RE-22 PRE-SOLD NEW CONSTRUCTION REAL ESTATE PURCHASE AND SALE AGREEMENT

Transcription

1 RE-22 PRE-SOLD NEW CONSTRUCTION REAL ESTATE PURCHASE AND SALE AGREEMENT THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR REPRESENTATIONS EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY. JULY 2017 EDITION Page 1 of ID# DATE LISTING AGENCY Office Phone # Fax # Listing Agent Phone # SELLING AGENCY Office Phone # Fax # Selling Agent Phone # 1. BUYER: (Hereafter called BUYER ) agrees to purchase, and CONTRACTOR/SELLER: (Hereafter called SELLER ) agrees to sell the following pre-sold new construction residence hereinafter described and to be constructed on the following real estate hereinafter referred to as PROPERTY COMMONLY KNOWN AS: in the City of County of, Idaho, Zip Code which is legally described as Lot No., Block Subdivision, in accordance with the plat of record in the office of the County Recorder or alternatively, legally described as: or Legal Description Attached as exhibit:. (Exhibit must accompany original offer and be signed or initialed by BUYER and SELLER.) 2. $ TOTAL PURCHASE PRICE: DOLLARS, payable upon the following TERMS AND CONDITIONS (not including closing costs): The purchase price: includes; does not include the parcel of real PROPERTY described above. The real PROPERTY is owned by the: BUYER, SELLER, OTHER. Parcel of real PROPERTY will be conveyed from BUYER to SELLER prior to start of construction: YES NO N/A (Not Applicable) This offer is contingent upon the sale, refinance, and/or closing of any other property Yes No 3. FINANCIAL TERMS: Note: A+C+D+E+F must add up to total purchase price. (A). $ EARNEST MONEY: BUYER hereby offers DOLLARS as Earnest Money in the following form: cash personal check cashier's check note (due date): other and receipt is hereby acknowledged OR BUYER will deliver Earnest Money within business days (three [3] if left blank) of acceptance. Earnest Money to be deposited in trust account upon receipt or upon acceptance by BUYER and SELLER or other and shall be held by: Listing Broker Selling Broker Closing Agency other for the benefit of the parties hereto. Earnest Money to become NON-REFUNDABLE upon the: issuance of building permit, and/or removal of the following contingencies: Approval of Final Plans, Finance, Sale of Home or Property, Other: (See Attached Addendum(s) # ) THE RESPONSIBLE BROKER SHALL BE:. (B).ALL CASH OFFER: NO YES If this is an all cash offer do not complete Sections 3C and 3D, fill blanks with N/A (Not Applicable). IF CASH OFFER, BUYER S OBLIGATION TO CLOSE SHALL BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER within business days (five [5] if left blank) from the date of acceptance of this agreement by all parties, written confirmation of sufficient funds and/or proceeds necessary to close transaction. Acceptable documentation includes, but is not limited to, a copy of a recent bank or financial statement. Cash proceeds from another sale: Yes No (C). $ NEW LOAN PROCEEDS: This Agreement is contingent upon BUYER obtaining the following financing: FIRST LOAN of $ not including mortgage insurance, through FHA, VA, CONVENTIONAL, IHFA, RURAL DEVELOPMENT, oother with interest not to exceed % for a period of year(s) at: Fixed Rate Other. In the event BUYER is unable, after exercising good faith efforts, to obtain the indicated financing, BUYER s Earnest Money shall be returned to BUYER. SECOND LOAN of $ through FHA, VA, CONVENTIONAL, IHFA, RURAL DEVELOPMENT, oother with interest not to exceed % for a period of year(s) at: Fixed Rate Other. LOAN APPLICATION: BUYER has applied OR oshall apply for such loan(s). Within business days (ten [10] if left blank) of final acceptance of all parties, BUYER agrees to furnish SELLER with a written confirmation showing lender approval of credit report, income verification, debt JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 1 of 9

2 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 2 of ratios, and evidence of sufficient funds and/or proceeds necessary to close transaction in a manner acceptable to the SELLER(S) and subject only to satisfactory appraisal and final lender underwriting. If an appraisal is required by lender, the PROPERTY must appraise at not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER, at SELLER S sole discretion, agrees to reduce the purchase price to meet the appraised value. SELLER shall be entitled to a copy of the appraisal and shall have 24 hours from receipt thereof to notify BUYER of any price reduction. BUYER may also apply for a loan with different conditions and costs and close transaction provided all other terms and conditions of this Agreement are fulfilled, and the new loan does not increase the costs or requirements to the SELLER. FHA / VA: If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to complete the purchase of the PROPERTY