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The Connecticut Real Estate Purchase and Sales Agreement serves as a crucial document in the real estate transaction process, encapsulating the essential terms and conditions under which a property is bought and sold. This legally binding agreement outlines the obligations of both the seller and the buyer, ensuring that all parties are on the same page regarding the transaction. Key components of the form include the identification of the parties involved, detailed descriptions of the property being sold, and the purchase price, which is broken down into various deposits and payment methods. Additionally, the agreement addresses important contingencies, such as financing and property inspections, safeguarding the interests of both the buyer and seller. Provisions for the maintenance of the property, the transfer of title, and adjustments for taxes and other fees are also included, ensuring a comprehensive framework for the transaction. It is vital for both parties to understand that while most terms are negotiable, they should consult legal counsel if they have any concerns about the applicability of the form to their specific situation. This document not only facilitates the sale but also protects the rights and responsibilities of everyone involved, making it an indispensable part of real estate dealings in Connecticut.

File Information

Fact Name Details
Binding Agreement This form is a legal and binding agreement for the purchase and sale of property in Connecticut.
Seller and Buyer Information The form requires detailed information about both the seller and buyer, including names and addresses.
Included Items All items permanently attached to the property at the time of signing are included in the sale price.
Financing Contingency The buyer's obligation to purchase is contingent upon obtaining financing as specified in the agreement.
Inspection Contingency Buyers can conduct inspections and have the right to terminate the agreement based on inspection results.
Lead-Based Paint Disclosure If the property was built before 1978, buyers must be allowed to inspect for lead-based paint hazards.
Marketable Title The seller must convey marketable title, as defined by the Connecticut Bar Association's standards.
Governing Law This agreement is governed by Connecticut General Statutes, including Sections 20-324k and Title 46a, Chapter 814c.

Connecticut Real Estate Sample

REAL ESTATE

PU RCH ASE A N D SALES AGREEM EN T

NOTICE: This is a legal and binding Agreement for the purchase and sale of property. It is appropriate for most BUT NOT ALL such transactions. If this Form does not appear to either Buyer or Seller to be appropriate for a particular transaction you are urged to discuss the purchase or sale with an attorney BEFORE YOU SIGN. Most, but not all, provisions of this Agreement are subject to negotiation prior to execution.

1.THIS Agreement to buy and sell real property is made between:

SELLER: ___________________________________________________________________________________________________

(Names of Sellers) hereinafter called Seller

ADDRESS: __________________________________________________________________________________________________

(Address of Sellers)Town/CityStateZip

BUYER: ____________________________________________________________________________________________________

(Names of Buyers) hereinafter called Buyer

ADDRESS: __________________________________________________________________________________________________

(Address of Buyers)

Town/City

State

Zip

Seller agrees to sell and Buyer agrees to buy for the purchase price and upon the terms and conditions stated herein the real property with all buildings and other improvements thereon and all appurtenances thereto, in the same condition as they were on the date of Buyer’s signature, reasonable wear and tear excepted.

2.REAL PROPERTY TO BE PURCHASED:

a)Street Address _____________________________________________________________________________________________

b)City/Town __________________________________________________________ Connecticut, Zip _________________________

c)Described as: ______________________________________________________________________________________________

3.INCLUDED IN SALE PRICE: The Real Property shall include all items permanently attached to the property on the date Buyer signed this Agreement. Included in this sale as part of the Real Property are the buildings, structures and improvements now thereon, and the fixtures belonging to the Seller and used in connection therewith, including, if any, all blinds, window shades, screens, doors, door and window hardware, wood and gas stoves, storm windows, landscaping, awnings, shutters, electrical and lighting fixtures, door mirrors, pumps, mailboxes, plumbing fixtures, cabinetry, door and cabinet hardware, pool houses and other outbuildings, mantles, flagpoles, alarm system and codes, swimming pool and swimming pool pumps and equipment (if any), garbage disposal, automatic garage openers, central air conditioning equipment, and built-in dishwashers (Cross out and initial any items in this paragraph present on the Real Property but not included in the sale.)

ADDITIONAL PERSONAL PROPERTY, if any, to be included:

_________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

4. PURCHASE PRICE $ __________________, payable as follows:

 

a) By initial Deposit submitted herewith receipt of which is hereby acknowledged……………

$_____________________

b) By additional Deposit due upon Seller’s Acceptance: ……………………………………

$_____________________

c) By Proceeds of: Financing as specified in paragraph 6 below………………………………

$_____________________

d) By ___________________________________________________________

$_____________________

e) Balance to be paid by certified check or bank check at Closing…………………………..…

$_____________________

TOTAL PRICE TO BE PAID (Must equal “Purchase Price”)…………………

0

$_____________________

Buyer: __________

Seller: _____________

BUYER AND SELLER MUST INITIAL EACH PAGE

Page 1 of __________

COPYRIGHT 2012 GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC. – ALL RIGHTS RESERVED.

