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OREC VACANT LOT / LAND (11-2019)
This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.
OKLAHOMA REAL ESTATE COMMISSION
This is a legally binding Contract; if not understood, seek advice from an attorney.
OKLAHOMA UNIFORM CONTRACT OF SALE OF REAL ESTATE
VACANT LOT/LAND
CONTRACT DOCUMENTS. The Contract is dened as this document with the following attachment(s):
(check as applicable)
___ Conventional Loan ___ Single Family Mandatory Homeowners’ Association
___ Seller Financing ___ Condominium Association
___ Assumption ___ Townhouse Association
___ __________________ ___ Supplement
___ __________________ ___ Sale of Buyer’s Property - Presently Under Contract
___ __________________ ___ Sale of Buyer’s Property - Not Under Contract
PARTIES. THE CONTRACT is entered into between:
________________________________________________________________________________________________________ “Seller”
and ____________________________________________________________________ ________________________________ “Buyer”.
The Parties’ signatures at the end of the Contract, which includes any attachments or documents incorporated by reference, with delivery to
their respective Brokers, if applicable, will create a valid and binding Contract, which sets forth their complete understanding of the terms of
the Contract. This agreement shall be binding upon and inure to the benet of the Parties hereto and their respective heirs, successors and
permitted assigns. The Contract shall be executed by original signatures of the Parties or by signatures as reected on separate identical
Contract counterparts (carbon, photo, fax or other electronic copy)
. The Parties agree that as to all aspects of this transaction involving
documents an electronic signature shall have the same force and effect as an original signature pursuant to the provisions of the Uniform
Electronic Transactions Act, 12A, Oklahoma Statutes, Section 15-101 et seq. All prior verbal or written negotiations, representations and
agreements are superseded by the Contract, which may only be modied or assigned by a further written agreement of Buyer and Seller.
The Parties agree that all notices and documents provided for in this contract shall be delivered to the Parties or their respective Brokers, if
applicable. Seller agrees to sell and convey by General Warranty Deed, and Buyer agrees to accept the deed and buy the Property described
herein, on the following terms and conditions:
The Property shall consist of the following described real estate located in ___________________________________ County, Oklahoma.
1. LEGAL DESCRIPTION. �������������������������������������������������������������������������������������
Property Address City Zip
Together with all xtures and improvements, and all appurtenances, subject to existing zoning ordinances, plat or deed restrictions, utility
easements serving the Property, including all mineral rights owned by Seller, which may be subject to lease, unless expressly reserved
by Seller in the Contract and excluding mineral rights previously reserved or conveyed of record (collectively referred to as “the Property”.)
2. PURCHASE PRICE, EARNEST MONEY, AND SOURCE OF FUNDS.
This is a CASH TRANSACTION unless a Financing Supplement
is attached. The Purchase Price is $__________________________ payable by Buyer as follows: Within three (3) days of the
execution of the Contract, Buyer must deliver $______________ as Earnest Money, which shall be deposited in the trust account of
_______________________________,
or if left blank, the Listing Broker’s trust account, as partial payment of the purchase price and/or
closing costs. Buyer shall pay the balance of the purchase price and Buyer’s Closing costs at Closing. If Buyer fails to deliver the earnest
money within the time required, Seller may terminate this contract or exercise Seller’s remedies under Paragraph 15, or both, by providing
notice to Buyer before Buyer delivers the earnest money. If the last day to deliver the earnest money falls on a Saturday, Sunday, or legal
holiday, the time to deliver the earnest money is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday.
3. CLOSING, FUNDING AND POSSESSION. The Closing process includes execution of documents, delivery of deed, and receipt
of funds by Seller and shall be completed on or before _______________________________, (“Closing Date”) or such later date
as may be necessary in the Title Evidence Paragraph of the Contract. Possession shall be transferred upon conclusion of Closing
process unless otherwise provided below:
_________________________________________________________________________________________________________.
In addition to costs and expenses otherwise required to be paid in accordance with terms of the Contract, Buyer shall pay Buyer’s
Closing fee, Buyer’s recording fees, and all other expenses required from Buyer. Seller shall pay documentary stamps required, Seller’s
Closing fee, Seller’s recording fees, if any, and all other expenses required from Seller. Funds required from Buyer and Seller at Closing
shall be either cash, cashier’s check or wire transfer.
