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Real Estate Investment and Rehab Through Probate

Negotiating Probate Transactions

  Possible savings:

-6-7% RE commission

-Up to 6 mo. Holding costs:

     Mortgage payments

     Taxes

     Insurance

     Utilities

     Maintenance (lawn, snow)

     Attorney fees

     Admin. Fees

-Fix up costs (roof, a/c,

     Appliances, etc.)

-Emptying house

 

A listing is NOT a SALE.

 

I'm buying AS IS.   

Realtors will ask for concessions for repairs.

Buyer may ask for seller concessions for closing

(Closing costs, etc.) :

3-6% sales price.

 

OPTION:  Let me present you with a cash offer before you list.  Your total savings…10-18% of price.

  

"Granny" Letter

 

-      Hand Written            - Yellow paper

-      Red ink                - Cheap envelope

-      Silly return label

 

 

I am interested in purchasing the house at ______________________________

for which you are responsible.  Please contact me at 333/333-3333 or email abc@def.com.

 

Sincerely,

Marilyn Singer

 

PS:  We can close quickly, if needed.

 

 

PICK YOUR NEW NEIGHBORS!

  EARN $500 CASH*   

*Bring a friend to see this totally redone home.

When they move in you receive a $500 referral Thank You.

220 W. Klein

New Siding                                           v

2 All New Bathrooms                                  v

Whirlpool Bath                                     v

All New Kitchen – Tuscan Style          v

All New Appliances                             v

New Deck off Kitchen                          v

New Lighting Fixtures                          v

Designer Wallpapers                             v

                       New Ceramic Tile Floors and Walls

      (In Kitchen & All 3 Bathrooms)            v

Landscaping                                          v

This 3BR/2.5BA home is all new inside and out.  A large yard and enormous family room add to the living space.

 Everything is new:  Move in condition.

 

Sneak Preview: Sat. Sept 23 for you and your neighbors 10-11 am

Premier Showing: Sat-Sun Sept. 23-24 11am-4pm

Take a peak:  220wklein.com

(Or call 570-6361 or 570-8926 for appt.)

 

BONUS: $1000.00 American Express Gift Certificate at closing for qualified offer received and accepted during this Premier weekend only

 

CONTRACT FOR PURCHASE AND SALE

 

This PURCHASE AGREEMENT, dated January 1, 2007, between Marilyn Singer and/or assigns ("Buyer"), and Mark and Sally Smith ("Seller"), hereby agree that Buyer shall buy and Seller shall sell the following described Real Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this Contract for Purchase and Sale and any riders and addenda ("Contract"):

 

I.  PROPERTY DESCRIPTION

 

a) Legal description of real estate ("Property") located in Erie County, State of  New York  -             To be supplied at closing                                                                                                                                                                                                                                                                                                                                                                                                                   

 

b) Street address (including city and zip) of the Property: 51 Campus East,  Snyder, New York  14226

 

c) Personal property (i.e. dishwasher, disposal, stove, refrigerator, light fixtures, screen doors, garage door openers, TV antenna (e), ceiling fans, window treatments, etc., including all buildings and improvements on the Property, and all right, title and interest of Seller in and to adjacent streets, roads, alleys, and rights-of-way, and                                N/A                                                                                                                                                                                                                                                                                                                                                                                                                                        

 

 

II.  PURCHASE PRICE

The parties agree to the following sales price:

 

 

AMOUNT

AMOUNT

Purchase Price

$95,000

-

Earnest Money

 

$500

All Cash

 

-

New Third Party Loan

 

-

Assumption of Loan "Subject To"

 

-

Purchase Money Mortgage

 

-

Contract for Deed

 

-

Lease Option

 

$94,500

Other

 

-

TOTALS

$95,000

$95,000

Both columns should be an equal amount.  See Section III for complete details.

 

 

III.  FINANCING

 

Earnest Money: Upon expiration of all contingencies, if any, all funds held in escrow shall be placed in an interest-bearing account at the direction of Buyer, with interest accruing to the benefit of the Buyer and either applied toward the purchase price at closing or returned to Buyer in the event, and for any reason, the transaction does not close.