described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the appraised value of the PROPERTY of not less than the sales price as stated in the contract. If such written confirmation required in 3(B) or 3(C) is not received by SELLER(S) within the strict time allotted, SELLER(S) may at their option cancel this agreement by notifying BUYER(S) in writing of such cancellation within business days (three [3] if left blank) after written confirmation was required. If SELLER does not cancel within the strict time period specified as set forth herein, SELLER shall be deemed to have accepted such written confirmation of lender approval and shall be deemed to have elected to proceed with the transaction. SELLER S approval shall not be unreasonably withheld. (D). $ ADDITIONAL FINANCIAL TERMS: o Additional financial terms are specified under the heading ADDITIONAL TERMS AND/OR CONDITIONS (Section 50). o Additional financial terms are contained in an addendum # of same date, attached hereto, signed by both parties. (E). $ ADDITIONAL NONREFUNDABLE CONSIDERATION to be deposited: with SELLER, in a trust account or oother within business days (five [5] if left blank) from: oacceptance of offer or oby removal of the following contingencies: ofinancing, osale of a home or property, oapproval of final plans, osee attached Addendum(s) oother Any such additional consideration shall be applied against the purchase price at closing (F). $ APPROXIMATE CASH AT CLOSING: CASH at closing, not including closing costs, to be paid by BUYER at closing in GOOD FUNDS, which includes: CASH, ELECTRONIC TRANSFER FUNDS, CERTIFIED CHECK or CASHIER S CHECK. 4. OWNER OCCUPANCY: BUYER does does not intend to occupy PROPERTY as BUYER S primary residence. 5. CASH ADVANCES. Any and all cash advances paid by BUYER to SELLER pursuant to this Agreement (other than Earnest Money deposited with a real estate brokerage) shall be paid as follows:, or as per the terms of a separate agreement made in writing and signed by the parties. Such cash advances shall be deposited, together with escrow instructions, with the real estate brokerage holding the Earnest Money Seller other entity identified as authorized to act as trustee under Idaho law. The use of such deposits shall be limited to the purchase of the building lot and/or construction of the residence as set forth in this Agreement. Any escrow fee shall be paid by: SELLER BUYER Shared Equally. 6. APPLICABLE: The letters n/a, N/A, n.a., and N.A. as used herein are abbreviations of the term not applicable. Where this agreement uses the term not applicable or an abbreviation thereof, it shall be evidence that the parties have contemplated certain facts or conditions and have determined that such facts or conditions do not apply to the agreement or transaction herein. 7. SELLER shall construct a new residence and related improvements in accordance with: The SELLER S model (No. or Name) Elevation Garage orientation FHA/VA Registered Plan Other (specify) 8. PLANS AND SPECIFICATIONS: No changes shall be made to the Plans and Specifications or the purchase price except as agreed to in a written change order signed by BUYER and SELLER which sets forth the changes to be made and the amount of adjustment in the purchase price required by said change. A. BUYER is purchasing the residence based on inspection of a model home or an FHA/VA Registered Plan or other Plan referred to in Section 7. The SELLER shall provide an addendum attached hereto which specifies the finish material and structural option which is included In the total purchase price of the residence. Any deviations from the addendum referenced in this Section shall be agreed to in writing indicating the nature and cost of the changes. B. BUYER is purchasing a custom built residence not based on a model, but on detailed Plans and Specifications of the residence. BUYER has reviewed and approved all Plans and Specifications and they are attached and incorporated herein by reference. C. There is an Architectural Control Committee: NO YES. If the Architectural Control Committee is required to review and approve all Plans and Specifications, they shall review and approve the Plans and Specifications within business days (ten [10] if left blank). D. There is an approval fee for Architectural Control: NO YES. The fee is $ payable by: BUYER; SELLER; other 9. SELECTION OF COLORS AND FINISH MATERIALS: The Plans and Specifications contain descriptions of the grade and type of materials to be used in finishing the residence or a dollar allowance for such items. The cost of said materials is included in the purchase price. To the extent that a choice of color or type of material is required, BUYER shall notify SELLER in writing of such selections no later than business days (ten [10] if left blank) after receipt of SELLER S written request for such selection. If BUYER has not notified SELLER in writing of such selections as set forth above, SELLER JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 2 of 9