 

THIS FORM WAS REVIEWED BY LEGAL COUNSEL OF THE GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC.

REVISED 5/23/2012

5.DEPOSITS: The Deposit(s) specified above shall be made at the stated times. All Deposits shall be made by check, payable to the Listing Broker and shall be deposited as required under Connecticut General Statutes Section 20-324k. All checks are subject to collection and failure of collection shall constitute a default. Except at time of closing, when the Deposit shall be delivered to Seller or Seller’s designee, the Listing Broker shall not pay the Deposit to anyone without the written consent of all parties to this Agreement subject to Connecticut General Statutes Section 20-324k(d). In the event any Deposit funds payable pursuant to this Agreement are not paid by Buyer, Seller may give written notice of such failure to Buyer. If such notice is given and a period of 3 (three) days pass without Buyer paying the Deposit owed, Seller may declare Buyer in default and shall have the remedies set forth in Paragraph 14.

6.FINANCING CONTINGENCY:

a) Amount $_______________

b) Maximum Initial Interest Rate __________%

 

c) Term: ____________ years

d) Commitment Date: _________________________

 

e) Type: Conventional Fixed

Variable

FHA

VA

CHFA

Other___________________________

Buyer’s obligation is contingent upon Buyer obtaining financing as specified in this paragraph. Buyer agrees to apply for such financing immediately and diligently pursues a written mortgage commitment on or before the Commitment Date.

f)If Buyer is unable to obtain a written commitment and notifies Seller in writing by 5:00 PM on or before said Commitment Date, this Agreement shall be null and void and any Deposits shall be immediately returned to Buyer. Otherwise, the Financing Contingency shall be deemed satisfied and this Agreement shall continue in full force and effect.

7.CONDITION OF PREMISES: Buyer represents that Buyer has examined the Real Property and is satisfied with the physical condition subject to the Inspection Contingency if applicable. Neither Seller nor any representative of the Seller or Buyer has made any representation or promise other than those expressly stated herein which Buyer has relied upon in making this Agreement.

8.INSPECTION CONTINGENCY: Broker Recommends

(a)Inspections shall be completed and results reported to Seller on or before 5:00 P.M. on: _________________________.

(b)Seller agrees to permit Buyer’s designees to inspect the Real Property during the period from Seller’s acceptance until the date set forth in (a) above. If Buyer is not satisfied with the physical condition of the Real Property and so notifies Seller in writing prior to the time and date specified in (a) above, then Buyer may, at Buyer’s option, terminate this Agreement. Buyer may give Seller the option to correct the conditions that are unsatisfactory to the Buyer. Should Buyer elect to terminate this Agreement or Seller is unwilling to correct any unsatisfactory conditions, the Buyer shall notify Seller on or before 5:00 P.M. on: ________________________ of Buyer’s election to terminate this Agreement, and if Terminated this Agreement shall be null and void and any Deposit monies paid hereunder shall be returned immediately to Buyer and neither Buyer nor Seller shall have any claims against each other under the terms of this Agreement. If Buyer fails to notify Seller as provided herein, this contingency shall be deemed satisfied and this Agreement shall continue in full force and effect.

(c)If initialed below, Buyer does NOT choose to have any inspections performed and WAIVES any rights to object to any defects in the Real Property that would have been disclosed by a full and complete inspection.

Initials __________

9.LEAD-BASED PAINT. If the Property is “target housing” under federal law (meaning, with some exceptions, housing built before 1978), Seller must permit Buyer, at Buyer’s expense, a 10-day period to conduct a risk assessment or inspection of the Real Property for the presence of lead-based paint and/or lead-based paint hazards before Buyer is obligated under this Agreement. Buyer may waive this right of inspection. Buyer to provide Seller or Sellers’ attorney with written notice of the presence of defective lead-based paint or lead-based paint hazards along with a copy of the inspection and/or risk assessment within ________ days (insert “ten” or a mutually agreed number of days) of the date of acceptance of this Agreement. If such notice is given and Seller and Buyer cannot reach a mutually satisfactory agreement within seven (7) days of said notice regarding the defective lead-based paint or lead-based paint hazards, either party shall have the option of terminating this Agreement and this Agreement shall be null and void.

__________ (Initial) Buyers waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint

and/or lead-based paint hazards.

