FOR SALE BY OWNER - Max Title · Buyer will pay the sale price in cash or certified check,...

FOR

SALE

BY

OWNER

MAXIMUS TITLE AGENCY, LLC

363 W. Big Beaver Rd.

Suite 215

Troy, MI 48084

844-558-4853 (phone & fax)

This package is for informational purposes. Maximus Title Agency does not offer legal advice. If you are unsure of any

of your responsibilities as a seller, we strongly advise that you seek counsel from a licensed real estate broker or attorney

Congratulations

You are about to become one of the rapidly growing number of people who have chosen to

sell their home themselves. Maximus Title Agency prides itself on customer service and

professionalism. We will be here to assist you all the way through the process.

1. Title Order Form.

Please complete the entire form in as much detail as possible. Complete and

accurate information will streamline the entire process.

2. Purchase Agreement.

A fill-in-the-blank purchase agreement is provided. Maximus Title Agency cannot

assist you in negotiating the terms of the contract, but we can answer general

questions. If you need further assistance, we strongly advise seeking the counsel

from a licensed real estate broker or attorney.

3. Seller’s Disclosure Statement

You are required by law to provide an accurate Seller’s Disclosure Statement to

any prospective purchaser prior to signing a purchase agreement.

4. Lead Paint Disclosure

You are required by law to provide an accurate Lead-Based Paint Disclosure to

any prospective purchaser prior to signing a purchase agreement.

5. Payoff Authorization Letter

If you have current liens (mortgages) against your property, you can easily obtain

payoff letters from the lien holders (lenders). If you would like Maximus Title

Agency to obtain these for you, please complete this form for each lien holder and

provide a current statement.

6. Earnest Money Deposit Agreement

Maximus Title Agency will act as Escrow Agent for any earnest money deposits or

buyers gift funds. These forms must be completed and signed by all parties. We

must receive these with or prior to receiving any funds.

7. Explanation of Title Commitment/Insurance

8. “Protect Your Family From Lead In Your Home” Broucher

You are required by law to provide this to the Buyer if the house was built prior to

1978



Suite 215

Troy, MI 48084

844-558-4853 (phone & fax)

ORDER FORM

Order Placed By:

Phone:

Email:

Purpose: ☐ Purchase ☐ Refinance ☐ Title Search

Property Information

Street Address:

City/Township: Sate: ZIP:

Tax Parcel ID:

Legal Description:

Association: ☐ NO ☐ YES

Borrower(s) / Seller(s)

Borrower 1 Name:

Borrower 2 Name:

SSN: SSN:

Phone: Phone:

Email: Email:

Current Address:

Seller 1 Name:

Seller 2 Name:

SSN: SSN:

Phone: Phone:

Email: Email:

Forwarding Address:

Association Name:

Contact Name:

Phone:

Lender / Broker

Lender Name:

Mortgage Clause:

Address:

Loan Officer:

Phone:

Email:

Loan Amount: Loan Number: Loan Type:

Broker Name:

Address:

Loan Officer:

Phone:

Email:

Realtors

Listing Agent: Selling Agent:

Company: Company:

Phone: Phone:

Email: Email:

Commission %: $: Commission %: $:

Admin Fees: Admin Fees:

Home Warranty: ☐ NO ☐ YES

Seller Concessions: ☐ NO ☐ YES $_____________

NOTES:

Purchaser(s) initials ______ ______ 1 of 4 Seller(s) initials ______ ______

OFFER TO PURCHASE REAL ESTATE

1. BUYER’S OFFER: The undersigned Buyer hereby offers and agrees to purchase the following property located in the

_______________ of __________________________, County of __________________, State of Michigan, described as follows:

____________________________________________________________________________________________________________

___________________________________________________________________________________________________________,

being known as _______________________________________________________________________, together with all

improvements and appurtenances, if any. The property includes all buildings; gas, oil, and mineral rights owned by Seller; plumbing,

heating and electrical fixtures; built-in appliances; water softener, security system, satellite dish and controls, unless rented; water

pumps and pressure tanks; stationary laundry tubs; all television antennas, rotors and any mechanical controls; window shades,

shutters, blinds, curtains and drapery rods, and all window treatments, including curtains and drapes; attached floor coverings;

attached fireplace doors and screens; garage door opener and controls; screens, storm windows and doors; fuel in tank(s),

landscaping, fences and mailboxes, if any; and _______________________________________________________________________

___________________________________________________________________________________________________________,

but does not include ___________________________________________________________________________________________

___________________________________________________________________________________________________________.

The property is purchased subject to the existing building and use restrictions, easements of record, and zoning ordinances, if any;

provided said restrictions, easements, and zoning ordinances do not unreasonably restrict the Buyer’s intended use of the property.

