HomeMy WebLinkAbout92-123 - McCarthy Dent & Hogan - Sales Agreement Short Plat 84-12-BLA• IMMLAIorm No. 21
✓ try t
- Page 1 of 2 Pages*
..,,1-- - /.2 3
III A C:" Ci T
, ceZ L19111
Puget Sound Multiple Listing Association
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGiREEMENT _ �Ll BLGHTRZESERVED
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU ARE ADO TQ SEEK LEGALE,LAAnnv-` r[,E RPFRF efr, iwgg JJ''
The Buyer, Citv of Tukwila agrees to buy
and Seller agrees to sell, on the following terms, the property known as =` , -. . 1 40t11.
City of Tukwila
Lot 2, Cityhort
,lir ; County, Washington, legally described ❑ as attached as follows:
Plat ;-. _4 -13 -
(Buyer and Seller authorize Selling Agent or closing agent to insert or correct, over their signatures, the legal description of the property.) Except in paragraph 11, the term "agent"
means the real estate company.
1. PURCHASE PRICE. The purchase price Is C i ?i r : Thirty r sem, 4 ; i x --
($ 134, 0i 0.00 ) , including the earnest money.
2. METHOD OF PAYMENT.
3uyer agrees to i - Ay -ail Cx sh at
receipt& earnest away.
i
3. FINANCING. This offer 0 Is Er is not conditioned on Buyer obtaining a 0 Conventional 0 FHA ❑ VA purchase loan. (If itis, attach Addendum No. 22A)
4. CONTINGENCY. This agreement 0 Is iff is not conditioned on the sale of Buyer's home. (If It Is, attach Addendum No. 22B)
5. STRUCTURAL/HAZARDOUS MATERIALS INSPECTION. This Agreement:
❑ is fJ Is not conditioned on a professional inspection of the structural, mechanical and general condition of the property. If it is, attach PSMLA Form No. 35A or other Building
Inspection Addendum.
❑ is Is not conditioned on a professional hazardous materials inspection of the property. If it Is, attach PSMLA Form No. 35B or other Hazardous Materials Inspection
Addendum.
The parties acknowledge that the Listing and Selling Agents have no expertise on these matters, and recommend the above inspections.
6. UTILITIES. Seller warrants that the property Is connected to a: -public water main ❑ well D•public sewer main 0 septic tank 0 none of the foregoing.
7. LEASED FIXTURES. THE FOLLOWING FIXTURES ARE LEASED: anone 0 furnace 0 gas conversion burner ❑ hot water heater 0 other:
. Any leased fixtures are included in the sale and SELLER AG REES TO ACQUIRE TITLE TO THE SAME PRIOR TO CLOSING.
8. CLOSING OF SALE. The closing agent shall be Araryt or such other closing agent as Buyer shall designate.
If paragraph 4 above Isnot conditioned on sale of Buyer's home this sale shall be dosed on''Y[r y ,19 ' Y or sooner by agreementof the parties.
If paragraph 4 above 1s conditioned on sale of Buyer's home this sale shall be closed ilia days (10 days if not filled in) after closing the sale of Buyers home
or nia days (301f not filled In) after Buyer's waiver of that contingency, or sooner by agreement of the parties.
9. FIRPTA - TAX WITHHOLDING AT CLOSING. The Closing Agent is instructed to prepare a certification (PSMLA Form 22E, or equivalent) that Seller Is not a'foreign person'
within the meaning of the Foreign Investment In Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise
exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
10. POSSESSION. Buyer shall be entitled to possession [on dosing 0
"Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. Seller agrees to maintain the property and included appliances
in their present condition, normal wear and tear excepted, until Buyer is entitled to possession.
11. AGENCY DISCLOSURE. At the signing of this agreement, the Selling Agent ' of S
(Insert names of Selling Agent and broker)
represented '`la
and the Listing Agent
represented i a . Each party signing this agreement confirms that prior oral and/or written disclosure of agency was provided to him/
her in this transaction.
12. INCLUDED ITEMS. Any of the following personal property located in or on the property is included in this sale: built-in appliances; wall-to-wall carpeting; curtains, drapes and
all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning, and heating equipment;
wood stoves; fireplace Inserts; irrigation fixtures and equipment; electric garage door openers; water heaters; Installed electrical fixtures; lights and light bulbs; shrubs, plants
and trees; hot tubs; and all bathroom and other fixtures.