3 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 3 of shall have the right to make said selections at SELLER S sole discretion to avoid delay in completion of construction. If BUYER S selection of color, grade, or type of finishing materials pursuant to this Section are for materials more or less expensive than those described or allowed for in the Plans and Specifications, or attached as an addendum, any adjustments shall be paid for or credited as agreed to by BUYER and SELLER in writing. 10. PRELIMINARY CONSTRUCTION MEETING (PCM): BUYER S PCM with SELLER is to be scheduled within business days (ten [10] if left blank) of acceptance of this agreement by all parties. BUYER agrees that after the PCM there will be NO MORE CHANGES, ADDITIONS OR DELETIONS to the house except as agreed to in a written change order signed by BUYER and SELLER which sets forth the changes to be made and the amount of adjustment in the purchase price required by said change. BUYER acknowledges that any changes, additions or deletions made from the date of this contract and after the PCM may delay the construction of the house and final occupancy date. 11. CONSTRUCTION COMPLIANCE: Construction of the residence shall be in accordance with the standards and requirements of all applicable federal, state, and local governmental laws, ordinances and regulations as well as all applicable CC&Rs. If the permanent financing to be obtained by the BUYER is based on an FHA or VA loan, all FHA or VA requirements relating to construction of the residence and closing of the permanent financing shall be met. 12. CONSTRUCTION SITE: DURING THE CONSTRUCTION OF THE RESIDENCE, BUYERS, THEIR AGENTS, EMPLOYEES AND REPRESENTATIVES WHO VISIT OR INSPECT THE PROPERTY UNDERSTAND AND ACKNOWLEDGE THE PROPERTY MAY CONTAIN HAZARDOUS CONDITIONS. BUYER HEREBY AGREES TO WAIVE ANY CLAIM they may have against the SELLER or SELLER S agent, employees or representatives for injuries sustained by BUYER, their agents, employees or representatives on the PROPERTY. 13. MOLD DISCLAIMER: BUYER is hereby advised that mold and/or other microorganisms may exist at the Property. Upon closing BUYER acknowledges and agrees to accept full responsibility and risk for any matters that may result from mold and/ or other microorganisms and to hold SELLER and any Broker or agent representing SELLER or BUYER harmless from any liability or damages (financial or otherwise) relating to such matters. 14. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs): BUYER is responsible for obtaining and reviewing a copy of any CC&Rs which may affect the PROPERTY. BUYER shall have business days (five [5] if left blank) but in no event shall such time period exceed that time period set forth for inspections in Section 10, to review any CC&Rs that may affect the PROPERTY. Unless BUYER delivers to SELLER a written and signed objection to the terms of any applicable CC&Rs with particularity describing BUYER S reasonable objections within such time period as set forth above, BUYER shall be deemed to have conclusively waived any objection to the terms of any CC&Rs affecting the PROPERTY, nothing contained herein shall constitute a waiver of BUYER to challenge CC&Rs directly with a homeowners association after closing. If BUYER timely and reasonably objects to a term of the CC&Rs, this Agreement shall terminate and the Ernest Money shall be returned to BUYER. 15. SUBDIVISION HOMEOWNER S ASSOCIATION: BUYER is aware that membership in a Home Owner s Association may be required and BUYER agrees to abide by the Articles of Incorporation, Bylaws and rules and regulations of the Association. BUYER is further aware that the PROPERTY may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions. BUYER has reviewed Homeowner s Association Documents: Yes No N/A. Association fees/dues are $ per. BUYER SELLER Shared Equally N/A to pay Homeowner s Association SET UP FEE of $. and/or BUYER SELLER Shared Equally N/A to pay Homeowner s Association PROPERTY TRANSFER FEES of $ at closing. 16. PRIVATE WELL: The private well(s) is/are provided by: N/A BUYER SELLER. If SELLER provides the well(s), the well(s) to the best of SELLER S knowledge, provide(s) an adequate supply of water for domestic use and the continued use of the well(s) is/are authorized by a state permit or other legal water right. 17. SEPTIC TANK: The septic tank is provided by: N/A BUYER SELLER. If installed by SELLER, the SELLER warrants that any septic system or drain field serving the PROPERTY has been installed and inspected at the time of closing according to guidelines set forth by the appropriate governmental entity. 18. