151x Filetype PDF File size 0.27 MB Source: maisonresidences.com
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS REFERENCE SHOULD BE MADE TO THIS PURCHASE AGREEMENT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. The Unit, as hereinafter defined, that is the subject of this Agreement has never been occupied. PURCHASE AGREEMENT (referred to herein as, “Agreement”, “Contract” or “Purchase Agreement”) In this Agreement the words, I, ME, MY, MINE, Purchaser or Buyer mean the purchaser(s): Name: ________________________________________________________________________ Address: ______________________________________________________________________ City: ________________ State:________ Zip: __________ Telephone (Home) ______________________ (Business) ___________________________ E-Mail _______________________________ Fax _______________________________ and the words YOU, YOUR, SELLER and DEVELOPER mean MAISON RESIDENCES, LLC, a Florida limited liability company, with address at: 277 Royal Poinciana Way, #156 Palm Beach, Florida 33480 Telephone: (561) 833-5500 Fax: (561) 832-4737 E-Mail: george@heatoncompanies.com ANY PAYMENT IN EXCESS OF 10% OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY DEVELOPER. 1 WE and OUR mean all parties to this Agreement. This Agreement spells out my rights and obligations in the sale by you and purchase by me of: Condominium Unit ____ (“Unit”), in MAISON RESIDENCES, a CONDOMINIUM (“Condominium”). The Unit and Condominium are described in greater detail in the proposed Declaration establishing the Condominium. A copy of the Declaration is included in the Offering Circular I have received (“Offering Circular”). I agree to buy and you agree to sell me this Unit upon the following terms and conditions: Deposit (The Deposit is payable as set forth below in the amounts as follows): Deposit of 20% of purchase price: $__________ Wire transfer or cashier’s check payable to Developer delivered to Broker or Escrow Agent Due on execution date of this Agreement Additional Cash Deposit of 10% of purchase price $__________ Due upon Purchaser and Escrow Agent’s receipt of Developer’s affidavit stating foundations are poured Additional Cash Deposit of 20% of purchase price $__________ Due upon Purchaser and Escrow Agent’s receipt of Developer’s affidavit stating roof is completed on the building containing the subject unit Mortgage (if any): $_______________ Balance $_______________ At Closing:* Purchase Price: $_______________ * See Paragraph 11, entitled “Closing Costs”, for additional cash requirements. The “Deposit” shall be paid as follows: (a) Upon execution of this Agreement, I will deliver to Broker, as defined in paragraph 20, or to Escrow Agent, as defined below, cash by wire transfer or cashier’s check in the amount of 20% of the Purchase Price to be held by Escrow Agent, as hereinafter defined. The deposit of 10% of the Purchase Price shall be due and payable to Seller upon closing the sale of the unit. The deposit of 10% of the Purchase Price may be released and used by Seller, the Developer, prior to closing for construction purposes in Developer’s sole discretion 2 (b) Upon Purchaser and Escrow Agent’s receipt of Developer’s affidavit stating foundations are poured, I shall deliver an additional Deposit in the amount of 10% of the Purchase Price to Escrow Agent which can be used by Developer prior to closing for construction purposes in Developer’s sole discretion. (c) Upon Purchaser and Escrow Agent’s receipt of Developer’s affidavit stating that the roof has been completed on the building containing the subject unit, I shall deliver an additional Deposit in the amount of 20% of the Purchase Price to Escrow Agent which can be used by Developer prior to closing for construction purposes in Developer’s sole discretion. Cash Deposits shall be made by cashiers’ check or wire transfer of immediately available Federal funds. The balance payable at closing must be paid by wire transfer of immediately available Federal funds. Deposits up to 10% of the purchase price made pursuant to this Agreement shall, prior to the closing of title, be held in a non-interest bearing account with Coral Reef Title Company with address at 85999 Overseas Highway, Islamorada FL 33036, Phone: (305) 664-9200, Fax: (305) 664-8535 Escrow Agent, pursuant to the provision of Florida Statutes 718.202, for which I may get a receipt upon request. Developer and Escrow Agent have entered into an Escrow Agreement which has been provided to Buyer and the terms of that Agreement are incorporated into this Purchase Agreement. At Closing, as hereinafter defined, and except as provided below, the Deposit will be released to Seller. Except where expressly provided herein to the contrary or otherwise required by law, all interest, if any, earned on my Deposit shall accrue solely to the benefit of Seller, and shall not be credited against the Purchase Price of the Unit. Except as set forth herein, the Deposit shall not be released from escrow until Closing or, if there is a termination of this Agreement prior to Closing, the Deposit, and any interest earned thereon, shall be paid to the party or parties entitled to receive such sums as may be prescribed in Paragraph 14, entitled “Default”. I acknowledge and agree that any Deposit that I make in excess of 10% of the Purchase Price prior to Closing shall be held by Escrow Agent in a separate bank account from the 10% deposit and shall be known as the “Excess 10% Account. My deposits in this account may be released prior to closing and used by the Developer for construction purposes in Developer’s sole discretion. NOTICE. For purposes of the following paragraph, I acknowledge that Seller shall be deemed "Contractor" as set forth below: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS OR MATERIAL SUPPLIERS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR 3 CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS AGREEMENT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER". FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. NOTICE. STATE LAW REQUIRES THE FOLLOWING STATEMENT BE DISCLOSED TO PURCHASERS OF RESIDENTIAL HOMES: THE BUYER OF A ONE-FAMILY OR TWO- FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10% OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER. 1. ITEMS INCLUDED IN PURCHASE PRICE: The purchase price of my Unit includes two parking spaces as Limited Common Elements appurtenant to this Unit. 2. MORTGAGE ARRANGEMENTS: I will make my own mortgage arrangements if I decide to finance part of the purchase price. I realize that monthly payments to the lending institution may include taxes, insurance and other items in addition to principal and interest, and that I will be responsible for all costs charged or incurred by lender. I expect to pay the rate of interest prevailing at the time of closing. If I ask, you may suggest local lenders familiar with the project but it will be up to me to choose my lender, make the application, and execute the documents necessary to complete processing the mortgage loan. Notwithstanding the foregoing and the notation of a mortgage amount set forth in the terms and conditions above, I understand and agree that I am obligated to pay “all cash” at closing. This Purchase Agreement and my obligations under this Purchase Agreement to purchase the Unit will not depend on whether or not I qualify for or obtain financing from any lender. I will be solely responsible for making my own financial arrangements. Seller agrees however, at no cost or expense to Seller, to cooperate with any lender I choose and to coordinate closing with such lender, if, but only if, such lender meets Seller’s closing schedule and pays Seller the proceeds of its financing at Closing. Notwithstanding any cooperation provided by Seller, nothing herein shall be deemed to qualify or otherwise condition my obligation to close “all cash” on the purchase of the Unit. 3. CONSTRUCTION SCHEDULE: I am fully aware that the Unit I am buying may not be ready for occupancy until completion of the building containing that Unit which may be as long as 24 months. Section 718.504(4), Florida Statutes, requires you to fix the date of substantial completion of the Unit covered by this Agreement and of the common elements of the 4
no reviews yet
Please Login to review.