The Alabama Land Sales Contract is a legal document used when buying or selling unimproved land in Alabama. It outlines the terms of the sale, including the purchase price, financing details, and closing date. If you're ready to move forward, fill out the form by clicking the button below.
The Alabama Land Sales Contract form is a crucial document designed to facilitate the sale of lots or other unimproved land in Alabama. This form outlines essential details, including the total purchase price, earnest money, and the responsibilities of both the buyer and the seller. It specifies whether the buyer will pay in cash or seek financing, and it includes contingencies related to obtaining necessary permits and utilities. The contract also sets a closing date for the transaction, ensuring that both parties are aware of when the sale will be finalized. In addition, it addresses important aspects such as title insurance, property condition, and the potential for mediation or arbitration in case of disputes. By clearly laying out these terms, the Alabama Land Sales Contract aims to protect the interests of both buyers and sellers while streamlining the process of land transactions in the state.
LOTS OR OTHER UNIMPROVED LAND SALES CONTRACT
Form Approved by Birmingham Association of REALTORS®, Inc.
March 29, 2006 (Previous forms are obsolete and no longer approved)
Date:
The undersigned Buyer(s)
hereby agrees to purchase and
(Please print exact
names in which title will be taken)
the undersigned Seller(s)
hereby agrees to sell the following
described lot(s) or other unimproved land and appurtenances thereto (the "Property") situated in the City
of
, County of
, Alabama, on the terms stated below:
Address
Zip Code:_____________
Legal Description : Lot
Block
Survey
Map Book
Page ________________
1.THE TOTAL PURCHASE PRICE OF THE PROPERTY SHALL BE $
Earnest Money under this Contract shall be
$
(A)FINANCING: (Check as applicable)
(1) Buyer will pay cash or obtain a loan for the Property with no financing contingency.
(2) This Contract is contingent on Buyer obtaining approval of a loan in the amount of $______________________ or _____________% of the Purchase Price (excluding any financed loan
costs) at the prevailing interest rate and loan costs. Buyer will apply for financing within ____ days (7
days if left blank), from the Finalized Date and will provide any and all credit, employment, financial and other information required by the mortgage lender. "Finalized Date" shall mean the date that appears under the signatures of the parties to this Contract. No term of this financing contingency can be
changed without written authorization of the Seller.
(B) DEVELOPMENT: (Check if applicable)
This Contract is contingent upon Buyer obtaining appropriate financing, applicable building permits, all utilities (electricity, gas, sewer and water) for use on the Property for the purpose intended. In the event there is not a public sewer system, this Contract is also subject to approval by proper Health Department authorities of a permit for installation of a septic tank. In the event of any one of these contingencies cannot be fulfilled on or before _____________, 20__, Seller agrees to refund Earnest
Money and this Contract shall become null and void. Buyer is responsible for determining whether all necessary utilities are on the Property and are available for the intended purpose of the Buyer.
2.CLOSING DATE: The sale shall be closed and the deed delivered on or before
,20___ at __:___ a.m.___ p.m.___.
3.EARNEST MONEY & BUYER'S DEFAULT: Seller and Buyer hereby direct the Listing Company to hold the Earnest Money in trust until this Contract has been accepted and signed by all parties, at which time the Earnest Money will be promptly deposited into the escrow account of the
The Birmingham Association of Realtors®, Inc. is not engaged in rendering legal, accounting or other professional service by approving this form. This form is published as a service to member real estate professionals and an explanation of its various provisions should be obtained from the appropriate professional. Because of varying state and local laws, competent legal or other advice should be secured before using any form. If a user of this form makes any substantive changes to any portions above, the form will no longer be an approved form.
Copyright© 2006 by the Birmingham Association of REALTORS®, Inc.