(SEE paragraph 6.)

2. SALE PRICE – METHOD OF PAYMENT: The sale price is ___________________________________Dollars ($________________).

All monies paid by Buyer to Seller must be in cash or certified check, cashier’s check, wire, Escrow Company check, or money order.

□

THE SALE TO BE CONSUMMATED BY: A, B, OR C.

A. (____) CASH SALE. Buyer will pay the sale price in cash or certified check, cashier’s check, or money order upon delivery

by Seller of a Warranty Deed conveying marketable title.

B. (____) NEW MORTGAGE. This Offer to Purchase is contingent upon the ability of the Buyer to obtain a mortgage from such

lender as Buyer may select in the amount of $_________________ with an interest rate not to exceed _______ percent for

a term of _______ years. Buyer will apply for the mortgage within _____________ days after Buyer has received an acceptable

inspection report pursuant to paragraph 14 below. If a firm commitment for such mortgage cannot be obtained within

_______ days from date of application, at either party’s written option, this Offer can be declared null and void and the

deposit shall be returned to Buyer.

C. (____) LAND CONTRACT/MORTGAGE ASSUMPTION – SEE FINANCING ADDENDUM.

3. OCCUPANCY:

If Seller occupies the property, Seller shall deliver occupancy and possession of the property as follows:

□ Immediately after closing.

□ Within _______days after closing by 5 p.m. From the date of closing to and including the date of vacating, Seller shall pay

Buyer $ ___________ per day as an occupancy charge. At closing, Seller shall deposit with the Maximus Title Agency, LLC

(Escrow AGENT) $______________ to hold security for said occupancy charge. The Escrow Agent shall pay to the Buyer the

amount of the occupancy charge and then reimburse Seller for any unused days upon Seller vacating the property. If

occupancy by Seller is to extend longer than thirty (30) days, escrow agent shall release to Buyer each thirty (30) days an

amount equal to the said thirty-day occupancy charge.

□ If tenants occupy the property, then:

□ Seller will have the tenants vacate the property before closing.

□ Buyer will be assigned all Landlord rights and security deposit and rents prorated to date of closing, with Buyer

assuming Landlord rights and obligations after date of closing. Seller agrees to pay or reimburse Buyer for all costs

and expenses incurred in recovering possession of the property, including actual attorney fees, together with all

actual, incidental and consequential damages sustained by Buyer which shall include, but not be limited to, housing

expense, storage fees, actual attorney fees and any other costs or expenses which either arise out of or are

connected with Seller’s failure or refusal to vacate the property as required by this Agreement. (The Escrow Agent

has no obligation, implied or otherwise, for seeing that the premises are vacated on the date specified or for the

condition of the premises, etc.)

4. DEPOSIT. Upon acceptance of this offer, Purchaser will deposit with Maximus Title Agency, LLC (Escrow Agent) the sum of

$_____________, (Deposit) in the form of a certified check, personal check or wire. Escrow Agent shall apply Deposit to the purchase

price if the sale is consummated and further subject to paragraph 12.


5. TITLE INSURANCE. Seller shall provide to Buyer, at Seller’s expense, an Eagle Owner’s policy of title insurance without standard

exceptions in the amount of the sale price. Seller will apply for a commitment for title insurance within _____ days after the date of

acceptance of this Offer to Purchase through Maximus Title Agency, LLC. Seller shall pay, or reimburse Buyer by a credit at closing, for

the cost of a stake survey of the property, if required by the title insurance company, in order to issue a policy without exceptions.