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPERTY are included in and are part of the sale of this PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 19. WATER RIGHTS: Any and all water rights including but not limited to water systems, wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights, and the like, if any, appurtenant to the PROPERTY are included in and are a part of the sale of this PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 20. RISK OF LOSS FOR ALL PARTIES DURING CONSTRUCTION (Including Sweat Equity): In the event BUYER is owner of the lot or performs sweat equity, BUYER and SELLER are advised to seek legal counsel regarding potential liabilities. During construction period and until closing, the BUYER and SELLER agree that: A. BUYER SELLER shall maintain in full force and effect, at their expense, an all-risk insurance policy for the full replacement value of all completed portions of improvements included in the residence and all construction materials located on-site, BUYER and SELLER agree to share the cost of all-risk insurance policy: Equally Other, and B. BUYER SELLER shall maintain in full force and effect, at their expense, complete coverage worker s compensation insurance to insure against all claims of persons employed to complete the residence, and will also provide written evidence that all subcontractors and their employees have complete worker s compensation insurance, and BUYER and SELLER agree to share the cost of worker s compensation insurance: Equally Other, and C. BUYER SELLER shall maintain in full force and effect public liability insurance in an amount adequate to cover his/her risk. BUYER and SELLER agree to share the cost of public liability insurance: Equally Other. 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4 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 4 of GRADING AND DRAINAGE: BUYER understands PROPERTY has been or will be graded by SELLER to drain PROPERTY in accordance with a city/county approved grading plan and standards at the time of closing. BUYER understands any future construction on the PROPERTY after closing (including pools, spas, landscaping, etc.) if not engineered correctly, can disrupt the proper drainage and cause flooding and other problems and SELLER assumes no responsibility. BUYER also understands the installation of fences by either BUYER or SELLER are privacy walls and are not designed for drainage control. SELLER assumes no responsibility if BUYER affects the drainage of the PROPERTY negatively. 22. SELLER WARRANTIES: SELLER warrants that: (a) SELLER has received no claim or notice of any building or zoning violation concerning the PROPERTY which has not or will not be remedied prior to closing; (b) all obligations against the PROPERTY including taxes, assessments, mortgages, liens or other encumbrances of any nature shall be brought current on or before closing: and the plumbing, heating, and electrical systems, and structural elements of the residence are warranted in writing for a minimum period of years (one [1] if left blank) from date of closing. 23. SUBSTANTIAL COMPLETION: The residence shall be substantially complete when occupancy of the residence is allowable under the rules, ordinances and laws of the appropriate civil jurisdiction in which the PROPERTY is located. In the absence of such governmental regulations, substantial completion shall be when the residence is ready for occupancy and only minor work remains, which is corrective or reparative in nature. 24. INSULATION DISCLOSURE: BUYER hereby acknowledges that the wall and ceiling insulation referenced in any of SELLER S advertising or promotional materials encompasses only the heated / cooled areas of the house. In addition, houses built using FHA, VA or other government financing may require the floors over the crawl space to be insulated also. Regulations of the Federal Trade Commission require SELLER to provide BUYER with the following information concerning the insulation installed or to be installed in the House. (Note: R-Values measure resistance to heat flow. The higher the R- Value, the greater the insulating power). As a minimum the following insulation will be installed: INSULATED AREA R-VALUE YES NO N/A EXTERIOR WALLS R- YES NO N/A TOP FLOOR / CEILING R- YES NO N/A FLOORS OVER CRAWL SPACE R- YES NO N/A GARAGE R- YES NO N/A OTHER R- YES NO N/A 25. CONNECTIONS, UTILITIES: SELLER represents that the PROPERTY, upon completion of construction, will have the following improvements which are included in the purchase price: BUYER shall be responsible for activating and paying for costs and fees associated with services, as applicable, after closing. WHEN UTILITIES CONNECTED CONNECTED AVAILABLE AVAILABLE AVAILABLE APPLICABLE PUBLIC SEWER SEPTIC TANK OTHER SANITARY SYSTEM PUBLIC WATER COMMUNITY WATER SYSTEM SHARED WELL PRIVATE WELL IRRIGATION WATER RIGHTS PRESSURIZED IRRIGATION NATURAL GAS UTILITIES CONNECTED CONNECTED AVAILABLE AVAILABLE WHEN AVAILABLE APPLICABLE ELECTRICITY PHONE LINE CABLE / MASTER ANTENNA / TV ANTENNA JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 4 of 9