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OREC VACANT LOT / LAND (11-2019)
Property Address ____________________________________________________________________________________
This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.
4. ACCESSORIES, EQUIPMENT AND SYSTEMS. The following items, if existing on the Property, unless otherwise excluded, shall
remain with the Property at no additional cost to Buyer:
• Key(s) to the property
• Fences (includes sub-surface electric &
components)
• Mailboxes/Flag poles
• Propane tank(s) if owned
• Sprinkler systems & control(s)
• Exterior landscaping and lighting
• Entry gate control(s)
• Water meter, sewer/trash membership, if
owned
• All remote controls, if applicable
A. Additional Inclusions. The following items shall also remain with the Property at no additional cost to Buyer:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
B. Exclusions. The following items shall not remain with the Property: ______________________________________ __________
______________________________________________________________________________________________________
5. TIME PERIODS SPECIFIED IN CONTRACT. Time periods for Investigations, Inspections and Reviews and Financing Supplement
shall commence on _____________________________________ (Time Reference Date), regardless of the date the Contract is
signed by Buyer and Seller. The day after the Time Reference Date shall be counted as day one (1). If left blank, the Time Reference
Date shall be the third day after the last date of signatures of the Parties.
6. INVESTIGATIONS, INSPECTIONS and REVIEWS.
A. Buyer shall have ______________ days (10 days if left blank) after the Time Reference Date to complete any investigations,
inspections, and reviews. Seller shall have water, gas and electricity turned on and serving the Property for Buyer’s inspections,
and through the date possession is made available to Buyer. If required by ordinance, Seller shall deliver to Buyer within ve (5)
days after the Time Reference Date any written notices affecting the Property.
B. Buyer, together with persons deemed qualied by Buyer and at Buyer’s expense, shall have the right to enter upon the Property to
conduct any and all investigations, inspections, and reviews of the Property. Buyer’s right to enter upon the Property shall extend to
Oklahoma-licensed Home Inspectors and licensed architects for purposes of performing a home inspection. Buyer’s right to enter
upon the Property shall also extend to registered professional engineers, professional craftsman and/or other individuals retained by
Buyer to perform a limited or specialized investigation, inspection or review of the Property pursuant to a license or registration from
the appropriate State licensing board, commission or department. Finally, Buyer’s right to enter upon the Property shall extend to any
other person representing Buyer to conduct an investigation, inspection and/or review which is lawful but otherwise unregulated or
unlicensed under Oklahoma Law. Buyer’s investigations, inspections, and reviews may include, but not be limited to, the following:
1) Flood, Storm Run off Water, Storm Sewer Backup or Water History.
2) Psychologically Impacted Property and Megan’s Law.
3) Environmental Risks. including, but not limited to soil, air, water, hydrocarbon, chemical, carbon, asbestos, mold, radon gas,
lead-based paint.
4) Use of Property. Property use restrictions, building restrictions, easements, restrictive covenants, zoning ordinances and
regulations, mandatory Homeowner Associations, dues and special assessments.
5) Square Footage/Acreage. Buyer shall not rely on any quoted square footage/acreage and shall have the right to measure or
survey the Property.
6) ________________________________________________________________________________________________
C. If, in the sole opinion of the Buyer, result of investigations, inspections or reviews are unsatisfactory, the Buyer may cancel the Contract
by delivering written notice of cancellation to Seller, in care of Seller’s Broker, if applicable, and receive refund of earnest money.
D. EXPIRATION OF BUYER’S RIGHT TO CANCEL CONTRACT:
1) Failure of Buyer to perform any investigations, inspections and reviews or to cancel the contract within the time periods in
INVESTIGATIONS, INSPECTIONS and REVIEWS Provision shall constitute acceptance of the Property regardless of its
condition.
