller closes on another home within six (6) months from the date of closing on the Sale of this Property and Brokerage Firm earns a commission on the new home of at least $_______ and provided Seller’s lender approves said rebate. The rebate will be deducted from the Brokerage Firm’s commission on the purchase of the new home and will be reflected as a credit to Seller on the Settlement Statements for the purchase of the new home. Such credit may be reflected on the Settlement Statements as a credit from the new home seller after Brokerage Firm agrees to take a lesser commission.

 

SALE OF HOME CONTINGENCY

CTBS/COUNTER: SALE OF HOME CONTINGENCY – DISCLOSURE & STATUS REQUIREMENTS (Seller Friendly) (CTME-TD)

Buyer’s obligations under this Contract are contingent upon the sale and closing of Buyer’s property pursuant to § 10.7 of the Contract. Within 2 days after Buyer enters into a contract for the sale of Buyer’s property, Buyer shall provide Seller with a copy of the executed contract. Buyer shall also provide Seller with copies of any amendments extending deadlines, changing closing dates, or otherwise materially affecting Buyer’s sale transaction within 2 days after execution of such amendments. Buyer shall keep Seller reasonably informed regarding the status of Buyer’s sale transaction, including satisfaction or waiver of major contingencies, and shall promptly notify Seller in writing of any material adverse change that may delay or prevent closing, including but not limited to termination of Buyer’s contract, financing issues, appraisal issues, title issues, inspection disputes, or failure of contingencies. Upon Seller/Listing Agent’s written request, Buyer shall provide reasonable written evidence confirming the status of Buyer’s sale transaction and scheduled closing.

 

CTBS: SALE OF HOME - LISTING/UNDER CONTRACT DEADLINES (CTME-TD)

Per § 10.7 of the Contract, Buyer’s obligations remain contingent upon the sale and closing of Buyer’s property. Buyer agrees to list Buyer’s property on the Multiple Listing Service (MLS) no later than __________________. If Buyer’s property is not under contract by __________________, Seller reserves the right to terminate this Contract without penalty or further obligation by providing written notice to Buyer, and the Earnest Money shall be returned to Buyer.

 

CTBS: SALE OF HOME - NOT LISTED DEADLINES (CTME-TD)

All parties acknowledge that Buyer’s property is not currently listed for sale. Buyer agrees to list Buyer’s property on the Multiple Listing Service (MLS) on or before __________________. If Buyer’s property is not under contract on or before __________________, Seller reserves the right to terminate this Contract by providing written notice to Buyer, whereupon all Earnest Money shall be returned to Buyer. The parties may mutually agree in writing to extend the listing and/or under contract deadlines.

 

CTBS: SALE OF HOME CONTINGENCY – BUYER PROTECTIONS & DEADLINE CLARIFICATION (Buyer Friendly) (CTME-TD)

Buyer’s obligations under this Contract remain contingent upon the sale and closing of Buyer’s property pursuant to § 10.7 of the Contract. Seller acknowledges that Buyer’s sale transaction may involve amendments, extensions, lender-required repairs, appraisal conditions, or other customary changes that do not necessarily indicate failure of Buyer’s transaction. Buyer shall not be deemed in default under this Contract solely because Buyer’s sale transaction is amended, extended, delayed, or subject to additional contingencies, provided Buyer continues to act in good faith toward closing. Seller agrees to reasonably cooperate with any necessary amendments to Closing, possession, or deadline dates reasonably related to the completion of Buyer’s sale transaction, provided such changes do not materially prejudice Seller.

 

BUYER SALE CONTINGENCY (KICK OUT CLAUSE) (CTME-D.COX) — SELLER FRIENDLY

Buyer’s obligations under this Contract are contingent upon Buyer entering into a contract for the sale of Buyer’s property located at __________________________________ (“Buyer’s Property”) on or before __________________ and closing on Buyer’s Property on or before __________________. Seller may continue to market the Property for sale and may accept another contract (“Second Contract”). If Seller accepts a Second Contract, Seller will give Buyer written notice. Buyer will then have _____ hours after receipt of Seller’s notice to: 1) remove the contingency relating to Buyer’s Property and proceed with this Contract; or 2) terminate this Contract by written notice to Seller. If Buyer does not timely remove the contingency or terminate this Contract, Seller may terminate this Contract by written notice to Buyer.