5 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 5 of OTHER RIGHTS. SELLER represents that the PROPERTY will have the following additional improvements: OTHER RIGHTS PAVED PAVED APPLICABLE PUBLIC STREET CURB & GUTTER SIDEWALKS PRIVATE STREET PRIVATE EASEMENT OTHER IMPROVEMENTS INSTALLED BY BUYER INSTALLED BY SELLER INSTALLED BY OTHER MAIL BOX COSTS PAID BY: The parties agree to pay the following costs as indicated below. None of the costs to be paid by the parties in this section creates an inspection or performance obligation other than strictly for the payment of costs unless otherwise stated below. There may be other costs incurred in addition to those set forth below. Such costs may be required by the lender, by law, or by other such circumstances. Requested tests/inspection reports as indicated below shall be provided to the other party within business days (ten [10] if left blank) prior to closing. Upon closing SELLER agrees to pay % of the purchase price OR $ (dollar amount) (N/A if left blank) of lenderapproved BUYER S closing costs, lender fees, prepaid costs which include but are not limited to those items in BUYER columns marked below. The concession can also be used for any other expense not related to financing at the BUYER s discretion. APPRAISAL FEE BUYER SELLER SHARE EQUALLY APPLICABLE APPRAISAL RE-INSPECT FEE LOAN ASSUMPTION DOMESTIC WELL WATER POTABILITY TEST Shall be ordered by: BUYER SELLER DOMESTIC WELL WATER PRODUCTIVITY TEST Shall be ordered by: BUYER SELLER SEPTIC TANK INSPECTION Shall be ordered by: BUYER SELLER DOCUMENT PREPARATION CONTRACT PREPARATION OR REVIEW - ATTORNEY FEES SURVEY Shall be ordered by: BUYER SELLER FLOOD TRACKING FEE FLOOD CERTIFICATION FEE CLOSING ESCROW FEE TAX SERVICE FEE TITLE INSURANCE - STANDARD OWNER S POLICY TITLE INSURANCE - OWNER S EXTENDED COVERAGE TITLE INSURANCE - LENDER S EXTENDED COVERAGE TITLE INSURANCE HOMEOWNERS EXPANDED COVERAGE ENDORSEMENT SELLER agrees to pay for all building permit fees, impact fees and any other fees required by governmental statutes or regulations and all connection fees except the following: JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 5 of 9

6 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 6 of SURVEY: The PROPERTY corners are are not marked by survey pins or stakes. If a survey is required to mark the PROPERTY corners prior to commencement of construction, the cost will be paid by: BUYER SELLER Shared equally N/A. 29. COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature of two identical copies of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all identical copies shall together constitute one and the same instrument. 30. ATTORNEY S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorneys fees, including such costs and fees on appeal. 31. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M. in the local time zone where the subject real PROPERTY is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized by the state of Idaho as found in Idaho Code If the time in which any act required under this agreement is to be performed is based upon a business day calculation, then it shall be computed by excluding the calendar day of execution and including the last business day. The first business day shall be the first business day after the date of execution. If the last day is a legal holiday, then the time for performance shall be the next subsequent business day. 32. CALENDAR DAYS: A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject real PROPERTY is physically located. A calendar day shall include any legal holiday. The time in which any act required under this agreement is to be performed shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference to day or days in this agreement means the same as calendar day, unless specifically enumerated as a business day. 33. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission shall be the same as delivery of an original. At the request of either the BUYER or SELLER, or the LENDER, or the Closing Agency, the BUYER and SELLER will confirm facsimile or electronic transmitted signatures by signing an original document. 34. SALES PRICE INFORMATION: Pursuant to Idaho Code (6)(d), a sold price of real property is not confidential client information. 35. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties respecting such matters. 36. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase money at date of closing. No liens, encumbrances, or defects which are to be discharged or assumed by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. 