 

Earnest money deposit shall be deposited (at closing), or (at contract acceptance), or (

at

the end of inspection period).

 

All Cash: Part or all of the purchase may come from buyer's funds, partner's funds, or assignee's funds.

 

New Third-Party Loan: If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Purchase and Sale is conditioned upon the Buyer being able to obtain a firm commitment for said loan within     N/A     days from the date hereof, at an interest rate not to exceed     N/A     %, for    N/A     years, and in the principal amount of $             N/A               .  Buyer agrees to make application for, and to use reasonable diligence to obtain said loan.  Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, Buyer may cancel Contract.

 

* Assumption of Mortgage "Subject To" in favor of         N/A                        bearing interest at     N/A     % per annum in the principal amount of $         N/A                                               with monthly principal and interest payments of $     N/A       per month.  The original mortgage does/does not have a balloon payment due and payable on                  N/A                 .        

CHECK ONE:    -  1st       -   2nd       -  3rd  (mortgage)

 

**Purchase Money Mortgage payable to the seller as follows: Principal amount of $       N/A                                bearing interest at     N/A     % amortized over a period of    N/A    years with monthly principal and interest payments of $     N/A      .  First payment shall be due and payable on      N/A                 , and subsequent payments shall be due and payable on    N/A    day of each succeeding month.  Payments shall be credited first to interest and remainder to principal.  The entire balance of this contract shall be due and payable in full no later than           N/A        - the final payment is/is not a balloon payment. 

CHECK ONE:    -  1st       -   2nd       -  3rd  (mortgage)

 

**Contract for Deed payable as follows: Principal amount of $         N/A                   bearing interest at    N/A    % amortized over a period of    N/A    years with monthly principal and interest payments of $       N/A      .  First payment shall be due and payable on              N/A                                 , and subsequent payments shall be due and payable on     N/A    day of each succeeding month.  Payments shall be credited first to interest and remainder to principal.  The entire balance of this contract shall be due and payable in full no later than          N/A                 - the final payment is/is not a balloon payment. 

 

Lease Option payable in     60      monthly rental installments of $     750.00                             per month with a

$      100.00             credit per month going towards buyer's down payment.  The option price of $      95,000                 can be paid on or before the Closing Date.

 

Other                 N/A                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

 

* Seller shall furnish to Buyer within twenty (20) days from execution hereof a statement from all mortgagee(s) setting forth principal balance, method of payment, interest rate and whether the mortgage(s) is in good standing.  If a mortgage requires approval of the Buyer by the Mortgagee in order to avoid default, or for assumption by the Buyer of said mortgage, and: 

 

a) the Mortgagee does not approve the Buyer, the Buyer may rescind the contract, or 

b) the Mortgagee requires an increase in the interest rate or charges a fee for any reason in excess of $500.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess.  Seller and Buyer each shall pay 50% of any such fee.  Buyer shall use reasonable diligence to obtain approval.  The amount of any escrow deposits held by Mortgagee shall be credited to Seller.

 

** The Purchase Money Note and Mortgage and Contract for Deed, if any, shall provide for a thirty (30) day grace period in the event of default (if it is a first mortgage) (and a fifteen (15) day grace period in the event of default if a second mortgage); shall provide for right of prepayment in whole or in part without penalty; shall be fully assumable without qualifying and shall not provide for acceleration or interest adjustment in event of resale of the Property.  Said mortgage shall require the owner of the encumbered Property to keep all prior liens and encumbrances in good standing.  In the case of a Contract for Deed, seller shall not refinance property without consent of Buyer.

 

IV.  TITLE EVIDENCE

Within twenty (20) days from the date of Contract, Seller shall, at ___ Seller's expense or         Buyer's expense, deliver to Buyer or his attorney, in accordance with Paragraph ______, a title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.

 

 

 

V.  TIME FOR ACCEPTANCE AND EFFECTIVE DATE

If this Agreement is not executed by both of the parties hereto on or before         5pm on Thursday, January 2, 2003      , the aforesaid deposit(s) shall be, at the option of the Buyer, returned to him and this offer shall thereafter be null and void.  The date of Contract shall be the date when the last one of the Seller and Buyer has signed this Agreement ("Effective Date").