Seller shall provide Buyer with a copy of the commitment immediately upon receipt, but not later than _____ days prior to. Upon

receipt of the commitment, Buyer shall have _____ days to provide Seller with written notice of any objections. Seller shall have thirty

(30) days after receiving written notice to remedy the claimed defects. If Seller is unable to remedy the defects within thirty (30) days,

Buyer shall have the option of: (1) Proceeding and closing the transaction; or (2) Not closing the transaction and recovering from the

Seller the actual damages suffered as a result of Seller’s inability to remedy the defects as well as having the deposit returned in its

entirety to the Buyer; or (3) Declaring the Offer to Purchase null and void and having the deposit refunded in its entirety to Buyer.

6. APPROVAL OF EASEMENTS AND RESTRICTIONS. This Offer to Purchase is contingent upon Buyer’s review and approval of the

easements and/or deed and building and use restrictions within ______ days from delivery of such documents to Buyer. Seller or

Seller’s agent shall deliver these documents to Buyer within ______ days from date of Seller’s acceptance of this Offer to Purchase. In

the event Buyer determines that the easements and/or deed and building and use restrictions are unacceptable, then Buyer shall have

the option to terminate this Offer to Purchase without further liability; and, upon the exercise of such option by Buyer, the deposit

made hereunder shall be returned in its entirety to Buyer within ten (10) business days after written notice that the easements and/or

restrictions are unacceptable. In the event Buyer has not notified Seller that Buyer is terminating this Offer to Purchase within ______

business days after receiving these documents, the conditions of this paragraph shall be deemed removed and waived by the Buyer.

7. HOMEOWNERS/CONDOMINIUM ASSOCIATION. If there is a Homeowners/Condominium Association that has authority over the

property, Seller is to provide Buyer with a copy of the most recent financial statement, Master Deed (if any), by-laws and assessments

and any other related information within _____ days of acceptance. If Buyer does not notify Seller in writing within _____ days from

the date of receipt of said documents that the Buyer is dissatisfied with said documents, this Agreement shall be binding without

regard to said documents. If Buyer notifies Seller in writing that Buyer is dissatisfied with said documents within the above specified

calendar days, then Buyer may declare this Agreement void and all earnest money deposits shall be refunded.

8. TAXES AND ASSESSMENTS. Seller will pay all prior years’ real estate taxes and all assessments which have become a lien upon the

land at the date of this Offer to Purchase. Seller will pay all current year real estate taxes which are due before date of closing. Current

year real estate taxes shall be prorated and adjusted as of the date of closing in accordance with Due Date basis of the municipality or

taxing unit in which the property is located, as though they are paid in advance.

9. OTHER PRORATIONS. Interest, rents, insurance, condominium or association dues or fees shall be prorated and adjusted on a 365-

day basis. Escrow Agent may retain from the amount due Seller at closing, a minimum of Two Hundred ($300) Dollars for water charges

(based upon water usage of the community). When the next water bill or reading is received, all water adjustments shall be made

through the day of possession.

10. CLOSING. Buyer and Seller will close the sale within _____ days after necessary documents are ready. If a new mortgage is being

applied for, the time of closing shall be governed by the lender’s requirements. In no event shall the closing take place later than the

_____ day of __________________, 20____.

11. CLOSING COSTS. Unless otherwise provided in this Offer to Purchase, it is agreed that Seller shall pay all state and county transfer

taxes and costs required to convey clear title. Buyer shall pay the cost of recording the deed and/or security interests and all mortgage

loan closing costs required by the mortgagee. Other applicable costs may be incurred by either party.

12. DEFAULT. If Buyer defaults, Seller may declare forfeiture hereunder and retain the deposit as liquidated damages. If Seller defaults,

Buyer may enforce the terms of this Offer to Purchase or may demand a refund of the deposit and pursue all other remedies available

to Buyer for damages.

13. RELEASE. Buyer recognizes that the Seller has provided the Buyer a required Seller’s Disclosure Statement. The Buyer has been

afforded the right to independent inspections of the property, and hereby knowingly waives, releases and relinquishes any and all

claims or causes of action against Broker(s), its officers, directors, employees, and independent sales associates. Buyer and Seller

recognize and agree that the Broker(s) and sales associates involved in this transaction are not parties to this Agreement. The Broker(s)

and sales associates specifically disclaim any responsibility for the condition of the property or for the performance of the Agreement

by the parties.