2) After expiration of the time periods in INVESTIGATIONS, INSPECTIONS and REVIEWS Provision, any square footage/acreage
calculation of the Property, including but not limited to appraisal or survey, indicating more or less than quoted, shall not relieve
the Buyer of the obligation to close this transaction.
7. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS. Upon receipt by Buyer, in care of Buyer’s Broker, if
applicable, Buyer, or Buyer’s Broker, if applicable, shall deliver to Seller, in care of the Seller’s Broker, if applicable, a copy of any and all
written inspection reports obtained by the Buyer pertaining to all portions of the Property which are subject to Buyer’s right of inspections.
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OREC VACANT LOT / LAND (11-2019)
Property Address ____________________________________________________________________________________
This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.
8. COST OF INSPECTIONS/REINSPECTIONS. The cost of any and all inspections and reinspections shall be paid by the Buyer, unless
prohibited by mortgage lender.
9. RISK OF LOSS. Until transfer of Title or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be
upon Seller; after transfer of Title or transfer of possession, risk of loss shall be upon Buyer.
10. ACCEPTANCE OF PROPERTY. Buyer, upon accepting Title or transfer of possession of the Property, shall be deemed to have
accepted the Property in its then condition. No warranties, expressed or implied, by Sellers, Brokers and/or their associated licensees,
with reference to the condition of the Property, shall be deemed to survive the Closing.
11. TITLE EVIDENCE.
A. Buyer’s Expense. Buyer, at Buyer’s expense, shall obtain:
(check one)
Commitment for Issuance of a Title Insurance Policy based on an Attorney’s Title Opinion which is rendered for
Title Insurance purposes for the Owner’s and Lender’s Title Insurance Policy.
OR
Attorney’s Title Opinion which is not rendered for Title Insurance purposes
B. SELLER’S EXPENSE. Seller, at Seller’s expense, within thirty (30) days prior to Closing Date, agrees to make available to Buyer
the following (collectively referred to as “the Title Evidence”):
1) A complete and current surface-rights only Abstract of Title, certied by an Oklahoma-licensed and bonded abstract company,
OR
A copy of Seller’s existing owner’s title insurance policy issued by a title insurer licensed in the State of Oklahoma together with
a supplemental and current surface-rights-only abstract certied by an Oklahoma-licensed and bonded abstract company;
2) A current Uniform Commercial Code Search.
C. LAND OR BOUNDARY SURVEY OR REPORT. Seller agrees that Buyer, at Buyer’s expense, may have a licensed surveyor enter
upon the Property to perform:
(Check One)
A Land or Boundary (Pin Stake) Survey, or
A Mortgage Inspection Report that shall then be considered as part of the Title Evidence.
Seller shall furnish Seller’s existing survey of the Property to Buyer and the Title Company, along with Seller’s affidavit
acceptable to the Title Company for approval of the survey. The existing Survey (check one):
will will not be re-certied
to a date subsequent to the Time Reference Date of this Contract at the expense of (check one):
Buyer Seller. If
the existing survey is not approved by the Title Company or Buyer’s Lender, a new survey will be obtained at the expense
of (check one):
Buyer Seller no later than ________ days (three (3) days if left blank) prior to the Closing Date.
Survey Not Required
D. BUYER TO EXAMINE TITLE EVIDENCE.
1)
Buyer shall have ten (10) days after receipt to examine the Title Evidence and to deliver Buyer’s objections to Title to Seller, or Seller’s Broker,
if applicable. In the event the Title Evidence is not made available to Buyer, in care of Buyer’s Broker, if applicable, within ten (10) days prior
to Closing Date, said Closing Date shall be extended to allow Buyer the ten (10) days from receipt to examine the Title Evidence.
2) Buyer agrees to accept title subject to: (i) utility easements serving the property, (ii) building and use restrictions of record, (iii)
set back and building lines, (iv) zoning regulations, and (v) reserved and severed mineral rights, which shall not be considered
objections for requirements of Title.
E.