Buyer: __________

Seller: _____________

BUYER AND SELLER MUST INITIAL EACH PAGE

Page 2 of __________

COPYRIGHT 2012 GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC. – ALL RIGHTS RESERVED.

 

THIS FORM WAS REVIEWED BY LEGAL COUNSEL OF THE GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC.

REVISED 5/23/2012

10.PROPERTY MAINTENANCE, OCCUPANCY, POSSESSION:

(a) PROPERTY MAINTENANCE.

Seller agrees to maintain Real Property with all buildings, landscaping and other improvements thereon, all appurtenances thereto, and any personal property included in the sale in the same condition, reasonable wear and tear excepted, as it was on the date of this Agreement.

(b) OCCUPANCY, POSSESSION: CLOSING DATE: _________________________

Unless otherwise stated herein, Buyer shall receive exclusive possession and occupancy with keys on Closing Date. The Real Property shall be maintained by Seller until time of Closing and shall be transferred in broom clean condition, free of debris. Buyer shall have the right to a walk through inspection of the Property within 48 hours prior to the Closing Date. Closing shall be held at an office to be determined by Buyer’s attorney in the county where the Real Property is located or at such place as designated by Buyer’s mortgage lender.

11.WARRANTY DEED: Seller agrees to convey fee simple title of the Real Property to Buyer by a good and sufficient Warranty Deed subject only to any and all provisions of any ordinance, municipal regulation, public or private law, restrictions and easements as appear of record, if any, provided they do not affect marketability of title, current real estate taxes, water and sewer charges, and current water and sewer assessment balance, if any; except in those cases where a fiduciary’s Deed or other form of court ordered deed may be required to pass title. Seller warrants that Seller has no notice of any outstanding violations from any town, city or State agency relating to the Real Property.

12.MARKETABLE TITLE: Title to be conveyed by Seller shall be marketable as determined by the Standards of Title of the Connecticut Bar Association now in force. Seller further agrees to execute such documents as may be reasonably required by Buyer’s title insurance company or by Buyer’s mortgage lender. Should Seller be unable to convey Marketable Title as defined herein, Buyer may accept such Title as Seller can convey or may reject the Unmarketable Title, receive back all Deposit money, and declare this Agreement null and void. Upon such rejection and repayment to Buyer of all sums paid on account hereof, this Agreement shall terminate and the Parties hereto shall be released from all further claims against each other.

13.ADJUSTMENTS: Real Estate Taxes will be adjusted as of the Closing Date by the Uniform Fiscal Year basis except in the Towns of Meriden or Wallingford where taxes will be adjusted by the Assessment Year Method. All other adjustments, including Association fees, fuel oil, water and sewer usage, interest on sewer or water assessments, utilities, rent, if any, and issues regarding funds at closing and unavailability of releases at closing and like matters shall be adjusted pro rata as of the Closing Date in accordance with the Residential Real Estate Closing Customs, New Haven County, as adopted by the New Haven County Bar Association, now in force. Rent security deposits, if any, shall be credited to Buyer by Seller on the Closing Date and shall include any interest accrued to the tenant.

14.BUYER’S DEFAULT: If Buyer fails to comply with any Terms of this Agreement by the time set forth for compliance and Seller is not in default, Seller shall be entitled to all initial and additional Deposit funds provided for in section 4, whether or not Buyer has paid the same, as liquidated damages and both parties shall be relieved of further liability under this Agreement. If legal action is brought to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees.

15.RISK OF LOSS, DAMAGE: All risk of loss or damage to said Real Property by fire, theft or other casualty until delivery of Deed shall be upon the Seller. In the event of loss or damage independently appraised at more than $10,000.00, Buyer shall have the option to receive any insurance payment on account of said damage and take Title, or rescind this Agreement and receive back all Deposit money paid. In such case, all rights and obligations of the parties under this Agreement shall terminate.

16.COMMON INTEREST COMMUNITY: If the property is a unit in a condominium or other common interest community, Seller will deliver the resale documents in accordance with Connecticut General Statutes Section 47-270.

17.LISTING BROKER___________________________________________________________ PH#_________________________

Dual Agent – If the Listing Agent is acting as a Dual Agent, a CONSENT FOR DUAL AGENCY FORM SHALL BE ATTACHED to this Agreement.

COOPERATING BROKER_______________________________________PH#__________________ Buyer Agent ฀ Sub Agent

Buyer: __________

Seller: _____________

BUYER AND SELLER MUST INITIAL EACH PAGE

Page 3 of __________

COPYRIGHT 2012 GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC. – ALL RIGHTS RESERVED.