14. CITY CERTIFICATION. If the property is located in a municipality that requires an inspection prior to a sale, Seller will pay for

necessary inspections and/or required repairs, if any, to obtain written approval of the municipality.

15. PROFESSIONAL RECOMMENDATION. Buyer shall have the right to submit this agreement to its attorney for review of form and

content after acceptance by the Seller. If Buyer or its attorney does not advise Seller that the agreement is not acceptable as to form

or content within _____ days after acceptance, this contingency will be deemed removed.


16. INSPECTION. Buyer may obtain independent private inspection(s) of the property, including, but not limited to mold and radon,

by an inspector of its choice and at the Buyer’s expense. Inspection(s) should be concluded within _____ calendar days of acceptance

of this offer and written notice must be given to the Seller within that time period of any dissatisfaction with the inspection(s). If

square footage is a material matter to the Buyer, it must be verified to Buyer’s satisfaction during the inspections(s) period stated

above. Buyer ☐ Does ______ ______ (Buyer’s Initials) ☐ Does Not ______ ______ (Buyer’s Initials) desire to have a Property

Inspection(s). Failure to notify the Seller of any dissatisfaction within this time period shall constitute acceptance of the property in

as-is condition. Buyer’s mere submission of a written list of potential defects in the property does not constitute an election to

terminate this Agreement. If Seller is notified of defects, Seller shall have ______calendar days to either

a) repair or provide for repair to the satisfaction of the Buyer OR

b) declare its unwillingness to repair in writing to the Buyer’s Agent or Buyer if Buyer does not have an agent. If the Seller

declines to perform repairs the Buyers have the option to either

(i) declare this agreement null and void and the Buyer’s deposit returned, OR

(ii) complete the transaction as is. The Buyer must exercise either of the options in writing within ______ calendar

days after the Seller declares its intent in writing.

Buyer ☐ Does _______ ______ (Buyer’s Initials) ☐ Does Not ______ ______ (Buyer’s Initials) desire to have a Property Inspection(s).

17. FLOOD INSURANCE. Buyer may, at its expense, obtain a Flood Plain Certification within _____ days from the date of Seller’s

acceptance of this Agreement. If the Certification discloses that the property is in a Special Flood Hazard Area, Buyer may notify Seller, in writing,

within _____ days from the date of the Certification, that Buyer declares this Agreement null and void and the deposit shall be returned to Buyer.

Failure to notify Seller that the property is in a Special Flood Hazard Area within this time period shall constitute a waiver of Buyer’s right to terminate

the Agreement under this paragraph and Buyer agrees to obtain a policy of flood insurance if required by mortgage lender.

18. RISK OF LOSS. Seller is responsible for any damage to the property, except for normal wear and tear, from the date of the offer

until the closing. If there is damage, Buyer has the option to cancel this Offer to Purchase and the deposit shall be immediately

refunded to Buyer or Buyer can proceed with the closing and either require that Seller repair the damage before the closing or deduct

from the purchase price a fair and reasonable estimate of the cost to repair the property and assume the responsibility for the repair,

thereby releasing Seller.

19. ENVIRONMENTAL. Seller represents, to the best of Seller’s knowledge, that the property is free from and does not contain any

pollution, contamination or other environmental hazards other than any the Sellers disclosed on the Seller’s Disclosure Statement.

Buyer, in its sole discretion, reserves the right to withdraw from this Offer to Purchase and have the deposit returned if the property

is found to be environmentally unacceptable by the Buyer. The foregoing representation shall survive the closing of this transaction

irrespective of any investigation made by or on behalf of any party hereto.

20. SUCCESSORS. This Offer to Purchase binds Buyer, Seller, their personal representatives, beneficiaries and heirs, and anyone

succeeding to their interest in the property.

