Listing Broker (Co.)	(	) By	(	)

office code

individual code

Selling Broker (Co.)	(	) By	(	)
office code	individual code

PURCHASE AGREEMENT
(REAL PROPERTY)

1   Date:   	
2
3	1.	BUYER:	("Buyer") agrees
4	to  buy  the  following  property  from  the  owner  ("Seller")  for  the  consideration  and  subject  to  the  following  terms,  provisions,  and
5	conditions:
6
7	2.	PROPERTY: The property ("Property") is known as   	
8	in	Township,	County,	,
9	Indiana,	(zip code) legally described as:  	
10	 	
11	together with any existing permanent improvements and fixtures attached (unless leased), such as, but not limited to, electrical and/or gas
12	fixtures, home heating fuel, heating and central air-conditioning equipment and all attachments thereto, built-in kitchen equipment, sump
13	pump, water softener, water purifier, gas grills, fireplace inserts, gas logs and grates, central vacuum equipment, window shades/blinds,
14	curtain rods, drapery poles and fixtures, ceiling fans and light fixtures, towel racks and bars, storm doors, windows, awnings, TV antennas,
15	satellite dishes and controls, storage barns, all landscaping, mailbox, garage door opener with control(s) AND THE FOLLOWING:  	
16	 	
17	 	
18	 	
19	 	
20	 	
21	 	
22	The terms of this Agreement will determine what items are included/excluded. All items sold shall be fully paid for by Seller at
23	time of closing the transaction. Buyer should verify total square footage, land, room dimensions or community amenities if
24	material.
25
26	3.	PRICE: Buyer will pay the total purchase price of $	for the Property. If Buyer obtains an appraisal of the
27	Property, this Agreement is contingent upon the Property appraising at no less than the agreed upon purchase price.
28
29	4.	EARNEST MONEY: Buyer submits $	as earnest money which shall be applied to the purchase
30	price. The listing broker shall deposit earnest money received into its escrow account within two (2) banking days of acceptance of
31	this Agreement and hold it until time of  closing the transaction or termination of  this Agreement.  If Buyer fails for any reason to
32	submit  earnest  money,  Seller  may  terminate  this  Agreement.  Earnest  money  shall  be  returned  promptly  in  the  event  this  offer
33	is  not  accepted.  If  this  offer  is  accepted  and  Buyer  fails  or  refuses  to  close  the  transaction,  without  legal  cause,  the  earnest
34	money shall be retained by Seller for damages the Seller has or will incur, and Seller retains all rights to seek other legal and equitable
35	remedies.  The  Broker  holding  any  earnest  money  is  absolved  from  any  responsibility  to  make  payment  to  the  Seller  or  Buyer
36	unless the  parties  enter into a  Mutual  Release or a  Court  issues  an Order for  payment,  except  as permitted in  876  IAC 1-1-23
37	(release of earnest money). Upon notification that Buyer or Seller intends not to perform, Broker holding the earnest money may release
38	the earnest money as provided in this Agreement. If no provision is made in this Agreement, Broker may send to Buyer and Seller notice
39	of the disbursement by certified mail. If neither Buyer nor Seller enters into a mutual release or initiates litigation within sixty (60) days of
40	the  mailing  date  of  the  certified  letter,  Broker  may  release  the  earnest  money  to  the  party  identified  in  the  certified  letter.
41	Buyer  and  Seller  agree  to  hold  the  Broker  harmless  from  any  liability,  including  attorney's  fees  and  costs,  for  good  faith
42	disbursement of earnest money in accordance with this Agreement and licensing regulations.
43
44   5.	METHOD OF PAYMENT: (Check appropriate paragraph letter)
45
46	A. CASH: The entire purchase price shall be paid in cash and no financing is required.
47	B. NEW   MORTGAGE:    Completion   of   this    transaction   shall   be   contingent    upon   the    Buyer's    ability    to   obtain   a 48
49	Conventional	Insured Conventional	FHA	VA	Other:	first
50	mortgage loan for	% of purchase price, payable in not less than	years, with an original rate of
51	interest not to exceed	% per annum and not to exceed	points. Buyer shall pay all costs of
52	obtaining financing, except   	
53	 	
54	 	
55	 	.
56	CLOSING FEE, SURVEY AND TITLE INSURANCE COSTS ARE NOT INCLUDED ABOVE. Any inspections and charges which are
57	required to be made and charged to Buyer or Seller by the lender, FHA, VA, mortgage insurer, or closing agent, shall be made and
58	charged in accordance with their prevailing rules or regulations and shall supersede any provisions of this Agreement.
49	
59	C. ASSUMPTION: (Attach Financing Addendum)
60	D. CONDITIONAL SALES CONTRACT: (Attach Financing Addendum)
61	E. OTHER METHOD OF PAYMENT: (Attach Financing Addendum)
62
63	6.	TIME FOR OBTAINING FINANCING: Buyer agrees to make written application for any financing necessary to complete this
64	transaction or for approval to assume the unpaid balance of the existing mortgage within	days after the acceptance
65	of  this  Agreement  and  to  make  a  diligent  effort  to  meet  the  lender's  requirements  and  to  obtain  financing  in  cooperation  with
66	the Broker and Seller. No more than	days  after  acceptance  of  the  Agreement  shall  be  allowed  for  obtaining
67	favorable  written  commitment(s)  or  mortgage  assumption  approval.  If  a  commitment  or  approval  is  not  obtained  within  the  time
68	specified above, this Agreement shall terminate unless an extension of time for this purpose is mutually agreed to in writing.
69
70	7.	CLOSING: The closing of the sale (the "Closing Date") shall be on or before	, or
71	within	days after	, whichever is later or this Agreement shall terminate unless an
70	
72	extension of time is mutually agreed to in writing. The closing fee shall be paid by
73
74   8.	POSSESSION:
75