 

SELLER REPLACEMENT PROPERTY

CTBS: SELLER REPLACEMENT PROPERTY CONTINGENCY (CTME-TD)

Seller’s obligations under this Contract are contingent upon Seller entering into a contract to purchase a suitable replacement property (“Replacement Property”) on or before ______ days after Mutual Execution of this Contract (“Replacement Property Contract Deadline”) and successfully closing on such Replacement Property.

If Seller does not enter into a contract for the Replacement Property by the Replacement Property Contract Deadline, or if the Replacement Property contract is terminated prior to closing, either Seller or Buyer may terminate this Contract by providing written notice to the other party, and the Earnest Money Deposit shall be returned to Buyer.

Seller’s obligations under this Contract are further contingent upon Seller successfully closing on the Replacement Property. In the event Seller is unable to close on the Replacement Property, either Seller or Buyer may terminate this Contract by providing written notice to the other party, and the Earnest Money Deposit shall be returned to Buyer.

The parties agree to cooperate in good faith regarding any reasonable amendments to Dates and Deadlines necessary due to the Seller’s Replacement Property transaction. Any extensions or modifications to Dates and Deadlines must be agreed to in writing through an Amend/Extend to Contract.

 

CBS - Seller Replacement Home (CTME-D.COX)

This Contract is contingent upon Seller closing on the purchase of a replacement home acceptable to Seller on or before ________________ (“Conditional Purchase Deadline”). Seller has the Right to Terminate effective upon Buyer’s receipt of Seller’s Notice to Terminate on or before Conditional Purchase Deadline if such property is not purchased and closed by such deadline. If Buyer does not receive Seller’s Notice to Terminate on or before Conditional Purchase Deadline, Seller waives any right to Terminate under this provision. Seller’s broker is authorized and instructed to advise Buyer as to status on Seller’s purchase of the replacement home.

 

SEPTIC

CTBS: Septic Inspection Report Delivery Date - Additional Provision (CTME-TD)

DON`T FORGET: PUT THE NAME AND DATE IN DATES & DEADLINES TABLE!

Septic Inspection Report Delivery Date:

Seller shall have the septic system pumped and inspected and shall deliver the septic inspection report to Buyer on or before the Septic Inspection Report Delivery Date set forth in the Dates and Deadlines section.

 

CBS - Septic - No Septic Use Permit (CTME-D.COX)

At least three (3) days prior to the Inspection Objection Deadline, Seller, at Seller’s sole expense, will provide Buyer with the following:

1. Copy of the original septic use permit issued by the applicable County Department of Health or applicable governmental agency;

2. A septic inspection report completed within the last ____ days and produced from reputable private contractor acceptable to Buyer;

3. Evidence that the septic tank has been pumped within the last ________ days.

 

CBS - Septic County Require Septic Use Permit (CTME-D.COX)

Paragraph 10.6.1.5., is amended as follows:

1. The term "Septic Use Permit" includes any document required by the local health department regarding the septic system to transfer ownership of the Property to the Buyer regardless of the name, or title.

2. In the event Seller is required to make repairs to the septic system in excess of $____________ in order for the County to issue the Septic Use Permit, this Contract will automatically terminate within three (3) days of the Seller being notified of such repair requirements unless the parties enter into a mutual agreement.

 

SOLAR PANEL DISCLOSURES

CTBS: SOLAR PANELS - PAID OFF AT CLOSING (CTME-TD)

There are solar panels installed on the Property. Seller represents that the solar panels are or will be paid in full at or prior to Closing. If payoff of the solar panels is not reflected on the final settlement statement, Seller agrees to provide Buyer and/or Title Company with written documentation evidencing the solar panels have been paid in full and are free of any loan, lien, lease obligation, or financing encumbrance prior to Closing. Seller further agrees to cooperate with all reasonable requests for information and documentation regarding the solar panels.