21. WALK-THROUGH INSPECTION. Seller agrees to keep the property in substantially the same condition as of the date of this

Agreement and agrees to maintain heating, sewer, plumbing and electrical systems and any built-in appliances and equipment in

normal working order, to keep the roof watertight and maintain the grounds. Seller further agrees to keep all utility services (electric,

gas, water) operating until date of possession, and to provide the Buyer with sufficient notification of occupancy date in order to

arrange a transfer of the services. Seller agrees to leave the premises “broom clean” upon vacating. Buyer shall have the right to a

walk-through inspection of the premises within twenty-four hours prior to closing in order to determine the property has been

maintained in the condition agreed. Seller is responsible for any damage to the property, except for normal wear and tear, from the

date of this offer until closing or vacating, whichever is later.

22. ARBITRATION. Any claim of Seller or Buyer arising out of this Agreement relating to the disposition of the earnest money deposit

or the physical condition of the property covered by this Agreement shall be arbitrated in accordance with the rules, and then in effect,

adopted by the arbitration tribunal approved by Michigan Association of Realtors®. This is a voluntary agreement between the Buyer

and Seller, and the failure to agree to arbitrate does not affect the validity of this Agreement. This Agreement is made subject to and

incorporates the provisions of Michigan law governing arbitrations. This provision shall survive closing. The parties acknowledge that

they understand that by agreeing to binding arbitration, they have given up their right to a day in court and that they understand the

arbitration process and that the award of the arbitrator is final and conclusive and not appealable except for limited due process

reasons as set forth in the Michigan laws and court rules. The parties do / do not (strike one) wish to agree to arbitrate future disputes.

23. ENTIRE AGREEMENT. This Offer to Purchase supersedes any and all understandings and agreements and constitutes the entire

agreement between the parties and no oral representations or statements shall be considered a part hereof.

24. NOTICE OF AGENCY, IF APPLICABLE. Seller and Buyer acknowledge that they have received the form Disclosure Regarding Real

Estate Agency Relationships explaining the different types of agency relationships. The following agency relationship(s) is/are hereby

confirmed for this transaction:

_________________________________________

Selling Agent (Broker) is acting as an agent of the:

☐ Buyer ☐ Seller ☐ Dual ☐ Non-Agent


25. OTHER CONDITIONS:

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________

By the execution of this Agreement, the Buyer acknowledges receipt of a copy of this Offer to Purchase.

IN THE PRESENCE OF:

____________________________________________ _____________________________________________

Witness Buyer

____________________________________________ _____________________________________________

Witness Buyer

Dated: _________________ Address: ______________________________________

______________________________________________

BROKER’S ACKNOWLEDGMENT OF DEPOSIT

Received from the above named Buyer the deposit money above mentioned, which will be applied as indicated in paragraph 4.

____________________________________________ _______________________________________________

Broker By

ACCEPTANCE: By affixing Seller(s) signature(s) hereto, Seller(s) accepts this Offer to Purchase and acknowledges receipt of a

copy hereof. Seller further agrees that If Purchaser has elected to use a licensed real estate Broker/Agent, Seller agrees to

pay said Broker/Agent for services rendered a commission of _______ % of the sale price stated above.

IN THE PRESENCE OF:

____________________________________________ _____________________________________________

Witness Seller

____________________________________________ _____________________________________________

Witness Seller

Dated: _________________ Address: ______________________________________

______________________________________________

The undersigned Buyer hereby acknowledges receipt of a copy of the Seller’s acceptance of the foregoing Offer to Purchase.

Dated: _______________

____________________________________________ _____________________________________________

Buyer Buyer

SELLER’S DISCLOSURE STATEMENT

Property Address:_____________________________________________________________________________

Purpose of Statement: This statement is a disclosure of the Condition of the property in compliance with the Seller

Disclosure Act. This statement is a disclosure of the condition and information concerning the property, known by

Seller. Unless otherwise advised, the Seller does not possess any expertise in construction, architecture, engineering

or any other specific area related to the construction or condition of the improvements on the property or the land.

Also, unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the

foundation or roof. This statement is not a warranty of any kind by the Seller or by any Agent representing the Seller

in this transaction and is not a substitute for any inspections or warranties the Buyer may wish to obtain.

Seller’s Disclosure: The Seller discloses the following information with the knowledge that even though this is not a

warranty, the Seller specifically makes the following representations based on the Seller’s knowledge at the signing

of this document.