BUYER	SELLER	shared equally.

76	A. The possession of the Property shall be delivered to Buyer	at closing

within	days after closing or

on or before

77	 	if closed. For each day Seller is entitled to possession after closing, Seller shall pay to Buyer
78	at closing $	per day. If Seller does not deliver possession by the date required in the first sentence
79	of this paragraph, Seller shall pay Buyer $	per day as liquidated damages until possession
80	is delivered to Buyer; and Buyer shall have all other legal and equitable remedies available against the Seller.
81	B. Maintenance of Property: Seller shall maintain the Property in its present condition until its possession is delivered to Buyer, subject
82	to repairs in response to any inspection. Buyer may inspect the Property prior to closing to determine whether Seller has complied
83	with this paragraph. Seller shall remove all debris and personal property not included in the sale.
84	C. Casualty Loss: Risk  of  loss  by  damage  or  destruction  to  the  Property  prior  to  the  closing  shall  be  borne  by  Seller.  In
85	the  event  any  damage  or  destruction  is  not  fully  repaired  prior  to  closing,  Buyer,  at  Buyer's  option,   may  either  (a)
86	terminate   this   Agreement   or   (b)   elect   to   close   the   transaction,   in   which   event   Seller's   right   to   all   insurance
87	proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer.
88	D. Utilities/Municipal Services: Seller shall pay for all municipal services and public utility charges through the day of possession. 89
90	9.	SURVEY: Buyer shall receive a (check ONE)	SURVEYOR LOCATION REPORT, which is a survey where corner markers are not set;
91	BOUNDARY SURVEY, which is a survey where corner markers of the Property are set prior to closing;	WAIVED, no survey required
92	at (Check ONE)	BUYER'S expense;	SELLER'S expense. The survey shall (1) be received prior to closing and certified as of a
93	current date, (2) be reasonably satisfactory to Buyer, (3) show the location of all improvements and easements, and (4) show the flood
94	zone designation of the Property.
95

96   10.  FLOOD AREA/OTHER:  Buyer	may	may not terminate this Agreement if the Property requires flood insurance or Buyer

may

97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125

may not terminate this Agreement if the Property is subject to building or use limitations by reason of the location.

11.	HOMEOWNER'S INSURANCE: Completion of this transaction shall be contingent upon the Buyer's ability to obtain a favorable written commitment for homeowner's insurance within	days after acceptance of this Agreement.

12.	ENVIRONMENTAL CONTAMINANTS ADVISORY/RELEASE: Buyer and Seller acknowledge that Listing Broker, Selling Broker and all salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to the evaluation or existence of possible lead-based paint, radon, mold and other biological contaminants ("Environmental Contaminants") which might exist and affect the Property. Environmental Contaminants at harmful levels may cause property damage and serious illness, including but not limited to, allergic and/or respiratory problems, particularly in persons with immune system problems, young children and/or the elderly.

Buyer is STRONGLY ADVISED to obtain inspections (see below) to fully determine the condition of the Property and its environmental status. The ONLY way to determine if Environmental Contaminants are present at the Property at harmful levels is through inspections.

Buyer and Seller agree to consult with appropriate experts and accept all risks for Environmental Contaminants and release and hold harmless all Brokers, their companies and sales associates from any and all liability, including attorney's fees and costs, arising out of or related to any inspection, inspection result, repair, disclosed  defect  or  deficiency  affecting  the Property, including Environmental Contaminants. This release shall survive the closing.

