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picture1_Agreement Contract Sample 157152 | 35 Maison Residences Purchase Agreement 5 16 17


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File: Agreement Contract Sample 157152 | 35 Maison Residences Purchase Agreement 5 16 17
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 ...

icon picture PDF Filetype PDF | Posted on 18 Jan 2023 | 2 years ago
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              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 
        
The words contained in this file might help you see if this file matches what you are looking for:

...Oral representations cannot be relied upon as correctly stating the of developer for correct reference should made to this purchase agreement and documents required by section florida statutes furnished a buyer or lessee unit hereinafter defined that is subject has never been occupied referred herein contract in words i me my mine purchaser mean s name address city state zip telephone home business e mail fax you your seller maison residences llc limited liability company with at royal poinciana way palm beach george heatoncompanies com any payment excess price prior closing pursuant may used construction purposes we our all parties spells out rights obligations sale condominium are described greater detail proposed declaration establishing copy included offering circular have received agree buy sell following terms conditions deposit payable set forth below amounts follows wire transfer cashier check delivered broker escrow agent due on execution date additional cash receipt affidavit...

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