Instructions to the Seller:

1) Answer ALL questions.

2) Report known conditions affecting the property.

3) Attached additional pages with your signature if additional space is required.

4) Complete this form yourself.

5) If some items do not apply to your property, check NOT available. If you do not know the facts, check

unknown.

FAILURE TO PROVIDE A PURCHASER WITH A SIGNED DISCLOSURE STATEMENT WILL

ENABLE PURCHASER TO TERMINATE AN OTHERWISE BINDING PURCHASE AGREEMENT.

Appliances/Systems/Services: The items below are in working order. (The items listed below are included in the sale

of the property only if the purchase agreement so provides):

Yes No Unknown N/A Yes No Unknown N/A

Range/Oven Sauna/Hot Tub

Dishwasher Lawn Sprinkler

System

Refrigerator Plumbing System

Hood/Fan Water

Softener/Conditioner

Disposal Well & Pump

Electrical System Septic Tank & Drain

Field

Garage Door

Opener & Remote

Control

Sump Pump

Alarm System City Water System

Intercom Central Air

Conditioning

Central Vacuum Central Heating

System

Attic Fan Wall Furnace

Pool Heater, Wall

Liner & Equipment Humidifier

Microwave Electric Air Filter

Trash Compactor Solar Heating System

Ceiling Fans Fireplace & Chimney

Washer Wood Burning Stove

Dryer

Explanations (attach additional sheets, if necessary: ___________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Unless otherwise agreed, all household appliances are sold in working order except as noted, without warranty

beyond date of closing.

SELLER’S DISCLOSURE STATEMENT (Continued)

Property conditions, improvements & additional information:

1. Basement/Crawlspace: Has there been evidence of water?

If yes, please explain:

_____________________________________________________________________

2. Insulation: Describe, if known: ________________________________________

Urea Formaldehyde foam insulation (UFFI) is installed?

3. Roof: Leaks?

Approximate age if known: ______________________________________________

4. Well: Type of well (depth/diameter), age and repair history, if known: __________

_____________________________________________________________________

Has the water been tested?

If yes, date of last report/results: __________________________________________

5. Septic tanks/drain fields: Condition, if known: ____________________________

6. Heating System: Type/Approximate Age: ________________________________

7. Plumbing System: Type [ ] copper [ ] galvanized [ ] other__________

Any known problems?

If yes, please explain: ___________________________________________________

8. Electrical System: Any known problems?


9. History of infestation, if any: (Termites, Carpenter ants, etc.)


10. Environmental Problems: Are you aware of any substances, materials or

products that may be an environmental hazard such as, but not limited to, asbestos,

radon gas, formaldehyde, lead-based paint, fuel or chemical storage tanks and

contaminated soil on the property.

If yes please explain: ___________________________________________________

_____________________________________________________________________

_____________________________________________________________________

11. Flood Insurance: Do you have flood insurance on the property?

12. Mineral Rights: Do you own the mineral rights?

Other Items: Are you aware of any of the following? If yes, please explain:

1. Features of the property shared in common with adjoining landowners, such

as walls, fences, roads, driveways or other features whose use or responsibility

for maintenance may have an effect on the property?

2. Any Encroachments, easements, zoning violations or nonconforming uses?

3. Any “common areas” (Facilities like pools, tennis courts, walkways or other

areas co-owned with others) or a homeowner’s association which has any

authority over the property?

4. Structural Modification, alterations or repairs made without necessary permits

or licensed contractors?

5. Settling, flooding, drainage, structural or grading problems?

6. Major Damage to the property from Fire, wind, floods or landslides?

7. Any underground Storage tanks?

8. Farm or farm operation in the vicinity; or proximity to a landfill, airport,

shooting range, etc.?

9. Any outstanding utility assessments for fees, including any natural gas

main extension surcharge?

10. Any Outstanding municipal assessments or fees? [ ] unknown [ ] yes [ ] No

11. Any pending litigation that could affect the property or the Seller’s right to

convey the property?