13.	INSPECTIONS: (Check paragraph letter A or B)
A.	BUYER RESERVES THE RIGHT TO HAVE THE PROPERTY INSPECTED (including Lead-Based Paint) independent of and in addition to any inspections required by FHA, VA, or Buyer's lender(s). All inspections are to be at Buyer's expense (unless
noted otherwise or required by lender) by licensed inspectors or qualified contractors selected by Buyer within the following time periods. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's inspections.

INSPECTION/RESPONSE PERIOD: Buyer shall order all INDEPENDENT INSPECTIONS immediately after acceptance of the Purchase Agreement. Buyer shall have	days beginning the day following the date of acceptance of the Purchase Agreement to respond to the inspection report(s) in writing to Seller (see "Buyer's Inspection Response").

126
127
128
129

Inspections may include but are not limited to the condition of  the following systems and  components: heating,  cooling, electrical, plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, well/septic, water, wood-eating insects and organisms, lead-based paint (note: intact lead-based paint that is in good condition is not necessarily a hazard), radon (tested at lowest livable area either currently finished or unfinished), mold and other biological contaminants and/or the following:

130	 	
131	 	
132	 	
130	
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147

If the initial inspection report reveals the presence of lead-based paint, radon or mold and other biological contaminants, then Buyer shall have	additional days to order, receive and respond in writing to any additional reports.

If the Buyer does not comply with any Inspection/Response Period or make a written objection to any problem revealed in a report within the applicable Inspection/Response Period,  the  Property  shall  be  deemed  to  be  acceptable.  If  the  Buyer  reasonably  believes  that the Inspection Report reveals a MAJOR DEFECT with the Property and the Seller is unable or unwilling to remedy the defect to the Buyer's reasonable satisfaction before closing (or at a time otherwise agreed to by the parties), then  this  Agreement  may  be terminated by the Buyer or such defect shall be waived  by  the  Buyer  and  the  transaction  shall  proceed  toward  closing.  Under Indiana law, "Defect" means a condition that would have a significant adverse effect on the value of the Property that would significantly impair the health or safety of future occupants of the  Property,  or  that  if  not  repaired,  removed,  or  replaced  would  significantly shorten or adversely affect the expected normal life of the premises. BUYER AGREES THAT ANY PROPERTY DEFECT PREVIOUSLY DISCLOSED BY SELLER, OR ROUTINE MAINTENANCE AND MINOR REPAIR ITEMS MENTIONED IN ANY REPORT SHALL NOT BE A BASIS FOR TERMINATION OF THIS AGREEMENT. ALL TIME PERIODS APPLICABLE TO INSPECTION RESPONSES SHALL BE REASONABLE.

148
B.	
BUYER HAS BEEN MADE AWARE THAT INDEPENDENT INSPECTIONS DISCLOSING THE CONDITION OF THE PROP

.

Y

ERT

149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167

ARE AVAILABLE AND HAS BEEN AFFORDED THE OPPORTUNITY TO REQUIRE SUCH INSPECTIONS AS A CONDITION OF THE
AGREEMENT. However, Buyer waives inspections and relies upon  the condition  of the Property based upon Buyer's own examination and releases the Seller, the Listing and Selling Brokers and all salespersons associated with Brokers from any and
all  liability  relating  to  any  defect  or  deficiency  affecting  the  Property,  which  release  shall  survive  the  closing.  Required FHA/VA or lender inspections are not included in this waiver.

Buyer  acknowledges  the availability  of  a  LIMITED  HOME  WARRANTY  PROGRAM  with  a deductible  paid  by Buyer which	will will not be provided at a cost of $	charged to	Buyer	Seller. Buyer and Seller acknowledge this LIMITED HOME WARRANTY PROGRAM will not cover any pre-existing defects in the Property nor
replace the need for an independent home inspection. Broker may receive a fee from the home warranty provider and/or a member benefit.

14.	SELLER'S RESIDENTIAL REAL ESTATE SALES DISCLOSURE: (check one)

Buyer acknowledges receipt and execution of a Seller's Residential Real Estate Sales Disclosure Form. Buyer has not received an executed Seller's Residential Real Estate Disclosure Form.
Seller's Residential Real Estate Sales Disclosure Form is not applicable to this transaction.