 

VI.  CLOSING DATE

This transaction shall be closed and the deed and other closing papers presented on or before     February 28, 2008        , unless extended by other provisions of Contract, or by written agreement of the Parties.  Closing costs shall be paid by ___ Seller     ___ Buyer       X   Shared

 

Closing shall be extended as necessary if closing

does not occur due to no fault of the buyer.

 

VII. RESTRICTIONS, EASEMENTS, LIMITATIONS:

The Buyer shall take title subject only to:

Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utility easements of record; Taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any; other: __________________________ provided, however, that none of the foregoing shall prevent use of said Property for the purpose of __________________________.

 

VIII. OCCUPANCY:

Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein.  Seller represents that no parties are in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Paragraph _______. 

 

IX. ASSIGNABILITY:

This Agreement may be assigned by Buyer without the consent of the Seller. 

 

X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS:

Typewritten or handwritten provisions inserted herein or attached hereto as an Addendum or Rider shall control all printed provisions in conflict therewith.

 

XI. EVIDENCE OF TITLE:

Within twenty (20) days from the date hereof, Seller, at Seller's sole cost and expense, shall cause a title insurance company ("Title Company") mutually acceptable to the Parties to issue and deliver to Buyer an ALTA Form B title commitment ("Title Commitment") accompanied by one copy of all documents affecting the Property, and which constitute exceptions to the Title Commitment.  Buyer shall give Seller written notice on or before twenty (20) days from the date of receipt of the Title Commitment, if the condition of title as set forth in such Title Commitment and survey is not satisfactory in Buyer's sole discretion.  In the event that the condition of title is not acceptable, Buyer shall state which exceptions to the Title Commitment are unacceptable.  Seller shall, at its sole cost and expense promptly undertake and use its best efforts to eliminate or modify all unacceptable matters to the reasonable satisfaction of Buyer.  In the event Seller is unable with the exercise of due diligence to satisfy said objections within thirty (30) days after said notice, Buyer may, at its option: (i) extend the time period for Seller to satisfy said objections, (ii) accept title subject to the objections raised by Buyer, with no adjustment in the purchase price, in which event said objections shall be deemed to be waived for all purposes, or (iii) rescind this Agreement, whereupon the deposit described herein shall be returned to Buyer and this Agreement shall be of no further force and effect.

 

XII. CURRENT SURVEY:

Within fifteen (15) days from the date hereof, Seller, at Seller's sole cost and expense, shall furnish a current survey of the Property prepared and certified by a duly registered Land Surveyor. The survey as to the Property shall: 

 

a) Present an accurate legal description; and 

b) Locate all existing easements and rights-of-way (setting forth the book and page number of the recorded instruments creating the same), alleys, streets, and:

c) Show any encroachments; and 

d) Show all existing improvements (buildings, power lines, fences, etc.); and 

e) Show all dedicated public streets provide access and whether such access is paved to the property line; and

f) Show the location of any easements necessary for the furnishing of off-site improvements; and 

g) Be certified to the Seller, the Buyer, the Title Company and any lender that may be involved in the transaction.

 

In the event the survey or the recertification thereof shows any encroachments of any improvements upon, from, or onto the Property, or on or between any building set-back line, a property line, or any easement, except those acceptable to Buyer, in Buyer's sole discretion, said encroachment shall be treated the same as a title defect under the procedure set forth of notice thereof with Seller to pay cost of correction.

 

XIII. TERMITES:

The Buyer, within time allowed for delivery of evidence of title and examination thereof, or no later than ten (10) days prior to closing, whichever date occurs last, may have the Property inspected at Buyer's expense by a certified pest control operator to determine whether there is any visible active termite infestation or visible existing damage from termite infestation in the Property.  If Buyer is informed of either or both of the foregoing, Buyer will have ten (10) days from date of notice thereof within which to have all damages, whether visible or not, inspected and estimated by a licensed building or general contractor.  Seller shall pay valid costs for treatment and repair of all damage.  Should seller choose not to pay for such costs, Buyer shall have the option of cancelling Contract within five (5) days after receipt of contractor's repair estimate by giving written notice to Seller.  If Seller chooses to pay for repairs and damages, Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing.  "Termites" shall be deemed to include all wood destroying organisms.