[ ] Yes [ ] No [ ] Unknown





















SELLER’S DISCLOSURE STATEMENT (Continued)

The seller has lived in the residence on the property from_____________(date) to_____________(date). The seller

has owned the property since _______________(date). The seller has indicated above the condition of all items based

on that information known to the seller. If any changes occur in the structural/mechanical/appliance systems of this

property from the date of this form to the date of closing, seller will immediately disclose the changes to the buyer. In

no event shall the parties hold any Broker or Broker’s Agent liable for any representations not directly made by the

Broker or Broker’s Agent. Sellers certify that the information in this statement is true and correct to the best of the

Seller’s knowledge as of the date of Seller’s signature.

BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO

MORE FULLY DETERMINE THE CONDITION OF THE PROPERTY.

Buyer is advised that certain information compiled pursuant to the sex offender’s registration act, 1994 PA

295, MCL 28.721 to 28.732 is available to the public. Buyers seeking such information should contact the

appropriate local law enforcement agency or Sherriff’s Department directly.

Buyer is also advised that the state equalized value of the property, homestead exemption information and

other real property tax information is available from the appropriate local assessor’s office. Buyer should not

assume that buyer’s future tax bills on the property will be the same as the seller’s present tax bills. Under

Michigan Law, real property tax obligations can change significantly when property is transferred.

Seller: ____________________________________________________ Date ______________

Seller: ____________________________________________________ Date ______________

Buyer has read and acknowledges receipt of this statement.

Buyer: ___________________________________________________ Date _______________

Buyer: ___________________________________________________ Date _______________

Disclaimer: This form is provided as a service of the Michigan Association of Realtors. Please review both the form

and details of the particular transaction to ensure that each section is appropriate for the transaction. The Michigan

Association of Realtors is not responsible for use or misuse of the form for misrepresentation or for warranties made

in connection with the form.

LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS

DISCLOSURE OF INFORMATION FOR RESIDENTIAL SALES.

PROPERTY ADDRESS: _______________________________________________________________________

PURPOSE OF THIS STATEMENT:

The information provided in this statement is required to be provided by all sellers of residential housing. This

statement is required by the Residential Lead-Based Hazard Reduction Act of 1992 (42 U.S.C. 4852d).

LEAD WARNING STATEMENT:

Every purchaser of any interest in residential real estate on which a residential dwelling was built prior to 1978 is

notified that such property may present exposure to lead for lead-based paint that may place young children at risk of

developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including

learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also

poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide

the purchaser with any information on lead-based paint hazards from risk assessments or inspections in the seller’s

possession and notify the purchaser of any known lead-based paint hazards. A risk assessment or inspection for

possible lead-based paint hazards is recommended prior to purchase.

SELLER’S DISCLOSURE

1. The residence at the property address set forth above was constructed before 1978:

Yes ______ No ______ Unknown ______

(Seller must initial one)

If “No” is initialed, omit 2, and 3. Below, otherwise, seller must complete the rest of this disclosure and sign below.

2. Presence of lead-based paint and/or lead-based paint hazards (check (a) or (b) below):

a. ☐ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

b. ☐ Seller has no knowledge of lead-based paint and/or lead-based paint hazards are in the housing.

3. Records and reports available to the seller (check (a) or (b) below):

a. ☐ Seller has provided the purchaser with all available records and reports pertaining to lead-based

paint and/or lead-based paint hazards in the housing (List documents below).

b. ☐ Seller has no records and reports pertaining to the lead-based paint and/or lead-based paint

hazards in the housing.

Seller certifies that to the best of his/her knowledge, the seller’s statement above are true and accurate.

Date: _______________________ Seller(s) ______________________________________________

______________________________________________

PRUCHASER’S ACKNOWLEDGEMENT

1. Purchaser has received copies of all information listed above.

2. Purchaser has received the federally approved pamphlet Protect Your Family From Lead in Your Home.

3. Purchaser has (checked (a) or (b) below):

a. Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or

inspection for the presence of lead-based paint and/or lead-based paint hazards;

b. Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based

paint and/or lead based paint hazards.