15.	TITLE APPROVAL: Prior to closing, Buyer shall be furnished	an ALTA 98 Title Insurance Commitment (if available) or	an ALTA 92 Title Insurance Commitment in the amount of purchase price or	an abstract of title continued to date showing marketable title
11.	
168

to the Property in Seller's name. The cost shall be paid by

Buyer	Seller	shared equally	Seller to pay owner's policy and

169
170
171

Buyer to pay mortgage policy	other	. Any encumbrances or defects in title must be removed and Seller must convey title free and clear of any encumbrances and title defects, with the exception of any mortgage assumed by Buyer and any restrictions and easements of record which will not materially interfere

172

with  Buyer's  intended  use  of  the  Property.  Seller  shall  order  the  commitment

immediately	after   mortgage   approval

173
174
175
176
177
178
179
180

other	. Seller agrees to pay the cost of obtaining all other documents necessary to perfect title (including the cost of the deed and vendors affidavit), so that marketable title can be conveyed. A title company, at Buyer's request, can provide information about availability, desirability, coverage, and cost of various title insurance coverages, gap and other endorsements.

16.	TAXES: (Check paragraph A, B or C)

A.	Buyer will assume and pay all taxes on the Property beginning with the taxes due and payable on	,
A.	
181		, and all taxes due thereafter. At or before closing, Seller shall pay all taxes for the Property payable before that date. 182

183
184
185
186
187
188
189
B.	
All taxes assessed for any prior calendar year and remaining unpaid shall be paid by Seller, and all taxes assessed for the current calendar year shall be prorated between Seller and Buyer on a calendar-year basis as of the day immediately prior to the Closing Date.

For purposes of paragraph A and B: If the tax rate and/or assessment for taxes assessed in the current year have not been determined at the closing of the transaction, the rate and/or assessment shall be assumed to be the same as the prior year for the purpose of such proration and credit for due but unpaid taxes, and this shall be a final settlement. WARNING: Buyer is responsible for confirming the

190	status of all tax exemptions and/or credits.

191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
C.	
FOR RECENT CONSTRUCTION ONLY. If the tax rate and/or assessment for taxes is not available, Seller will give a tax credit of
$	to Buyer at closing. If the tax rate and/or assessment for taxes is available prior to the Closing Date,
then paragraph B shall apply.

WARNING: The succeeding year tax bill for recently constructed homes or following reassessment periods may greatly exceed the last tax bill available to the closing agent.

17.	PRORATIONS AND SPECIAL ASSESSMENTS: Insurance, if assigned to Buyer, interest on any debt assumed or taken subject to, any rents, all other income and ordinary operating expenses of the Property, including but not limited to, public utility charges, shall be prorated as of the day prior to the Closing Date. Seller shall pay any special assessments applicable to the Property for municipal improvements previously made to benefit the Property. Seller warrants that Seller has no knowledge of any planned improvements which may result in assessments  and that no governmental or private agency has served notice requiring repairs, alterations or corrections of any existing conditions. Public or municipal improvements which are not completed as of the date above but which will result in a lien or charge shall be paid by Buyer. Buyer will assume and pay all special assessments for municipal improvements completed after the date of this Agreement.

18.	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.

19.	HOMEOWNERS ASSOCIATION/CONDOMINIUM ASSOCIATION: Documents  for  a  mandatory  membership  association  shall  be delivered by the Seller to Buyer within	days after acceptance of this Agreement. If the Buyer does not make a written response to the  documents within		days after receipt, the documents shall be deemed acceptable. In the event the Buyer does not accept the provisions in the documents and such provisions cannot be waived, this Agreement may be terminated by the Buyer and the earnest money deposit shall be refunded to Buyer promptly. Any approval of sale required by the Association shall be obtained by the Seller, in writing,  within	days after Buyer's approval of the documents.

Buyer acknowledges that in every neighborhood there are conditions which others may find  objectionable.  Buyer  shall therefore be responsible to become fully acquainted with neighborhood and other off-site conditions that could affect the Property.

20.	ATTORNEY'S FEES: Any party to this Agreement who is the prevailing party in any legal or equitable proceeding against any other party brought under or with relation to the Agreement or transaction shall be additionally entitled to recover court costs and reasonable attorney's fees from the non-prevailing party.

21.	MISCELLANEOUS:

A.	Unless otherwise provided, any prorations for rent, taxes, insurance, damage deposits, association dues/assessments, or any other items shall be computed through the date of closing.

B.	Underground mining has occurred in Indiana, and Buyers are advised of the availability of subsidence insurance.

C.	The Indiana Sheriff's Sex Offender Registry (www.indianasheriffs.org) exists to inform the public about the identity, location and appearance of sex offenders residing within Indiana. Broker is not responsible for providing or verifying this information.