37. TITLE INSURANCE: (A) PRELIMINARY TITLE COMMITMENT: Within business days (six [6] if left blank) of final acceptance of all parties furnish to BUYER a preliminary commitment of a title insurance policy showing the condition of the title to said PROPERTY. BUYER shall have business days (two [2] if left blank) after receipt of the preliminary commitment, within which to object in writing to the condition of the title as set forth in the preliminary commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. It is agreed that if the title of said PROPERTY is not marketable, and cannot be made so within business days (two [2] if left blank) after SELLER S receipt of a written objection and statement of defect from BUYER, then BUYER S Earnest Money deposit shall be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee, escrow and legal fees, if any. (B) STANDARD COVERAGE OWNER S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the amount of the purchase price of the PROPERTY showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by BUYER. The risk assumed by the title company in the standard coverage policy is limited to matters of public record. BUYER shall receive a ILTA/ALTA Owner s Policy of Title Insurance. A title company, at BUYER s request, can provide information about the availability, desirability, coverage and cost of various title insurance coverages and endorsements. If BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct Closing Agency in writing and pay any increase in cost unless otherwise provided herein. (C) EXTENDED COVERAGE OWNER S POLICY: A standard policy of title insurance does not cover certain potential problems or risks such as liens (i.e. a legal claim against PROPERTY for payment of some debt or obligation, boundary disputes, claims of easement and other matters of claims if they are not of public record at time of closing). However, under Idaho law, such potential claims against the PROPERTY may have become legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended that BUYER talk to a title insurance company about what it offers in the way of extended coverage title policies and endorsements. This extended coverage owner s policy is for the benefit of the owner and provides similar coverage like that provided by the extended coverage lender s policy. Extended Coverage Title Policy requested YES or NO. Additional premium paid by BUYER SELLER (D) EXTENDED COVERAGE LENDER S POLICY (Mortgagee policy): The lender will require that the BUYER (BORROWER) furnish an extended coverage lenders policy. This extended coverage lender s policy considers matters of public record and additionally insures against certain matters not shown in the public record. This extended coverage lender s policy is solely for the benefit of the lender and only protects the lender. (E) HOME OWNER S EXPANDED COVERAGE ENDORSEMENT: This endorsement attaches to and becomes a part of a Standard Title Policy. This endorsement shall be effective only if at date of policy there is located on the land described in said policy a one to four family residential structure in which the insured owner resides either at date of policy or at any time prior to the time insured owner acquires knowledge of a potential claim hereunder. The title company hereby insures the insured Owner of the estate or interest against loss or damage which the Insured Owner shall sustain by reason of the existence at date of policy of any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at date of policy, except a work of improvement for which said insured Owner has agreed to be JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 6 of 9

7 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 7 of responsible. Also covers other problems but only after a final court order of judgment that requires removal. Home Owner s Expanded Coverage Endorsement requested: NO or YES If YES, additional premium paid by BUYER SELLER (F) The parties agree that Title Company located at shall provide title policy and preliminary report of commitment. 38. MECHANIC S LIENS - GENERAL CONTRACTOR DISCLOSURE STATEMENT ICE: BUYER and SELLER are hereby notified that, subject to Idaho Code et seq., a General Contractor must provide a Disclosure Statement to a homeowner that describes certain rights afforded to the homeowner (e.g. lien waivers, general liability insurance, extended policies of title insurance, surety bonds, and sub-contractor information). The Disclosure Statement must be given to a homeowner prior to the General Contractor entering into any contract in an amount exceeding $2,000 with a homeowner for construction, alteration, repair, or other improvements to real property, or with a residential real property purchaser for the purchase and sale of newly constructed property. Such disclosure is the responsibility of the General Contractor and it is not the duty of your agent to obtain this information on your behalf. You are advised to consult with any General Contractor subject to Idaho Code et seq. regarding the General Contractor Disclosure Statement. Contractor