4. Purchaser has received a fully executed copy of this Disclosure.

5. If seller has initialed “No” in 1, only 4 of this section applies to Purchaser(s)

Date: _______________________ Purchaser(s) ___________________________________________

___________________________________________



Suite 215

Troy, MI 48084

844-558-4853 (phone & fax)

Payoff Request and Authorization Form

Lender:

Loan Number:

Borrower:

Subject Property:

To Whom It May Concern:

This is your authorization to forward a payoff letter to:

Maximus Title Agency, LLC, Attn: Escrow Department

FAX: 844.558.4853

Payoff figures should be good through: _______________________

I/We request and authorize you to release any and all information to Maximus Title Agency,

LLC.

Date: ____/____/________

Borrower Borrower

__________________________________ __________________________________ printed name printed name

__________________________________ __________________________________ signature signature



Suite 215

Troy, MI 48084

844-558-4853 (phone & fax)

EARNEST MONEY DEPOSIT ESCROW AGREEMENT WHEREAS, Buyer and Seller desire that the Earnest Money Deposit (“Deposit”) referred to in the attached Purchase

Agreement (“Contract”) be held in Escrow with Maximus Title Agency, LLC (“Escrow Agent”) under the following

terms and conditions:

1. Escrow Agent is authorized and directed to place the Deposit in a non-interest bearing account.

2. Escrow Agent is authorized to release the Deposit according to one of the following:

a) To Seller, upon receipt of a closing statement and copy of conveyance satisfactorily executed by Seller and

Purchase in consummation of the Contract.

b) In accordance with any written instructions signed by Buyer and Seller and said instructions shall indicate

the payee, method of delivery and amount.

c) To Buyer, upon receipt of proof that Seller was properly notified that Buyer elected to terminate the Contract

within the timeframe allotted without penalty, as defined in said Contract.

3. In the event of a dispute as to the disposition of the Deposit, Escrow Agent may elect to follow one of the following

courses of action at its sole discretion:

a) Escrow Agent may file an interpleader cause of action as provided by law. Buyer and Seller by signing this

agreement, agree they are estopped to deny the existence of an actual dispute and agree to interplead if Escrow

Agent elects, in its discretion, to interplead. Upon depositing the Deposit with the Court, Escrow Agent shall

be released from any further liability concerning said Deposit. Buyer and Seller agree that should an

interpleader be filed, Escrow Agent may charge the Deposit for attorney fees and costs of suit.

b) Escrow Agent in its sole discretion may elect to hold Deposit pending receipt of either:

i. Written instructions signed by the Buyer and Seller, which shall direct and authorize the disposition

of the Deposit.

ii. An Order of a Court of competent jurisdiction which constitutes a final determination as to the

disposition of the Deposit.

4. Upon making such delivery and performance of any other services included above, Escrow Agent will thereupon

be released and acquitted from any further liability concerning the deposit, it being understood and agreed such

liability in any event is limited by the terms and conditions set forth herein. By acceptance of this agreement,

Escrow Agent in no way assumes responsibility for the validity or authenticity of the subject matter of the deposit.

5. In the event that Escrow Agent’s duties conflict with any provision of the purchase agreement, this escrow

agreement shall control.

6. In the event of litigation affecting Escrow Agent’s duties relating to this deposit, Buyer and Seller agree to

reimburse Escrow Agent for any reasonable expense, including attorney fees.

7. If Deposit is received from a party other than the Buyer (“Depositor”), the following shall apply:

a. Deposit shall be applied as if received from Buyer.

b. Depositor shall have no rights, claims or interest in Deposit.

c. Depositor shall not be entitled to any refund of Deposit due Buyer unless Escrow Agent is provided with

written instructions from Buyer, directing funds to Depositor.

Date: ____/____/________

Buyer

___________________________________ ___________________________________ (signature) (signature)

___________________________________ ___________________________________ (printed name) (printed name)

Seller

___________________________________ ___________________________________ (signature) (signature)

___________________________________ ___________________________________ (printed name) (printed name)

Depositor (if other than Buyer)

___________________________________

Maximus Title Agency, LLC

______________________________

By:

FOR SALE BY OWNER - Max Title · Buyer will pay the sale price in cash or certified check,...

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Transcript of FOR SALE BY OWNER - Max Title · Buyer will pay the sale price in cash or certified check,...