SELLER TO CORRECT ISSUES WITH TITLE (IF APPLICABLE), POSSIBLE CLOSING DELAY. Upon receipt by Seller, or in care of
Seller’s Broker, if applicable, of any title requirements reected in an Attorney’s Title Opinion or Title Insurance Commitment, based upon the
standard of marketable title set out in the Title Examination Standards of the Oklahoma Bar Association, the Parties agree to the following:
1) At Seller’s option and expense, Seller may cure title requirements identied by Buyer; and.
2) Delay Closing Date for ______________ days [thirty (30) days if blank], or a longer period as may be agreed upon in writing,
to allow Seller to cure Buyer’s title requirements. In the event Seller cures Buyer’s objection prior to the delayed Closing Date,
Buyer and Seller agree to close within ve (5) days of notice of the cure. In the event that title requirements are not cured within
the time specied in this Paragraph, the Buyer may cancel the Contract and receive a refund of earnest money
F. Upon Closing, any existing Abstract(s) of Title, owned by Seller, shall become the property of Buyer.
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OREC VACANT LOT / LAND (11-2019)
Property Address ____________________________________________________________________________________
This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.
12. TAXES, ASSESSMENTS AND PRORATIONS.
A. General ad valorem taxes for the current calendar year shall be prorated through the date of closing, if certied. However, if the
amount of the taxes has not been xed, the proration shall be based upon the rate of levy for the previous calendar year and the
most current assessed value available at the time of Closing.
B. The following items shall be paid by Seller at Closing: (i) Documentary Stamps; (ii) all utility bills, actual or estimated; (iii) all taxes
other than general ad valorem taxes which are or may become a lien against the Property; (iv) labor, materials, or other expenses
related to the Property, incurred prior to Closing which is or may become a lien against the Property.
C. At Closing all leases, if any, shall be assigned to Buyer and security deposits, if any, shall be transferred to Buyer. Prepaid rent and
lease payments shall be prorated through the date of Closing.
D. If applicable, membership and meters in utility districts to include, but not limited to, water, sewer, ambulance, re, garbage, shall
be transferred at no cost to Buyer at Closing.
E. Matters pertaining to commercial leases or agricultural leases or production, if applicable, shall be addressed in an attached addendum.
F. If the property is subject to a mandatory Homeowner’s Association, dues and assessments, if any, based on most recent assessment, shall
be prorated through the date of Closing.
G. All governmental and municipal special assessments against the property (matured or not matured), not to include Homeowner’s Association
special assessments, whether or not payable in installments, shall be paid in full by Seller at Closing.
13. ADDITIONAL PROVISIONS
14. MEDIATION. Any dispute arising with respect to the Contract, shall rst be submitted to a dispute resolution mediation system
servicing the area in which the Property is located. Any settlement agreement shall be binding. In the event an agreement is not
reached, the Parties may pursue legal remedies as provided by the Contract.
15. BREACH AND FAILURE TO CLOSE.
Seller or Buyer shall be in Breach of Contract if either fails to comply with any material covenant,
agreement, or obligations within the time limits required by the Contract. TIME IS OF THE ESSENCE IN THIS CONTRACT. Following
a breach by either Seller or Buyer of the Contract, and after an unsuccessful mediation, as set out in MEDIATION Provision, the other
Party shall have the following remedies:
A. UPON BREACH BY SELLER. If the Buyer performs all of the obligations of Buyer, and if, within ve (5) days after the date specied
for Closing under Paragraph 3 of the Contract, Seller fails to convey the Title or fails to perform any other obligations of the Seller
under this Contract, then Buyer shall be entitled to either cancel and terminate this Contract, return the abstract to Seller and receive
a refund of the earnest money, or pursue any other remedy available at law or in equity, including specic performance.