Registration. Idaho Code et seq. requires that contractors be registered with the Idaho Contractor Board, administered by the Idaho Bureau of Occupational Licenses. The contractor must display his contractor registration number prominently at his place of business, on advertising, contracts, permits, company or business letterheads, purchase orders and subcontracts. It is not the duty of your agent to obtain the contractor's registration information, and no agent is authorized to obtain such information on your behalf unless otherwise agreed to in writing. You may contact the Bureau of Occupational Licenses at: 1109 Main St., Suite 220, Boise, Idaho 83702, or by telephone at: (208) DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney s fees: and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER S Broker, provided that the amount to be paid to SELLER S Broker shall not exceed the Broker s agreed to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER S sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, appraisals, credit report fees, inspection fees and attorney s fees, with any balance of the Earnest Money to be held pending resolution of the matter. If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER S Earnest Money deposit shall be returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, appraisals, credit report fees, inspection fees, brokerage fees and attorney s fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. 40. SINGULAR AND PLURAL: terms each include the other, when appropriate. 41. SEVERABILITY: In the case that any one or more of the provisions contained in this Agreement, or any application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 42. COUNTER OFFERS: Any counter offer made by SELLER or BUYER shall be in writing and, if attached hereto, shall incorporate all the provisions of the Agreement not expressly modified or excluded therein. 43. TIME IS OF THE ESSENCE - UNAVOIDABLE DELAY: In the event the residence may not be substantially complete by the date provided in Section 46 herein due to interruption of transport, availability of materials, strikes, fire, flood, extreme weather, governmental regulations, delays caused by lender, acts of God or similar occurrences beyond the control of SELLER, SELLER shall immediately provide BUYER written notice of the nature and projected time of delay. If any of the above actually cause a delay in substantial completion and SELLER has provided written notice of the delay to BUYER, the completion date shall be extended for a reasonable period based on the nature of the delay, but in no event shall the extension be more than thirty (30) days beyond the completion date set in Section 47 herein. AFTER THAT DATE, THE COMPLETION DATE MAY ONLY BE EXTENDED, MODIFIED OR ALTERED BY A FURTHER AGREEMENT IN WRITING EXECUTED BY BUYER AND SELLER. Time is of the essence in this Agreement. 44. HOMEOWNERS FINAL INSPECTION AND ORIENTATION: SELLER and BUYER agree that a final inspection of the PROPERTY by the BUYER and/or their agents or representatives will take place approximately calendar days (three [3] if left blank) prior to the close of escrow. SELLER agrees to make PROPERTY available for the final inspection and agrees to accept the responsibility and expense for making sure all utilities are turned on, except for phone and cable service. This final inspection will be for the purposes of satisfying BUYER that any unfinished work agreed to in writing by BUYER and SELLER have been completed as agreed by the plans and specifications. Any and all work previously agreed to in writing by BUYER and SELLER found to be unfinished or completed in a deficient manner shall be fixed and or finished prior to the close of escrow. The final inspection shall also serve as an orientation for the purpose of educating the BUYER about the home and how everything works. If BUYER does not conduct a final inspection, BUYER shall conclusively be deemed to have approved the PROPERTY as is other than for items which SELLER has otherwise agreed in writing to repair or correct. Additionally, BUYER specifically releases the BROKER and the SELLER of any liability for any issues that may have been discovered during a final inspection. 45. CLOSING PROCEDURES: SELLER shall provide BUYER written notice of substantial completion of the residence. BUYER and SELLER agree to close within business days (five [5] if left blank) of BUYER S receipt of notice of substantial completion. If after receipt of such notice, minor items of corrective or repair work remain, then BUYER, pending completion of such work, may withhold in escrow at closing a reasonable amount agreed to by SELLER and BUYER sufficient to pay for completion of such work. If such work is not completed within twenty (20) business days after closing, the amount so escrowed may, at BUYER S option, be released to BUYER as liquidated and agreed damages for failure to complete. There shall be no deviation from the closing schedule set forth herein except upon the written agreement of BUYER and SELLER. JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 7 of 9