13. CONDITION OF TITLE. Unless otherwise specified in this Agreement, title to the property shall be marketable at closing. The following shall not cause the title to be
unmarketable: rights, reservations, covenants, conditions and restrictions presently of record and general to the area; easements and encroachments not materially affecting
the value of or unduly interfering with Buyers intended use of the property; and reserved oil and/or mining rights. Monetary encumbrances not assumed by Buyer shall be paid
by the Seller on or before dosing.
14. TITLE INSURANCE. Seller authorizes Lender or Closing Agent, at Sellers expense, to apply for a standard form buyer's policy of title insurance, with homeowners additional
protection and Inflation protection endorsements if available at no additional cost. The preliminary commitment therefor, and the title policy to be issued, shall contain no
exceptions other than the General Exdusions and Exceptions in said standard form. If title cannot be made so insurable prior to the dosing date the earnest money shall,
unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in paragraph 28 hereof, and this Agreement shall
thereupon be terminated.
15. CONVEYANCING/PERFORMANCE.
WARRANTY DEED. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a Buyers interest in a Real Estate Contract, the Statutory
Warranty Deed shall Include a Buyer's assignment of the contract sufficient to convey after acquired title.
SECURITY. If this Agreement Is for sale on either a Real Estate Contractor a Note secured by Deed of Trust, the parties agree to the FORM(S) ATTACHED HERETO unless
an institution providing flnandng requires different forms. If Real Estate Contract Form LPB-44 Is attached hereto, only those optional clauses in that form required by the terms
of this Agreement shall apply.
LIABILITY FOR PAYMENTS. The holder is entitled to collect payments on a Real Estate Contract or Note EVEN THOUGH THE BUYER ABANDONS and/or offers to quit
claim the property to the holder
PERFORMANCE. Time Is of the essence of this Agreement.
ASSIGNMENT. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein.
16. UNDERLYING ENCUMBRANCES. If there Is an existing Deed of Trust, Real Estate Contract, or other encumbrance which is to remain unpaid after closing and Its terms
require the holders consent to this sale, Buyer agrees to promptly apply for such consent and this Agreement is conditioned on it being obtained.
17. CONDITION OF WELL. Seller warrants the private well (if any) serving the property: (a) Has always provided an adequate supply of household and yard water, meeting State
Department of Social and Health Services purity standards; and (b) Continued use of the well Is authorized by a State Water Right Certificate or is legally exempt from the
requirement of a Certificate.
18. CONDITION OF SEPTIC SYSTEM. Seller warrants that the septic system Many) serving the property is: (a) In good working order and Seller has no knowledge of any needed
repairs; and (b) Meets all applicable Governmental, health, construction and other standards.
(Insert names of Listing Agent and broker)
INITIALS: Buyer -' Buyer Seller— ,..t Seller `
f�:
,• plif lltlForm No. 21
Re% 12/91
Page 2 of 2 Pagoo
•
•
•
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
(CONTINUED)
C Copyright 1982
Puget Sound Multiple Listing Association
ALL RIGHTS RESERVED
19. SALE INFORMATION. The Listing or Selling Agent Is authorized to report this Agreement (including price and all terms) to the Multiple Listlng Service that published It and
to Its members; flnandng institutions; appraisers; and anyone else related to this sale. Buyer and Seller authorize all lenders, closing agents, appraisers, tltle insurance
companies, and others related to this sale, to furnish the listing and/or selling agent, on request, any and all information and copies of documents concerning the status, progress
and final disposition of financing, appraisal, closing, title condition, and any other matter concerning this sale, INCLUDING BUYER'S CREDIT REPORT. (FHA regulations
prohibit lenders giving credit information to anyone on FHA loans.)
20. SEATTLE REQUIREMENTS. If the property is In the City of Seattle, Seller agrees to comply with the following Seattle ordinances before closing of this sale: (a) Deliver to
Buyer a Certificate of Land Use and Local Assessments (not applicable to single family dwellings not represented to be a lawful site for more than one dwelling unit): and (b)
U.L. approved smoke detectors are installed. Only In buildings constructed before 1980 may the smoke detectors be battery powered.