D.	Conveyance of this Property shall be by general Warranty Deed, or by	, subject to taxes, easements, restrictive covenants and encumbrances of record, unless otherwise agreed.

E.	Seller represents and warrants that Seller is not a "foreign  person"  (individual  entity)  and,  therefore,  is  not  subject  to  the Foreign Investment in Real Property Tax Act.

F.	Any notice required or permitted to be delivered shall be deemed received when personally delivered, transmitted electronically or digitally or sent by express courier or United States mail, postage prepaid, certified and return receipt requested, addressed to Seller or Buyer or the designated agent of either party.

G.	This Agreement shall be construed under and in accordance with the laws of the State of Indiana and is binding upon the parties' respective heirs, executors, administrators, legal representatives, successors, and assigns.

H.	In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

I.	This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties' respecting the transaction and cannot be changed except by their written consent.

J.	All rights, duties and obligations of the parties shall survive the passing of title to, or an interest in, the Property.

K.	Broker(s) may refer Buyer or Seller to other professionals, service providers or product vendors, including lenders, loan brokers, title insurers, escrow companies, inspectors, pest control companies, contractors and home warranty companies. Broker(s) does not guarantee the performance of any service provider. Buyer and Seller are free to select providers other than those referred or recommended to them by Broker(s).
A.	

(Property Address)
Page 4 of 5   (Purchase Agreement)

259	L. By signing below, the parties to this transaction acknowledge receipt of a copy of this Agreement and give their permission to a

260
261

Multiple Listing Service, Internet or other advertising media, if any, to publish information regarding this transaction.

262	M. Any amounts payable by one party to the other, or by one party on behalf of the other party, shall not be owed until this transaction 263		is closed.
264
265	N. Buyer and Seller consent to receive communications from Broker(s) via telephone, U.S. mail, email and facsimile at the

266
267

numbers/addresses provided to Broker(s) unless Buyer and Seller notify Broker(s) in writing to the contrary.

268	0. Buyer discloses to Seller that Buyer holds Indiana Real Estate License #  	 269
270	P. Where the word ''Broker'' appears, it shall mean ''Licensee'' as provided in I.C.25-34.1-10-6.8. 271
272	22. FURTHER CONDITIONS (List and attach any addenda):  	
273	 	
274	 	
275	 	
276	 	
277	 	
278	 	
279	 	
280
281	23. EXPIRATION OF OFFER: Unless accepted by Seller and delivered to Buyer by	A.M.	P.M.	Noon, the  	
282	day of	, this Purchase Agreement shall be null and void and all parties shall be relieved of any and all
283	liability or obligations.
284
285 24. DOCUMENT PROTECTION: Buyer acknowledges and agrees to pay the fee at closing for electronic filing and online access

286
287

to transaction and closing documents.

288 25. CONSULT YOUR ADVISORS: Buyer and Seller acknowledge they have been advised that, prior to signing this document, they may seek

289
290
291
292

the advice of an attorney for the legal or tax consequences of this document and the transaction to which it relates. In any real estate transaction, it is recommended that you consult with a professional, such as a civil engineer, environmental engineer, or other person, with experience in evaluating the condition of the Property.

293 26. ACKNOWLEDGEMENTS: Buyer and Seller acknowledge that each has received agency office policy disclosures, has had agency

294
295
296
297
298
299
300
301
302

explained, and now confirms all agency relationships. Buyer and Seller further acknowledge that they understand and accept agency relationships involved in this transaction. By signature below, the parties  verify  that  they  understand  and  approve  this  Purchase Agreement and acknowledge receipt of a signed copy.

This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that this Agreement may be transmitted between them electronically or digitally. The parties intend that electronically or digitally transmitted signatures constitute original signatures and are binding on the parties. The original document shall be promptly delivered, if requested.

303	 	
303	
304	BUYER'S SIGNATURE
305

306  PRINTED
307
308 (Check appropriate paragraph letter)

DATE BUYER'S SIGNATURE

PRINTED

DATE

309
310

A.	As the Seller(s) of the property described herein, the above terms and conditions are accepted this	day  of
A.	
311
312
313

I	at	A.M..

B.	The above offer is Rejected.

P.M.

Noon.

314
315
316
317

C.	The above offer is Countered. Seller should sign both the Purchase Agreement and the Counter Offer.
A.	
318	SELLER'S SIGNATURE

DATE SELLER'S SIGNATURE

DATE

319	 	
318	
320	PRINTED

PRINTED

(Property Address)
Page 5 of 5 (Purchase Agreement)