 

ERS: SOLAR PANELS - BUYER TO ASSUME PAYMENTS (CTME-TD)

Seller has informed Listing Broker that the solar panels installed on the Property are subject to an existing loan and/or lease obligation that will not be paid off at Closing. Buyer shall be required to assume the existing solar payment obligation, which is currently approximately $________ per month, subject to lender/solar company approval and transfer requirements. Listing Broker is authorized to advertise such assumption requirement.

 

ERS: SOLAR PANELS - PAYOFF MAY BE NEGOTIABLE WITH OFFER (CTME-TD)

Seller has informed Listing Broker that the solar panels installed on the Property are currently subject to an existing loan and/or lease obligation with payments currently approximately $________ per month. Seller may consider paying off the solar obligation with an acceptable offer; otherwise Buyer may be required to assume the existing solar payment obligation subject to lender/solar company approval and transfer requirements. Listing Broker is authorized to advertise that payoff of the solar obligation may be negotiable with the terms of an offer.

 

ERS: SOLAR PANELS - SELLER STATES PANELS ARE PAID IN FULL (CTME-TD)

Seller has informed Listing Broker that the solar panels installed on the Property are paid in full and are not subject to any outstanding loan, lease, lien, or financing obligation. Seller agrees to provide supporting documentation upon request.

 

ERS: SOLAR PANELS - TO BE PAID OFF AT CLOSING (CTME-TD)

Seller has informed Listing Broker that the solar panels installed on the Property are currently subject to a loan, lease, or financing obligation, but Seller intends to pay such obligation in full at or prior to Closing. Listing Broker is authorized to advertise that the solar panels will be paid off at Closing.

 

TEAMS

ERB: TEAM DISCLOSURES - Buyer (Mandatory for all Teams or Partnerships) (CTME-TD)

Team Clause: Broker is a member of the (insert team name) (“Team”). The Team consists of the following licensed real estate brokers: (insert all licensed team members) (“Team Members”). All of the Team Members are designated as “Broker” under paragraph #3.3 of this Exclusive Right-to-Buy Contract. In the event one of the Team Members leaves the Team, the Team will send Buyer an email advising the Buyer that the leaving Team Member is no longer a “Broker” and is automatically removed from the Exclusive Right-to-Buy Contract.

 

ERS: TEAM DISCLOSURES - Seller (Mandatory for all Teams or Partnerships) (CTME-TD)

Team Clause: Broker is a member of the (insert team name) (“Team”). The Team consists of the following licensed real estate brokers: (insert all licensed team members) (“Team Members”). All of the Team Members are designated as “Broker” under paragraph #3.3 of this Seller Listing Contract. In the event one of the Team Members leaves the Team, the Team will send Seller an email advising the Seller that the leaving Team Member is no longer a “Broker” and is automatically removed from the Exclusive Right to Contract.

 

TERMINATION OF EXCLUSIVE RIGHT

ERB - Termination (CTME-D.COX)

The Buyer Listing Contract between the Buyer, the Broker and the Brokerage Firm is terminated effective immediately. Brokerage Firm and Broker hereby waive any and all right to commission or fees from Buyer. Buyer releases Broker and Brokerage Firm from any and all responsibility, obligations and claims relating to the Buyer Listing Contract.

 

ERB - Termination of Listing Contract (CTME-D.COX)

USE ATTORNEY DRAFTED BUYER OR SELLER LISTING CONTRACT TERMINATION AGREEMENT

 

LS - Termination (CTME-D.COX)

The Seller Listing Contract between the Seller, the Broker and the Brokerage Firm is terminated effective immediately. Brokerage Firm and Broker hereby waive any and all right to commission or fees from Seller. Seller understands that Seller may owe a buyer’s broker’s commission and that neither the Broker nor the Brokerage Firm owes anything to the buyer, buyer’s broker, or Seller.