21. CLOSING COSTS AND PRORATION. Seller and Buyer shall each pay one-half of escrow fee unless thls sale Is FHA or VA financed, in which case it shall be paid according
to FHA or VA regulations. Seller shall pay real estate exdse tax. Taxes for the current year, rent, Interest, and !tenable home owner's assodation duds shall be prorated as
of dosing. Buyer agrees to pay Buyer's loan costs, Induding credit report, appraisal charge and mortgagee's tile Insurance, unless provided otherwise In this Agreement. If
any payments are delinquent on encumbrances which will remain after dosing, Closing Agent is instructed to pay them at closing from money due, or to be paid by, Seller. Buyer
agrees to pay for remaining oil In fuel tank If, prior to dosing, Seller obtains a written statement as to the quantity and current price from the supplier. Sillier agrees to pay all
utility charges (Including unbilled charges). Buyer understands that the Listing and Selling agents are not responsible for, or to Insure payment of, Sellers utility charges.
22. INSULATION- NEW CONSTRUCTION. If this Is new construction, Federal Trade Commission Regulations require the following to befitted in: (If insulation is not yet selected,
FTC regulations require Seller to furnish Buyer the information below In wilting as soon as available.)
Wall Insulation: Type: Thickness: R -Value:
Ceiling Insulation: Type: Thickness: R -Value:
Other Insulation data:
u
23. NOTICES. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement must be In wntlng; signed by any one Buyer or Seller (including either
husband or wife
shall commence on the day following receipt of the no
business day. SELLER AND BUYER MUST KEE
OF A NOTICE
Any time limit in or applicable to a notice
unless that is a Saturday, Sunday or holiday, in which event (twill commence on the next following
DVISED OF THEIR WHEREABOUTS TO RECEIVE PROMPT NOTIFICATION OF RECEIPT
24. FACSIMILE TRANSMISSION. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery
of an original. At the request of either party, or the Closing Agent, the parties wilt confirm facsimile transmitted signatures by signing an original doaiment.
25. BUYER'S FUNDS TO CLOSE. Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement, and is not relying on any contingent
source of funds or gifts unless expressly set forth elsewhere in this Agreement.
26. ADDENDUMS. In addltlon to any other Addendums referred to In this Agreement, the following Addendums are attached hereto:] None -t1'
27. COUNTEROFFERS. 11 either par ma a future counteroffer, the other party shall have until 9:00 p.m. on theati. day (If not filled , the second day) fol!Qwing)ts
receipt b i R o accept the counteroffer, unless sooner withdrawn. Acceptance Is not affective until signed thereof Is received t41e
If the counteroffer Is not accepted, It shall lapse and the earnest money shall be refunded to the Buyer. t L
28. EARNEST MONEY RECEIPT. Buyerof $ 11°3.5' eamest money, In the form of: 0 Cash 0 Personal check
❑ Promissory note due ,19 it Other dam' , to be held:,) By the Closing Agent
❑ In Selling Agent's pooled trust account (with interest pail to the Washington Housing Fund). Selling Agent may, however, transfer the earnest money to the Closing Agent.
If the earnest money is to be held by Selling Agent and Is over $5,000, it shall be deposited to: 0 Selling Agent's pooled trust account ❑ A separate trust account in Selling
Agent's name, with the Interest credited at dosing to Buyer/Seller (strike one) whose Social Security (or taxpayer ID) Number Is:
1- fi�loae, whoever Is entitled to the earnest money Is entitled to the Interest.
t shall not deposit any check until Buyer and Seller have signed this Agreement. Buyer agrees to pay financing and purchase costs Incurred by Buyer. If all or
part of the earnest money Is to be returned to Buyer and any such costs remain unpaid, the Selling Agent may deduct and pay them therefrom.
SELLING AGENT(COMPANY) rLI Office No. --` Office Ph. Home Ph.—
;s�
+ii,e ti
BY PRINT NAME
29. DEFAULT AND ATTORNEY'S FEES. If the following conditions are met, and the Buyer falls, without legal excuse (grounds) to complete the purchase of the property, the
earnest money deposit made by the Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure:
(1) The earnest money does not exceed 5% of the purchase price.