 

THIS FORM WAS REVIEWED BY LEGAL COUNSEL OF THE GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC.

REVISED 5/23/2012

18.PROPERTY CONDITION REPORT: Seller and Buyer acknowledge that if a written residential property condition report is required by statute (CT Gen. Stat. 20-327b et seq.) and Seller has not provided Buyer with the required report, Seller will credit Buyer with the sum of $500.00 at closing.

19.EQUAL HOUSING RIGHTS: Buyer acknowledges the right to be shown any property within Buyer’s stated price range in any area specified by Buyer which is available to Agent for Showing. This Agreement is Subject to Connecticut General Statutes prohibiting discrimination in commercial and residential real estate transactions (Connecticut General Statutes Title 46a, Chapter 814c).

20.NO ASSIGNMENT, BINDING EFFECT: This Agreement may not be assigned by either party without the written consent of the other, but shall be binding upon the heirs, executors, administrators and successors of the parties hereto.

21.ADDENDUM: The following attached Addenda and/or Riders are part of this Agreement:

Seller’s Property Condition Disclosure

Agency Disclosure

Title X Lead Based Paint Hazards Disclosure

Dual Agency Consent

Multi-family Tenant Rider

Other____________________________________________________________________________________________________

22.ADDITIONAL TERMS AND CONDITIONS: _________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________

23.FAX TRANSMISSION/ELECTRONIC MAIL: The parties acknowledge that this Agreement and any addenda or modification

and/or any notices due hereunder may be transmitted between them by facsimile machine/electronic mail and the parties intend that a faxed document or an electronic mail document containing either the original and/or copies of the parties’ signatures shall be binding and of full effect.

24.COMPLETE AGREEMENT: This Agreement contains the entire agreement between Buyer and Seller concerning this transaction and supersedes any and all previous written or oral agreements concerning the Property. Any extensions or modifications of this Agreement shall be in writing signed by the parties.

25.NOTICE: Any notice required or permitted under the Terms of this Agreement by Buyer or Seller shall be in writing addressed to the Party concerned using the address stated in Paragraph 1 of this Agreement or to such party’s attorney or to the party’s Listing Broker or Cooperating Broker designated in paragraph 17.

26. APPLICABILITY: Buyer and Seller agree and understand that although this form has been made available by the Greater New Haven Association of REALTORS, Inc. the Association assumes no responsibility for its content in relation to the transaction between the parties and is not a party to this Agreement. This Agreement or parts of it may not be suitable for all transactions or conditions. The parties should determine its applicability.

27.BUYER AND SELLER acknowledges receipt of a copy of this Agreement upon their signing same.

28.TIME TO ACCEPT: Seller shall have until ________________________________________________________ to accept this

Agreement.

 

(Date & Eastern Standard Time)

 

29. SIGNATURES:

 

 

 

______________________________________________ | ___________

_____________________________________________ | _____________

Buyer’s Signature

Date

Seller’s Signature

Date

_____________________________________________________ | ____________

_____________________________________________________ | _______________

Buyer’s Signature

Date

Seller’s Signature

Date

_____________________________________________________ | ____________

_____________________________________________________ | _______________

Buyer’s Signature

Date

Seller’s Signature

Date

Buyer: __________

Seller: _____________

BUYER AND SELLER MUST INITIAL EACH PAGE

Page 4 of __________

COPYRIGHT 2012 GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC. – ALL RIGHTS RESERVED.

 

THIS FORM WAS REVIEWED BY LEGAL COUNSEL OF THE GREATER NEW HAVEN ASSOCIATION OF REALTORS, INC.

REVISED 5/23/2012

Common mistakes

Filling out the Connecticut Real Estate Purchase and Sales Agreement can be a complex task. Mistakes can lead to misunderstandings or even legal issues. Here are eight common errors to avoid when completing this important document.

One frequent mistake is failing to include complete names and addresses for both the buyer and seller. It is essential to provide full legal names and accurate addresses to ensure that all parties are clearly identified. Missing or incorrect information can lead to complications down the line.

Another error involves not specifying the correct property details. Buyers and sellers must accurately fill in the street address, city or town, and zip code. Omitting any of these details can create confusion about which property is being sold or purchased.

Many people neglect to initial each page of the agreement. This step is crucial as it indicates that both parties have reviewed and agreed to the terms on every page. Failing to do so could lead to disputes over what was agreed upon.

Another common oversight is inaccurate calculations of the purchase price. The total price must equal the sum of all deposits and financing outlined in the agreement. If these amounts do not match, it can create significant issues during the closing process.