Seller agrees to indemnify and hold harmless Brokerage Firm and Broker against any and all claims by a buyer or buyer’s broker against Brokerage Firm or Broker for payment of a buyer’s broker’s commission. Seller also releases Broker and Brokerage Firm from any and all responsibility, obligations and claims relating to the Seller Listing Contract or the sale of the Property.

 

LS - Termination of Listing Contract (CTME-D.COX)

USE ATTORNEY DRAFTED BUYER OR SELLER LISTING CONTRACT TERMINATION AGREEMENT

 

TITLE COMPANY DIRECTIVES

CTBS: TITLE CHOICE BY BUYER (Select Seller Picks and Pays then add this to Additional Provisions) (CTME-TD)

8.1.1 Buyer requests and Seller agrees to select (insert Title Company.)

 

CLOSING INST - Title Company held Earnest Money (CTME-D.COX)

In the event the transaction between Buyer and Seller fails to close and the parties; a) have not made competing claims to the earnest money deposit, and; b) have not mutually authorized, in writing, the Closing Company to disburse the funds, then the earnest money deposit will be disbursed as instructed by Seller’s broker’s brokerage firm.

 

TRANSACTION COORDINATOR CLAUSES

Transaction Coordinator Clause (Buyer) (CTME-TD)

Transaction Coordinator Authorization: Buyer understands that (insert coordinator name) ("Coordinator") is an unlicensed assistant and will be helping Broker throughout this transaction. Buyer authorizes Coordinator to receive Buyer's personal information. The Broker is solely responsible for paying Coordinator.

 

Transaction Coordinator Clause (Seller) (CTME-TD)

Transaction Coordinator Authorization: Seller understands that (insert coordinator name) ("Coordinator") is an unlicensed assistant and will be helping Broker throughout this transaction. Seller authorizes Coordinator to receive Seller's personal information. The Broker is solely responsible for paying Coordinator.

 

VIEWING PROPERTY CONTINGENCY

CBS - Buyer Viewing Contingency (CTME-D.COX)

Buyer entered into this Contract prior to viewing the Property. Therefore, this Contract is contingent upon Buyer viewing and approving the Property, in Buyes sole subjective discretion, on or before the Viewing Termination Deadline. If Seller does not receive Buyers written notice to terminate due to Buyer`s disapproval of the Property on or before the Viewing Termination Deadline, Buyer is deemed to have approved the Property under this provision and this Contract will remain in full force and effect. This contingency is in addition to any other rights Buyer has under the terms of this Contract including those rights under §10.

Add Viewing Termination Deadline to the Dates and Deadline table.

 

WALK-THROUGH

CBS - Walk-Through (CTME-D.COX)

Seller agrees that Buyer’s rights under § 18.4 will include, at Buyer’s option, the right to conduct both a preliminary walk-through of the Property to be scheduled seven days prior to Closing, and a subsequent or “final” walk-through of the Property just prior to Closing.

 

WELL

WELL TESTING using Water Rights Examination Deadline (CTME-TD)

NOTE: MAKE SURE YOU HAVE A DATE IN THE DATES AND DEADLINES FOR WATER RIGHTS EXAMINATION DEADLINE. ADD CLAUSE BELOW TO ADDITIONAL PROVISIONS

§ 2.7.6 – The Water Rights Examination Deadline shall also apply to any Well/Water testing results obtained by Buyer or Seller. If the results are unsatisfactory to Buyer, in Buyer's sole discretion, Buyer may terminate on or before the deadline.

 

CBS - Well (CTME-D.COX)

At least three (3) days prior to the Inspection Objection Deadline, Seller, at Seller’s sole expense, shall provide Buyer with the following:

1. Copies of the well permit, completion report and statement of beneficial use on the ground water well on the Property, as issued by the Colorado Division of Water Resources.

2. A bacteriological water test report conducted on the ground water well completed within the last days and produced by the County Department of Health or a reputable private contractor acceptable to Buyer.

NOTE – This clause not to be used if well does not have permit. If there is no permit, contact your leadership for advice.

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