Lots or Other Unimproved Land Sales Contract, Page 1 of 5
Listing Company. In the event an offer or counteroffer is not accepted, the Earnest Money shall be returned to Buyer without a signed release. If the Contract is accepted and signed by all parties and the sale does not close, however, a separate mutual release signed by all parties to this Contract will be required before the Earnest Money will be disbursed. In the event either Buyer or Seller claims the escrowed funds without the agreement of the other party, any holder of the escrowed funds, as prescribed by Alabama Real Estate License Law Rule: 790-X-3-.03 (4), (5), must either retain the escrowed funds until there is a written mutual release among the parties or interplead the disputed portion of the funds into the appropriate court, and shall be entitled to deduct from the escrowed funds for court costs, attorney fees and other expenses relating to the interpleader; provided, however, that any Claim as defined in Paragraph 15 below shall remain subject to mediation and arbitration as set forth in said Paragraph. Seller, at Seller's option, may cancel this Contract if the Earnest Money check is rejected by the financial institution upon which it is drawn. In the event of default by Buyer, all deposits made hereunder may be forfeited as liquidated damages at the option of Seller, provided Seller agrees to the cancellation of this Contract, or alternatively, Seller may elect to pursue his or her available legal or equitable remedies against Buyer pursuant to Paragraph 15 below.
4.AGENCY DISCLOSURE:
The listing company is _________________________________________________________________ .
The selling company is _________________________________________________________________ .
The listing company is: (Two blocks may be checked)
An agent of the seller.
An agent of the buyer.
An agent of both the seller and buyer and is acting as a limited consensual dual agent.
Assisting the
buyer
seller (check one or both) as a transaction broker.
The selling company is: (Two blocks may be checked)
Buyer's Initials
Seller's Initials
5.TITLE INSURANCE: Seller agrees to furnish Buyer a standard form owner's title insurance policy at Seller's expense, issued by a company qualified to insure titles in Alabama, in the amount of the Purchase Price, insuring Buyer against loss on account of any defect or encumbrance in the title, subject to exceptions herein, including Paragraphs 6 & 8 below; otherwise, the Earnest Money shall be refunded in accordance with Paragraph 3 above. In the event owner's and mortgagee's title policies are required at closing, the total expense of procuring the two policies will be divided equally between Seller and Buyer, even if the mortgagee is the Seller. Seller shall have a reasonable length of time within which to perfect title or cure defects in the title to the Property.
6.SURVEY: Buyer does does not require a survey by a registered Alabama land surveyor of Buyer's choosing. The lender may require a survey and it is recommended that a new survey
be obtained on all purchases. Available information indicates that the Property
is
is not located in
a flood plain, but this should be confirmed by a flood plain certification and/or a current surveyor's statement in the survey which shall be the responsibility of Buyer. Further, unless otherwise agreed herein, the Property is purchased subject to utility easements, residential subdivision covenants and restrictions, if any, and building lines of record. It is the responsibility of Buyer to determine, prior to closing of this Contract, whether the foregoing materially impairs the use of the Property for intended purposes. Unless otherwise agreed herein, the survey shall be at Buyer's expense.
Lots or Other Unimproved Land Sales Contract, Page 2 of 5
7.PRORATIONS: Ad valorem taxes, as determined on the date of closing, accrued interest on mortgage(s) assumed, and homeowners association, fire district or other dues, fees or assessments are to be prorated between Seller and Buyer as of the date of closing, and any existing escrow deposits shall be credited to Seller. Unless otherwise agreed herein, all ad valorem taxes except municipal are presumed to be paid in arrears for purpose of proration; municipal taxes, if any, are presumed to be paid in advance.
8.
CONVEYANCE: Seller agrees to convey the Property to Buyer by
________
warranty
deed (check
if Buyer desires that title be held as joint tenants with rights of survivorship), free of all
encumbrances except as permitted in this Contract. Seller and Buyer agree that any encumbrances not herein excepted or assumed may be cleared at the time of closing from sales proceeds. The Property is sold and is to be conveyed subject to any mineral and/or mining rights not owned by Seller. Seller
understands that the present zoning classification is:
. It is Buyer's responsibility
to verify the current zoning classification.
