RPG Investment Services, LLC
Direct: 877.774.8009 Ext. 1
Fax: 877.774.8009
Instructions for submitting an offer
To submit an offer, please submit the attached contract and
addendum. You must fax a copy of your certified deposit check with your offer
to be complete. Once we receive your
contract we’ll coordinate to have your deposit check delivered to Partner’s
Land Title Agency to be held in escrow until we close.
Properties that are $29,999 or less require a $500 deposit and
properties that are $30,000 or more require a $1,000 deposit.
If your offer is all cash you need to submit proof of funds or
supply us with an approval letter from your lender.
To view a property, please contact the appropriate person with RPG
Investment Services, LLC to make arrangements to obtain access.
Most of our properties are sold quickly. We do however take back
up contracts.
You may be able to use an existing appraisal RPG Investment
Services, LLC has obtained however depending on your lender or your preference,
you may need an additional appraisal.
We will be glad to refer any Contractors, appraisers, title
companies, property managers, etc. if we are aware of any in the area of the
property however you must interview them and make your own decision about using
or relying on their information or services. We highly recommend getting
detailed descriptions in writing with any vendor used.
Because we usually buy and sell our properties very quickly it is
extremely important for you to close on the anticipated closing date in your
contract to avoid penalties.
We take each and every offer very serious.
All offers are subject to prior sales and withdrawals.
Once you have filled out the contract and addendum please fax back
to 877.774.8009.
RPG Investment Services, LLC CONTRACT OF SALE
877.774.8009 office 877.774.8009 fax
This is a legally binding contract entered
into this day______________________ . RECEIPT IS HEREBY ACKNOWLEDGED OF THE SUM
OF: ________________________________Dollars ($________________ ) From _______________________________________________________________________________(Buyer)
as a deposit on account of the purchase price of the following described property
upon the terms and conditions as stated herein. DESCRIPTION OF PROPERTY: That
lot, piece, or parcel of land situated in ________________________County, State
of _______________________.
TERMS AND CONDITIONS OF
Buyer warrants that they are purchasing
the property for use as an investment and not as a personal residence.
Buyer cannot advertise or promote the
property prior to close.
Possession of said premises will be given
to purchaser at the time of closing.
This contract is not assignable.
Taxes, rent and rent securities shall be
prorated at the time of closing and paid by the seller.
This contract is subject to a 48-hour
inspection period upon acceptance of offer.
Seller agrees to deliver premises at time
of closing in as-is condition. In case the property is destroyed, wholly or
partially, by fire or other casualty prior to closing, Buyer or Seller shall
have option for ten (10) days thereafter of proceeding or terminating
agreement.
Said property is being sold and purchased
subject to zoning ordinances and regulations; building restrictions; and
conditions, restrictions and easements of Public Record.
It is agreed that time is of the essence
with respect to all dates specified in the Agreement and any addenda, riders, or
amendments thereto. This means that all deadlines are intended to be strict and
absolute. If the closing does not occur by the Closing Date, the Agreement is
automatically terminated and the Seller shall retain any earnest money deposit
as liquidated damages.
In the event Buyer requests an extension
of the Closing Date or of the deadline for the fulfillment of any contingency,
and the Seller agrees to the extension, the Buyer agrees to pay to the Seller a
per diem penalty of the greater of $50.00 or 1/10 of 1% of the purchase price
per calendar day towards Seller’s carrying costs, through and including the
Closing Date specified in the written extension agreement. The per diem amount must
be deposited with the Seller at the time any request for extension is made.
Seller agrees to deliver a good and
marketable or insurable owner’s title to the property above described free and
clear of all encumbrances except as herein set forth. Buyer shall pay for state
and county documentary stamps and preparation of deed. Purchaser agrees to
notify Seller in writing of any defects in title as soon as reasonably possible
and if title proves to be not good and marketable or insurable, the seller is
to make title good and marketable or insurable and shall in a reasonable time
from notification do so. The Buyer and Seller have until,____________, _____, 2008
to accept this Offer to Purchase and Contract of Sale and if not returned then
contract shall be null and void and of no force and effect.
This transaction shall be closed, the
balance of the moneys due shall be paid, and all documents signed by the
parties hereto on or before______________, _____, 2008. The deposit is to be
held by the Seller’s title company pending closing. It is expressly agreed that
upon the event of any default or failure on the part of the Purchaser to comply
with the terms and conditions of this contract that said deposit is to be paid
to Seller as liquidated damages.
The parties hereto further agree that this
written contract and the attached Addendum expresses the entire agreement
between the parties, and that there is no other agreement, oral or otherwise,
modifying the terms hereunder.
This contract shall be binding on both
parties, their principles, heirs, personal representatives, or assigns. It is
agreed that the listing broker in this transaction, if any, is ___________________________________
and the selling broker in this transaction, if any, is _________________________________________.