Buyers sometimes overlook the financing contingency. It's critical to specify the type of financing and the commitment date. Without this information, buyers may find themselves unable to secure the necessary funds, jeopardizing the entire transaction.

Additionally, ignoring the inspection contingency can be a costly mistake. Buyers should ensure they understand their rights regarding property inspections and the timeline for notifying the seller about any issues. Failure to act within the specified timeframe can result in losing the right to terminate the agreement based on inspection results.

Buyers and sellers may also forget to address the lead-based paint disclosure if the property is considered "target housing." This step is vital to comply with federal regulations and to protect both parties from potential liabilities related to lead hazards.

Lastly, failing to include any necessary addenda or riders can lead to incomplete agreements. If there are specific conditions or disclosures that need to be attached, not doing so can create legal complications later. Always ensure that all relevant documents are included and signed.

Key takeaways

When filling out and using the Connecticut Real Estate form, it's essential to keep several key points in mind to ensure a smooth transaction.

  • Consult an Attorney: This form is legally binding. If it doesn’t seem appropriate for your situation, it’s wise to seek legal advice before signing.
  • Understand the Purchase Price: Make sure the total price matches the sum of all deposits and financing options outlined in the agreement.
  • Inspection Contingency: Buyers have the right to inspect the property. If issues arise, they can terminate the agreement or request repairs.
  • Deposits are Crucial: All deposits must be made on time. Failure to do so could lead to default and potential loss of your deposit.
  • Marketable Title: The seller must provide a clear title to the property. If they cannot, the buyer has options to either accept it or withdraw from the agreement.

Being aware of these takeaways can help buyers and sellers navigate the process more effectively.

Similar forms

The Connecticut Real Estate Purchase and Sales Agreement shares similarities with the Residential Purchase Agreement commonly used in many states. Both documents serve as binding contracts between buyers and sellers for the sale of real estate. They outline essential details such as the purchase price, the property description, and the terms of payment. Both agreements also include contingencies, such as financing and inspections, to protect the interests of both parties. These similarities ensure that the rights and responsibilities of buyers and sellers are clearly defined, promoting a smoother transaction process.

Another comparable document is the Offer to Purchase Agreement. This agreement is often the initial step in the home buying process, where a buyer formally expresses their intent to purchase a property. Like the Connecticut form, it details the terms of the sale, including the price and any conditions that must be met before the sale can proceed. Both documents require signatures from both parties, making them legally binding. They also emphasize the importance of clear communication regarding expectations and obligations throughout the transaction.

The Lease Agreement is another document that bears resemblance to the Connecticut Real Estate form. While primarily used for rental situations, it similarly outlines the terms and conditions governing the use of a property. Both agreements specify the responsibilities of the landlord or seller and the tenant or buyer, including maintenance obligations and payment terms. Additionally, both documents often include clauses related to default and remedies, ensuring that each party understands the consequences of failing to meet their obligations.

The Commercial Real Estate Purchase Agreement is also similar in nature to the Connecticut Real Estate form. This document is tailored for commercial properties, yet it shares many structural elements with residential agreements. Both types of agreements detail the purchase price, property description, and any contingencies that must be satisfied before closing. They also emphasize the necessity for due diligence, allowing buyers to assess the property’s condition and value before finalizing the sale.

The Seller’s Disclosure Statement is another important document that complements the Connecticut Real Estate Purchase and Sales Agreement. This statement provides buyers with crucial information about the property's condition, including any known issues or defects. Both documents aim to foster transparency and trust between buyers and sellers, ensuring that buyers make informed decisions based on the property’s history and current state. The disclosure statement serves as a critical tool for buyers to understand what they are purchasing.

For those preparing important workplace guidelines, the comprehensive Employee Handbook template can serve as a valuable resource in outlining essential policies and practices tailored for New Jersey employees.

Similarly, the Title Commitment is a document that plays a vital role in real estate transactions. It outlines the condition of the title to the property and identifies any liens or encumbrances that may affect ownership. Like the Connecticut Real Estate form, the Title Commitment helps protect the interests of the buyer by ensuring that they receive clear and marketable title at closing. Both documents work together to provide a comprehensive understanding of the legal aspects of the property being sold.

Lastly, the Closing Disclosure is a document that parallels the Connecticut Real Estate form in the final stages of a transaction. This document provides a detailed breakdown of all costs associated with the purchase, including loan terms, closing costs, and any adjustments. It ensures that buyers and sellers are fully aware of the financial implications of the sale before the closing date. Both the Closing Disclosure and the Connecticut Real Estate form emphasize the importance of clarity and transparency in the transaction process, allowing both parties to proceed with confidence.