B. UPON BREACH BY BUYER. If at any time prior to closing the Buyer’s Earnest Money should fail for lack of delivery or lack of
collection pursuant to Paragraph 2, then Seller may, at Seller’s option, elect to do one of the following: (i) cancel and terminate this
Contract upon delivery of notice of termination to Buyer, (ii) pursue any other remedy available at law or in equity, or (iii) enter into a
written agreement between Buyer and Seller modifying the terms of Paragraph 2 to cure the lack of delivery or lack of collection of
the Earnest Money. If, after the Seller has performed Seller’s obligation under this Contract, and Buyer fails to provide funding, or
fails to perform any other obligations of the Buyer under this Contract, then the Seller may, at Seller’s option, cancel and terminate
this Contract and retain all sums paid by the Buyer, but not to exceed 5% of the purchase price, as liquidated damages, or pursue
any other remedy available at law or in equity, including specic performance.
16. INCURRED EXPENSES AND RELEASE OF EARNEST MONEY.
A. Incurred Expenses. Buyer and Seller agree that any expenses, incurred on their behalf, shall be paid by the Party incurring the
expenses and shall not be paid from earnest money.
B. Release of Earnest Money. In the event a dispute arises prior to the release of earnest money held in escrow, the escrow holder
shall retain said earnest money until one of the following occur:
1) A written release is executed by Buyer and Seller agreeing to its disbursement;
2) Agreement of disbursement is reached through Mediation;
3) Interpleader or legal action is led, at which time the earnest money shall be deposited with the Court Clerk; or
4)
The passage of thirty (30) days from the date of nal termination of the Contract has occurred and options 1), 2) or 3) above have
not been exercised; Broker escrow holder, at Broker’s discretion, may disburse earnest money. The disbursement may be made only
after fteen (15) days written notice to Buyer and Seller at their last known address stating the escrow holder’s proposed disbursement.
1 7. DELIVERY OF ACCEPTED OFFER OR COUNTEROFFER. The Buyer and Seller authorize their respective Brokers, if applicable, to
receive delivery of an accepted offer or counteroffer, and any related addenda or documents.
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OREC VACANT LOT / LAND (11-2019)
Property Address ____________________________________________________________________________________
This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.
18. NON-FOREIGN SELLER. Seller represents that at the time of acceptance of this contract and at the time of Closing, Seller is not
a “foreign person” as it is dened in the Foreign Investments in Real Property Tax Act of 1980 (26 USC Section 1445(f) et. Sec)
(“FIRPTA”). If either the sales price of the property exceeds $300,000.00 or the buyer does not intend to use the property as a primary
residence then, at the Closing, and as a condition thereto, Seller shall furnish to Buyer an affidavit, in a form and substance acceptable
to Buyer, signed under penalty of perjury containing Seller’s United States Social Security and/or taxpayer identication numbers and
a declaration to the effect that Seller is not a foreign person within the meaning of Section “FIRPTA.”
19. TERMINATION OF OFFER. The above Offer shall automatically terminate on _____________________________unless withdrawn
prior to acceptance or termination.
20. EXECUTION BY PARTIES.
AGREED TO BY BUYER: AGREED TO BY SELLER:
________________________________________________ ________________________________________________
Buyer’s Printed Name Date Seller’s Printed Name Date
________________________________________________ ________________________________________________
Buyer’s Signature Seller’s Signature
________________________________________________ ________________________________________________
Buyer’s Printed Name Date Seller’s Printed Name Date
________________________________________________ ________________________________________________
Buyer’s Signature Seller’s Signature
OFFER REJECTED AND SELLER IS NOT MAKING A COUNTEROFFER _________________________, 20_____________________
___________________________________________________ ___________________________________________________
Seller’s Signature Seller’s Signature
ASSOCIATE INFORMATION
SELLING BROKER/ASSOCIATE: LISTING BROKER/ASSOCIATE:
________________________________________________ ______________________________________________
Name and OREC Associate License Number Name and OREC Associate License Number
________________________________________________ ______________________________________________
OREC Company Name OREC Company Name
________________________________________________ ______________________________________________
OREC Company License Number OREC Company License Number
________________________________________________ ______________________________________________
Company Address Company Address
________________________________________________ ______________________________________________
Company Phone Number Company Phone Number
________________________________________________ ______________________________________________
Associate Email Date Associate Email Date