The undersigned jointly and severally
agree to purchase and sell the above-described property on the terms and
conditions stated in the foregoing instrument and attached addendum that must
be attached and included as part of this contract.
PURCHASER (S) DATE SELLER (S)
DATE
_____________________________________________________ _____________________________________________________
_____________________________________________________
_____________________________________________________
WITNESS ________________________________Date
________ WITNESS
________________________________Date ________
This
is a legally binding contract. If not understood, seek the advice of an
Attorney.
Page 1 of
1
RPG Investment Services, LLC
ADDENDUM TO
877.774.8009 office 877.774.8009 fax Page 1 of 2
_________________________________________________________________________________________________
Controlled Business
Disclosure, Hold Harmless and As Is – Where Is Addendum
Address ____________________________City ______________________State_________________
Buyer is purchasing the property in its “EXISTING
CONDITION”, WITHOUT REPRESENTATION OR WARRANTIES OF ANY
KIND OR NATURE. Buyer acknowledges for buyer and buyer’s
successors, heirs and assignees, that buyer has been given a reasonable
opportunity to inspect and investigate the
property and all improvements thereon, either independently or through agents
of buyer’s choosing at
buyer’s expense and that in purchasing the
property, Buyer is not relying on Seller or Seller’s Agent, as to the condition
of the property and/or
any improvements thereon, including but
not necessarily limited to, ALL EXISTING WINDOW COVERINGS, FLOOR COVERINGS,
ELECTRICAL, PLUMBING, HEATING, SEWAGE,
SEPTIC, ROOF, FOUNDATION, SOILS AND GEOLOGY,
SUITABILITY OF THE PROPERTY AND/OR ITS
IMPROVEMENTS FOR PARTICULAR PURPOSES, OR THAT THE
IMPROVEMENTS ARE STRUCTURALLY SOUND AND/OR
IN COMPLIANCE WITH ANY CITY, COUNTY, STATE AND/OR
FEDERAL CODES OR ORDINANCES. Buyer also acknowledges that the Seller
makes no promises, guarantees, representations or
warranties, either expressed or implied,
as to the present or future market value of the subject property,
encroachments, easements or
profitability nor the presence or absence
of any hazardous or toxic substances or contamination including but not limited
to: radon, lead,
electromagnetic radiation, mold, mildew,
microscopic organisms, lead paint, fuel oil, allergens or asbestos, whether
known or unknown and
whether or not such defects or conditions
were discoverable through inspection.
Buyer and Seller both waive the right to
Seller’s disclosure form, if applicable.
Seller does not warrant existing structure
as to its habitability or suitability for occupancy. BUYER (S) ASSUMES
RESPONSIBILITY TO
CHECK THE APPROPRIATE PLANNING AUTHORITY
FOR INTENDED USE AND HOLDS SELLER AND BROKER HARMLESS AS
TO THE SUITABILITY FOR BUYER (S) INTENDED
USE.
Buyer(s) further states that they are
relying solely upon their own inspections of subject property and not upon any
representation made to them
by any person whomsoever, and is
purchasing the subject property in the condition in which it now is, without
any obligation on the part of the
Seller to make any changes, alterations,
repairs or future obligations of any nature whatsoever.
Any report (s) that is required by the
Buyer’s Lender is to be the sole responsibility of the Buyer. Buyer shall
neither make nor cause to be
made: (i) invasive or destructive
investigations; or (ii) inspections by any governmental building or zoning
inspector or government employee,
unless required by Law. Buyer is not
allowed to perform, order or otherwise cause any repair (s) and/or work to be
done on the property prior
to closing.
When visiting or inspecting the property,
Buyer’s and Buyer’s Representative enter the premises at their own risk, and
Seller shall not be liable
for any injuries, or damage suffered or
incurred, to any Buyer’s or Buyer’s Representatives person or personal
property, as a result of such
entry.
The undersigned, Buyer, acting personally
and for their representatives, affiliates and or organization if any each
hereby agrees to defend,
indemnify, and hold harmless RPG
Investment Services, LLC, Revival Property Group, LLC, and any parent or
affiliate and all shareholders, employees, officers and directors from and
against any and all claims, demands, suits, actions, damages, judgments, cost,
charges and expenses including, without limitation, court cost and attorneys
fees, of any nature whatsoever that any such, buyer and or their affiliate,
representative or
organization may suffer, sustain or incur
resulting from, arising out of or in any way connected with any action taken
by, or inaction on the part
of, any buyer or their affiliate,
representative or organization in connection with this transaction.
Information given to the Buyer may not
have been verified by the Seller and is not guaranteed to be accurate. The
Buyer should not rely on
such information in deciding to purchase
property. It is the Buyer’s responsibility to conduct his own inspections to
verify any information,
including square footage, provided to him.