8 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 8 of CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to complete the transaction. Closing means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. The closing date shall be no later than. The parties agree that the closing agency for this transaction shall be located at. 47. POSSESSION: BUYER shall be entitled to possession: upon closing or other date time. 48. PRORATIONS: Property taxes and water assessments (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed, and utilities shall be prorated upon closing or as of date. BUYER to reimburse SELLER for fuel in tank Yes No N/A. Dollar amount may be determined by SELLER s supplier. 49. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following identified special considerations and/or contingencies which must be satisfied prior to closing: SALE OF EXISTING HOME and/or PROPERTY CONTINGENCY: This contract is contingent upon the closing of escrow on the sale of the BUYER S present home and/or property located at: City State Home and/or Property is LISTED CURRENTLY LISTED WITH: Office Phone Listing Agent Fax # Other Phone The closing of this existing home and/or property is scheduled for 50. ADDITIONAL TERMS AND/OR CONDITIONS: 51. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, Broker may reasonably rely on the terms of this Agreement or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover all costs which were incurred as a result of the dispute including, but not limited to, reasonable attorney's fees. If either parties Broker incurs attorney s fees as a result of any Earnest Money dispute, whether or not formal legal action is taken, said Broker is entitled to recover actual fees incurred from either BUYER or SELLER. 52. REPRESENTATION CONFIRMATION: Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). Section 1: A. The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S). B. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. C. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). Section 2: A. The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S). B. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. C. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S). D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 53. ASSIGNMENT: This Agreement and any rights or interests created herein may may not be sold, transferred, or otherwise assigned. 54. AUTHORITY OF SIGNATORY: If BUYER or SELLER is a corporation, partnership, trust, estate or other entity, the person executing this Agreement on its behalf warrants his or her authority to do so and to bind BUYER and SELLER. 55. ACCEPTANCE: This offer is made subject to the acceptance, counter or rejection of SELLER and BUYER on or before (Date) at (Local Time in which PROPERTY is located) A.M. P.M. JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 8 of 9

9 JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 9 of BUYER S SIGNATURES: SEE ATTACHED BUYER'S ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) SEE ATTACHED BUYER'S EXHIBIT(S): (Specify number of BUYER exhibit(s) attached.) BUYER does currently hold an active Idaho real estate license. BUYER is related to agent. BUYER Signature BUYER (Print Name) Date Time A.M. P.M. Phone # Cell # Address City State Zip Fax # BUYER does currently hold an active Idaho real estate license. BUYER is related to agent. BUYER Signature BUYER (Print Name) Date Time A.M. P.M. Phone # Cell # Address City State Zip Fax # 57. SELLER S SIGNATURES: On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the part of the SELLER. SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER SIGNATURE(S) SUBJECT TO ATTACHED ADDENDUM(S) # SIGNATURE(S) SUBJECT TO ATTACHED EXHIBIT(S) # SELLER does currently hold an active Idaho real estate license. SELLER is related to agent. SELLER Signature SELLER (Print Name) Date Time A.M. P.M. Phone # Cell # Address City State Zip Fax # CONTRACTOR REGISTRATION # SELLER does currently hold an active Idaho real estate license. SELLER is related to agent. SELLER Signature SELLER (Print Name) Date Time A.M. P.M. Phone # Cell # Address City State Zip Fax # CONTRACTOR REGISTRATION # LATE ACCEPTANCE If acceptance of this offer is received after the time specified, it shall not be binding on the BUYER unless BUYER approves of said acceptance within calendar days (three [3] if left blank) by BUYER initialing HERE ( )( ) Date If BUYER timely approves of SELLER s late acceptance, an initialed copy of this page shall be immediately delivered to SELLER. JULY 2017 EDITION RE-22 PRE-SOLD NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT Page 9 of 9