 

XIV. INGRESS AND EGRESS:

Seller warrants that there is ingress and egress to the Property sufficient for the intended use as described in Paragraph ______ hereof the title to which is in accordance with Paragraph ______ above.

 

XV. LEASES:

Seller shall, not less than fifteen (15) days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant (if any) specifying the nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant.  In the event Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within said time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information.  Seller shall deliver and assign all original leases to Buyer at closing. 

 

XVI. LIENS:

Seller shall, both as to the Property and personal property being sold hereunder, furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements to the Property for ninety (90) days immediately preceding date of closing.  If the Property has been improved within said time, Seller shall deliver releases or waivers of all mechanic's liens, executed by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further reciting that, in fact, all bills for work to the Property which could serve as a basis for a mechanic's lien have been paid or will be paid at closing.

 

XVII. PLACE OF CLOSING:

Closing shall be determined by the Seller or held in the county wherein the Property is located, at the office of the attorney or other closing agent designated by Seller; provided, however, that if a portion of the purchase price is to be derived from an institutional mortgagee, the requirements of said mortgagee as to time of day, place and procedures for closing, and for disbursement of mortgage process, shall control, anything in this contract to the contrary notwithstanding.

 

XVIII. TIME:

Time is of the essence.  Time periods specified in this Agreement and any subsequent Addenda to the Purchase Agreement are calendar days and shall expire at midnight of the date stated unless the parties agree in writing to a different date and/or time.  Any reference herein to time periods of less than six (6) days shall in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 

 

XIX. EXPENSES:

State documentary stamps which are required to be affixed to the instrument of conveyance, intangible tax on and recording of purchase money mortgage to Seller, and cost of recording any corrective instruments shall be paid by Seller.  Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage, cost of recording the deed and financing statements shall be paid by Buyer.

 

XX. PRORATION OF TAXES AND INSURANCE:

Taxes for the year of the closing shall be prorated to the date of closing.  If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate of the preceding year applied to the latest assessed valuation.  Subsequent to the closing, when the tax rate is fixed for the year in which the closing occurs, Seller and Buyer agree to adjust the proration of taxes and, if necessary, to refund or pay, as the case may be, an amount necessary to effect such adjustments.  This provision shall survive closing.

 

Taxes, assessments, rent, interest, insurance and other expenses and revenue of the Property shall be prorated as of date of closing.  Buyer shall have the option of taking over any existing policies of insurance on the Property, if assumable, in which event premiums shall be prorated.  The cash at closing shall be increased or decreased as may be required by said prorations.  All references in Contract to prorations as of date of closing will be deemed "date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein. 

 

XXI. INSPECTIONS:

This offer is subject to a complete and satisfactory home inspection which shall be selected and paid for by the buyer.  Seller warrants that all major appliances, heating, cooling, electrical, central cooling, ventilating systems, plumbing systems, fixtures and machinery are in working condition and will be so at the time of closing.  Seller agrees to provide access to the buyer for purposes of inspection upon reasonable notice and within 24-hours prior to closing.

 

Contract subject to personal and/or professional inspection satisfactory to the buyer.  (Both inspections must occur within 30 days of contract being signed.)

 

XXII. RISK OF LOSS:

If the property is damaged by fire or other casualty prior to closing, and the costs of restoring same does not exceed _______% of the assessed valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with costs therefor escrowed at closing.  In the event the cost of repair or restoration exceeds ________% of the assessed valuation of the improvements so damaged,  Buyer shall have the option of either taking the Property as is, together with either the said _________% or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the Contract and receiving return of deposit(s) made hereunder.

 

XXIII. MAINTENANCE:

Notwithstanding the provisions of Paragraph XXIV, between Effective Date and Closing Date, all personal property on the premises and real property, including lawn, shrubbery and pool, if any, shall be maintained by Seller in the condition they existed as of Effective Date, ordinary wear and tear excepted, and Buyer or Buyer's designee will be permitted access for inspection prior to closing in order to confirm compliance with this standard.