(2) If Buyer is purchasing the property primarily for personal, family or household purposes, Buyer and Seller must Initials here for the above clause to apply:
Sellers Buyers
If both the above conditions are not met, and Buyer falls, without legal excuse (grounds), to complete the purchase of the property, Seller shall have the option to either: (a)
Retaln the earnest money as liquidated damages, (b) Collect actual damages, or (c) Obtain specific performance together with any Incidental damages.
If Buyer, Seller, Listing or Selling Agent Institutes suit concerning this Agreement, the prevailing party is entitled to court costs and a reasonable attorney's fee. In the event
of trial the amount of the attomey's fee shall be fixed by the court. The venue of any suit shall be the county in which the property Is located. _
30. AGREEMENT TO PURCHASE -AND TIME LIMiT FOR ACCEPTANCE. Buyer offers to purchase the property on the above terms and conditions. Seller has until midnight
of ,1gto !•• l = (if not filled in, the day following the last Buyer sig Jur data low). Acceptance is not effective
. ,..«; . ,
until a signed copy hereof is actually received by or at the office • -• • = t. If this offer Is not so accepted, it shall lapse an Wit t shall refund the eamest money
to Buyer.
Buyer Date 19 Home Ph.
Buyer } ^!( Date
p3)423-1,::,112
.1 T1 ,,�. 19' Office P
tr. AL1 _�, i415aoo aaLtoatx1via, Iatia,,Sthlrl,
Buyer's Address
31. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the property on the terms and conditions herein, and further agrees to pay a commisslon
In a total amount computed In accordance with the llstlng agreement. The commission shall be apportioned between llstlng and selling Agents as spedfled in the listing.
ate``
11 there 1s no written listing agreement, Seller agrees to pay Selling Agent a commission of
% of sales price or $ '` ' . Seller assigns to Agent(s) a portion of the sales
proceeds equal to the cpmmisslon. If earnest money Is retained as liquidated damages, any costs advanced or committed by Agent(s) for Buyer or Seller shall be reimbursed
or paid therefrom, art the balance Wall be divided equally between Seller and Listing Agent. Seller acknowledges receipt of a copy of this Agreement, sired by both parties.
.- Seller . _ .� t€ -a' Date r . e -t _ 19'.'. Home Ph( ) —.--i
* Seller _ *,.Date
Paul %. = aril t— -i '"OC1,- J.
Print Seller's Names
1.651 17th Av : . .3 ., ._
� .tt,l=_:, €..i. 931b1:;
Seller's Address c _,
nia.
Listing Office Office No. Office Ph. MLS No.
32. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller signed copy of this Agreement, ons 19'
- 'BUYEBO t?L ,1. ,";anb», - :;ion BUYER
19 Office Ph.
WHITE—Selling Agent's Copy GREEN—Escrow Copy CANARY—Purchaser's 2nd Copy PINK --Sellers Copy GOLD—Purchaser's 1st Copy
ADDENDUM sA" TO PURCHASE & SALE AGREEMENT DATED SEPTEMBER 25, 1992
BETWEEN PAUL K. HAGGARD AND GALIA HAGGARD, HUSBAND AND WIFE,
SELLERS, AND CITY OF TUKWILA, BUYER.
1. HAZARDOUS WASTE:
Seller has no knowledge which indicates any part of the
Property has now or had in the past any hazardous substance or
contamination on, in, or at the Property or which indicates
there has at any time been any release or threatened release of
any hazardous substance from or into the Property as the terms
"hazardous substance", "contamination", "release" and
"threatened release" are used under either (i) the
Comprehensive Environmental Response, Compensation and
Liability Act and the Superfund amendment and Reauthorization
Act of 1986; (ii) Chapter 70.105D, Revised Codes of Washington;
or (iii) regulations implementing any of such laws. Seller has
no knowledge that any underground storage tanks are located on
the property. Seller has no knowledge which indicates that any
governmental agency has investigated, or has begun or intends
to begin any investigation of, the Property or has otherwise
performed or required or begun or intends to begin or to
require any remedial action with respect to the Property under
the authority of such laws or implementing regulations. These
warranties and representations shall survive closing and shall
not be merged in the deed and shall also survive any
inspections or investigation made by buyer.
is �....
aul K. e.'.a ri`
Seller
td, /01/7A 2_
Date Ap/J • n W. Rants,
Mayor, Datil
.ity of Tukwila, Buyer
is Haggard,
Seiler
Date