9.CONDITION OF THE PROPERTY: SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CONDITION OF THE PROPERTY EXCEPT TO THE EXTENT EXPRESSLY AND SPECIFICALLY SET FORTH HEREIN. Purchaser has the obligation to determine any and all conditions of the Property material to Buyer decision to buy the Property, including without limitiation, subsurface condition, including the presence or absence of sinkholes, mining activity, wells or buried tanks and other objects; soil conditions; and utility and sewer or septic availabilty and condition. Except as otherwise stated in this Contract, Buyer accepts the Property in its present "as is" conditions.
10.DISCLAIMER: Seller and Buyer hereby acknowledge and agree that they have not relied upon any advice or representation of the Listing Broker or Company or the Selling Broker or Company or any of their sales associates ("brokers and sales associates"), and accordingly Seller and Buyer agree that no broker or sales associate shall be held responsible for any obligations or agreements that Seller or Buyer have to one another hereunder. Further, Seller and Buyer agree to discharge and release the brokers and sales associates from any claims, demands, damages, actions, causes of actions or suits at law arising in any way from this Contract related to the Property, and shall include but not be limited to the availability or location of utilities, sewer or septic system; the investment or resale value of the Property; subsurface or subsoil conditions such as sinkholes, mining or other soil conditions, including radon or other potentially hazardous gases or toxic materials; Property access, easements, covenants, restrictions, development structure, and appurtenances thereto, the availability of utilities or sewer service; and any matters affecting the character of the neighborhood; the past, present, or future financial stability of the developer, if any, or the future insurability of the Property; the investment or resale value of the Property; or any other matters affecting the willingness of the Seller and Buyer to sell or purchase the Property on the terms and at the Purchase Price herein set forth. Seller and Buyer acknowledge and agree that if such matters are of concern to them in the decision to sell or purchase the Property, they have sought and obtained independent advice relative thereto.
11.SELLER WARRANTY: Seller warrants that Seller has not received notification from any owners association or lawful authority regarding any unpaid assessments, pending assessments, pending public improvements, or repairs, replacements, or alterations to the Property that have not been satisfactorily made. Seller warrants that there is no unpaid indebtedness on the Property except as described in this Contract. These warranties shall survive the closing.
Lots or Other Unimproved Land Sales Contract, Page 3 of 5
12.HAZARDOUS SUBSTANCES: Seller and Buyer expressly acknowledge that the Broker(s) have not made an independent investigation or determination with respect to the existence or nonexistence of PCB transformers, or other toxic, hazardous or contaminated substances or gases in, on, or about the Property, or for the presence of underground storage tanks. Any such investigation or determination shall be the responsibility of Seller and/or Buyer and Broker(s) shall not be held responsible therefor.
13.SELECTION OF ATTORNEY: Buyer and Seller hereby do do not agree to share the fees of a closing attorney. Buyer and Seller acknowledge and agree that such sharing of fees may involve a conflict of interest on the part of the attorney and the attorney will require that an affidavit be signed at closing acknowledging the conflict of interest and Buyer's and Seller's acceptance of the same. The parties further acknowledge that they have a right to be represented at all times by separate and independent counsel in connection with this Contract and the closing thereof by an attorney of their own choosing at their own expense.
14.OTHER OFFERS WHILE BUYER'S OFFER IS PENDING: Buyer hereby acknowledges that offers other than Buyer's offer may have been made or may be made before Seller acts on or while Seller is considering Buyer's offer or counteroffer. While the Buyer's offer or counteroffer is pending, and before this Contract becomes effective, Seller hereby expressly reserves the right to reject Buyer's offer or counteroffer or to withdraw any offer previously made by Seller to Buyer relating to the Property, and to accept any other offer or counteroffer.