Should the Buyer rely on advice or representations made by Seller in deciding
to purchase said
property, Buyer is doing so at his own
risk.
It is the policy of the Seller to make no
promises, guarantees, representations or warranties, either expressed or
implied. If any expressed or
implied promises, guarantees,
representations or warranties were made, they should be disregarded.
If the property was built before 1978, the
Buyer acknowledges receipt of a lead based paint brochure and disclosure
available on the website,
www.RPGDAYTON.com and must sign and attach the lead based
paint disclosure as part of this contract and addendum.
Seller recommends that Purchaser obtain a
survey and plat of the property.
RPG Investment Services, LLC
ADDENDUM TO
P.O. Box 5943, Dayton, OH 45405 CONTRACT
OF SALE
877.774.8009 office 877.774.8009 fax Page 2 of 2
_________________________________________________________________________________________________
Proof of funds or pre-approval letter are
required at time of acceptance.
Any loan application fees, appraisal fees,
credit report fees, inspection fees, surveys or legal fees incurred or paid for
by the Purchaser are
incurred or paid at the risk of the
Purchaser and may not be refundable.
Seller acknowledges they are buying or
have recently bought this property in its “As Is” condition without
representation or warranties, and
without personal inspection, and are
relying on third parties to inspect and appraise the property, and investment
as a whole.
The contract is subject to the Seller
being able to acquire the property, if not closed yet.
Buyer expressly waives the remedy of
specific performance in the event seller is unable to convey title.
Buyer waives right to record a lis pendens
against the property or to record the agreement or memorandum thereof in the
real property records.
Buyer waives right to invoke any other
equitable remedy that may be available that, if invoked, would prevent the
Seller from conveying the
property to a third party buyer.
Seller reserves the right to continue to
offer Property for sale until this offer has been formally accepted in writing
and all contingencies
removed in writing.
Inspection examinations, certifications,
appraisals, research, closings, repair estimates, repairs or other services may
be performed by vendors
or contractors selected or recommended by
Seller as a convenience to the parties. Buyer agrees to hold harmless the
Sellers as to the
performance or non-performance and costs
of such vendors or contractors and is using such vendor or information obtained
by such vendors at
their own risk.
The undersigned agrees that they have the
full authority to execute this document personally and for any organization
they represent or will
represent. By signing you agree that you
have read, understand and have the full power and authority to enter into this
legal agreement. If you
do not understand this document please
seek legal counsel prior to signing. The undersigned acknowledges receipt of a
copy of this document.
In the event there is any conflict between
this addendum and the contract, the terms of this addendum take precedence and
shall prevail, except
as otherwise provided by applicable law.
The CLOSING OF THIS TRANSACTION shall
constitute as acknowledgment by the Buyer(s) that THE PREMISES WERE
ACCEPTED WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND OR NATURE AND IN ITS PRESENT “AS IS”
CONDITION BASED SOLELY ON BUYER’S OWN
INSPECTION.
_____________________________________________________________ _______________
Buyer Signature Date
_____________________________________________________________
Name
_____________________________________________________________ ________________
Buyer Signature Date
_____________________________________________________________
Name
Lead Based Paint Addendum
Location of Home:
Address ____________________________________________
City ____________________________________________
County ____________________________________________
State ____________________________________________
Seller warrants that the home was built (check and/or complete one):
_____ In the year of ________
_____ Before 1978.
_____ In or after 1978.
_____ Seller cannot warrant year home was built.
In the event this home was constructed before 1978 or should contract not clearly establish that home was built during or after 1978 all parties acknowledge and agree that:
1. Seller warrants that they neither have knowledge of, nor records or reports pertaining to lead-based paint and/or lead based paint hazards in the property.
2. Said contract on home constructed prior to 1978 is also contingent upon a risk assessment or inspection of the property for the presence of lead based paint and/or lead based paint hazards at the purchasers expense until 9pm on the tenth calendar day after contract acceptance (intact lead based paint that is in good condition is not necessarily a hazard. See EPA pamphlet “protect your family from lead in your home” for more information.) This contingency will terminate at the above pre-determined deadline unless the purchaser delivers to seller a written contract modification (addendum) listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The seller may within 10 days of delivery of the addendum, elect in writing whether to correct the condition prior to settlement. If seller will correct the condition, the seller shall furnish the purchaser with a certificate from a risk assessor or inspector demonstrating that the condition has been remedied before the date of settlement. If the seller does not elect to make repairs, or if the seller makes a counter offer, the purchaser shall have 10 days to respond to the counter offer or remove the contingency and take the property in “as is” condition, or this contract shall become void and all earnest monies shall be refunded. The purchaser may remove this contingency at any time without cause.
CERTIFICATION OF ACCURACY: The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
Seller: ____________________________________ Date: __________________
Buyer: ____________________________________ Date: __________________