 

XXIV. PROCEEDS OF SALE AND CLOSING PROCEDURE:

The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense, to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, and the cash proceeds of sale shall be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) days from and after closing date.  If Seller's title is rendered unmarketable, Buyer shall within said five (5) day period, notify Seller in writing of the defect and Seller shall have thirty (30) days from date of receipt of such notification to cure said defect.  In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefor and within five (5) days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer shall vacate the Property and reconvey same to the Seller by special warranty deed.  In the event Buyer fails to make timely demand for refund, he shall take title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in deed.

 

 

 

 

XXV. ESCROW:

Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of Contract.  Failure of clearance of funds shall not excuse performance by the Buyer. 

 

XXVI. ATTORNEY FEES AND COSTS:

In connection with any litigation or equitable proceeding, including appellate proceedings, arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party.

 

XXVII. CONVEYANCE:

Seller shall convey title to the Property by statutory warranty deed subject only to matters contained in Paragraph ____ hereof and those otherwise accepted by Buyer.  Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided for herein. 

 

XXVIII. PENDING LITIGATION:

Seller warrants and represents that there are no legal actions, suits or other legal or administrative proceedings, including cases, pending or threatened or similar proceedings affecting the Property or any portion thereof, nor has Seller knowledge that any such action is presently contemplated which might or does affect the conveyance contemplated hereunder.

 

XXIX. SURVIVAL OF REPRESENTATIONS AND WARRANTIES:

The representations and warranties set forth in this Contract shall be continuing and shall be true and correct on and as of the closing date with the same force and effect as if made at that time, and all of such representations and warranties shall survive the closing and shall not be affected by any investigation, verification or approval by any party hereto or by anyone on behalf of any party hereto. 

 

XXX. OTHER AGREEMENTS:

No prior or present agreements or representations shall be binding upon any of the Parties hereto unless incorporated in this Contract.  No modification or change in this Contract shall be valid or binding upon the Parties unless in writing, executed by the Parties to be bound thereby.

 

XXXI. RIDERS; ADDENDA; SPECIAL CLAUSES:

CHECK those riders which are applicable AND are attached to this Contract:

       Condominium            VA/FHA            Homeowner's Assn.            Lead-Based Paint            "As-Is"

       Coastal Construction Control Line            Insulation            Other

       Comprehensive Rider Provisions            Addenda

 

XXXII. SPECIAL CLAUSES:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

 

THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVISE OF AN ATTORNEY PRIOR TO SIGNING.

All terms and conditions in this contract should be negotiated based upon the respective interests, objectives and bargaining positions of all interested parties.

 

Witnesses



 

Executed by Buyer on:                                                     

 

                                                                                                                                                                                               

Buyer                                                                                                     Buyer

 

 

 

Executed by Seller on:                                                       

 

                                                                                                                                                                                               

Seller                                                                                                      Seller

 

 

 

Deposit(s) under II (a) received; if check, subject to clearance, and terms hereof are accepted.

 

By:                                                                        

       (Escrow Agent) 

 _____________________________

    Preforeclosure Letter

Dear ________,

My name is __________ and I am a Real Estate Consultant and Investor who specializes in showing people how to stop foreclosures and save their home. I understand that this is a frustrating and scary time in your life. By now you are no doubt receiving many offers from investors, mortgage brokers and realtors. During this time it is difficult to know who to trust.

I offer you a no obligation over the phone consultation to show you how it is possible to save your home. I have been able to help dozens of people in your situation. It is very possible to save your home. However, time is critical and we must get started now. So please call me now so you can begin to get peace of mind and a fresh start.

This is a free, no cost, no obligation consultation so you have nothing to lose. I wish you well and I hope I can help!

Sincerely

 

Marketing To Do List:

 

1.                       Name your business

2.                       Get Domain Name

3.                       Get business cards

4.                       Build Your Web Presence

5.                       Review materials

6.                       Set goals / plans

7.                       Choose your niche / exit strategy

8.                       Develop marketing plan

9.                       Develop management system

10.              Invest in your business