15.MEDIATION AND ARBITRATION/WAIVER OF TRIAL BY JURY: All claims, disputes or other matters in question arising out of or relating in any way to this Contract or the breach thereof, including claims against any broker or sales associate, or relating to the relationship involved with, created by or concerning this Contract, including the involvement of any broker or sales associate ("Claim"), shall be submitted to mediation with a mutually agreed upon mediator within forty-five (45) days of notice of the Claim. In the event no mediated resolution is reached within sixty (60) days of the party's notice of the Claim, all Claims shall be resolved by binding arbitration by a single arbitrator in Birmingham, Alabama in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. EACH PARTY ACKNOWLEDGES THAT HE OR SHE IS KNOWINGLY WAIVING THE RIGHT TO A TRIAL BY JURY RELATING TO ALL CLAIMS. All disputes concerning the arbitrability of any Claim or the enforceability or scope of this provision shall be subject to the same binding arbitration. The parties shall bear equally the cost of the arbitrator and each party shall otherwise bear their own costs; provided the arbitrator shall have the authority to award costs as a part of this award to the extent authorized by applicable law. The arbitrator shall follow the law applicable to any Claim and shall be empowered to award any damages or other relief which would be available under the law applicable to any such Claim. The determination of the arbitrator shall be final, binding on the parties and non-appealable, and may be entered in any court of competent jurisdiction to enforce it. The parties acknowledge and agree that the transactions contemplated by and relating to this Contract, which may include the use of materials and components which are obtained from out-of-state and which otherwise include the use of interstate mails, roadways and commerce, involve interstate commerce, as that term is defined in the Federal Arbitration Act, 9 U.S.C. § 2.
Lots or Other Unimproved Land Sales Contract, Page 4 of 5
16.FACSIMILE OR COUNTERPART SIGNATURES: This Contract may be executed and delivered by any party hereto by sending a facsimile of the signature or by a legally recognized e- signature. Such facsimile signature or legally recognized e-signature shall be binding upon the party so executing it upon the receipt of the signature by any other party.
17.ADDITIONAL PROVISIONS: Additional provisions to this Contract are set forth on the attached Addendum(s) # ______________________ which shall be signed by all parties and shall be part of this Contract.
18.OBLIGATION FOR FEES AND EXPENSES: Buyer and Seller acknowledge that in the event this Contract is cancelled or does not close for any reason, fees or costs paid in advance may be non- refundable.
19.ENTIRE AGREEMENT: This Contract constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussions, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer, Seller, nor any broker or sales associate shall be bound by any understanding, agreement, promise, or representation concerning the Property, expressed or implied, not specified herein.
THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THE LEGAL EFFECT OF ANY PART OF THIS CONTRACT, SEEK LEGAL ADVICE BEFORE SIGNING.
Witness to Buyer's Signature
Witness to Seller's Signature
Buyer
(Date)
Seller
Finalized Date: ________________________, 20______
(Date on which last party signed or initialed acceptance of final offer)
EARNEST MONEY: Receipt of the earnest money in the amount identified in Paragraph 1 is hereby acknowledged.
CASH
CHECK
LISTING COMPANY:
By:
DATE ____________, 20_____
Lots or Other Unimproved Land Sales Contract, Page 5 of 5
Filling out the Alabama Land Sales Contract form is a crucial step in the property buying process. This document outlines the agreement between the buyer and seller regarding the sale of unimproved land. It’s essential to complete the form accurately to ensure that all parties are clear on the terms of the sale.
Once the form is completed, review it carefully to ensure all information is accurate. Both the buyer and seller should keep a copy for their records. After signing, the next steps will involve following through with the agreed terms, including any necessary financing and preparations for closing.
What is an Alabama Land Sales Contract?
The Alabama Land Sales Contract is a legal document used when buying or selling unimproved land in Alabama. This contract outlines the terms of the sale, including the total purchase price, financing details, and closing date. It is designed to protect both the buyer and seller by clearly stating their rights and obligations regarding the transaction. The form is approved by the Birmingham Association of REALTORS® and must be used in accordance with Alabama real estate laws.
What are the key components of the contract?
The contract includes several important sections. First, it specifies the total purchase price and the amount of earnest money to be deposited. It also outlines any financing contingencies, such as whether the buyer will pay cash or obtain a loan. The closing date is another critical component, as it indicates when the sale will be finalized. Additionally, the contract addresses the condition of the property, title insurance, and any contingencies related to permits and utilities. Each section is designed to ensure both parties are aware of their responsibilities and the conditions under which the sale will occur.
What happens if the sale does not close?
If the sale does not close after the contract has been signed by both parties, the earnest money may be subject to specific conditions. A mutual release signed by both parties is typically required to disburse the earnest money. If one party claims the earnest money without the other's agreement, the holder of the funds may either retain them until a mutual release is obtained or interplead the funds into court. This process ensures that disputes over the earnest money are resolved fairly and legally.
Can changes be made to the contract after it is signed?
Filling out the Alabama Land Sales Contract form requires careful attention to detail. One common mistake is failing to accurately complete the legal description of the property. This section is critical as it identifies the specific lot or unimproved land being sold. Incomplete or incorrect legal descriptions can lead to disputes or complications during the closing process. Buyers and sellers must ensure that all details are precise and match public records.
Another frequent error involves the earnest money section. Buyers often neglect to specify the amount of earnest money they are willing to deposit. This oversight can create uncertainty and may jeopardize the transaction. The earnest money serves as a demonstration of the buyer's commitment to the purchase, and failing to provide a clear amount can lead to misunderstandings between the parties.
Additionally, many individuals overlook the closing date field. Leaving this section blank or incorrectly filled can delay the transaction significantly. Both parties should agree on a realistic timeline for closing and ensure that it is documented properly in the contract. This clarity helps avoid potential conflicts and ensures a smoother transition of ownership.
Lastly, buyers frequently forget to check the financing contingency options. This part of the contract outlines whether the purchase is contingent upon obtaining a loan. Neglecting to indicate the financing terms can lead to complications if the buyer is unable to secure funding. It is essential to select the appropriate option and provide any necessary details to protect both parties' interests.
The Alabama Land Sales Contract is a crucial document in real estate transactions involving unimproved land. However, it is often accompanied by several other forms and documents that help clarify the terms of the sale, ensure compliance with legal requirements, and protect the interests of both buyers and sellers. Below are some of the key documents commonly used alongside the Alabama Land Sales Contract.
Each of these documents plays a vital role in the real estate transaction process. By understanding their purpose and importance, both buyers and sellers can navigate the complexities of land sales with greater confidence and clarity.
When filling out the Alabama Land Sales Contract form, it is essential to be thorough and accurate. Here are some important dos and don'ts to keep in mind:
Following these guidelines will help ensure a smoother transaction process. Always consider seeking professional advice if you have any uncertainties about the contract.
This contract includes various contingencies, such as financing and development approvals, which must be met for the agreement to remain valid.
The contract does not guarantee a home inspection. Buyers must specify if they require one, and it is typically at their own expense.
Sellers make no warranties regarding the condition of the property, except as specifically stated in the contract. Buyers accept the property in its current "as is" condition.
Earnest money may be forfeited if the buyer defaults on the contract. The seller has the option to pursue legal remedies or accept the forfeiture.
While the seller agrees to provide a title insurance policy, it is not automatically included. Buyers should verify the terms and conditions regarding title insurance.
The Association does not guarantee the legal validity of the contract. It is advisable for both parties to seek independent legal advice before signing.
Closing costs are typically shared between the buyer and seller, unless otherwise specified in the contract.
Any amendments to the contract must be made in writing and signed by both parties to be enforceable.
Understanding the Alabama Land Sales Contract form is crucial for both buyers and sellers. Here are key takeaways to keep in mind:
Taking the time to thoroughly understand these aspects will help ensure a smooth transaction for both buyers and sellers in Alabama.