Terms & Conditions
TERMS & CONDITIONS
Purchaser shall purchase the real Property here-in-above described for above mentioned purchase price. Upon receipt of the full purchase price, W-9, recording fees and (or) taxes as set forth above, the Seller shall execute and deliver Special Warranty Deed to convey title to the real Property described above. The Seller will prepare a properly notarized Special Warranty Deed in Purchaser’(s) name and submit it accompanied by applicable transfer, documentary stamps, and/(or) recording fees to the County Recorder’s office in which real Property is situated by trackable overnight carrier within two business days of receiving cleared funds. Purchaser acknowledges that Seller has no control over the time in which the County will record and return deed to Purchaser.
Purchaser is aware and acknowledges Seller may have acquired the Property through foreclosure or other conveyance and that the Seller has not occupied such Property and has not made, and will not make any warranty or representation, expressed or implied, regarding the quality, condition, habitability, suitability of the Property or fitness for a particular purpose, it’s soil conditions, or existence of hazardous materials. Purchaser acknowledges and agrees that Seller does not warrant or guarantee the square footage, condition, value, lot dimensions, construction quality, personal Property or fixtures remaining on or in the Property. Purchaser hereby acknowledges and agrees that Purchaser has inspected the Property and agrees to purchase the Property “as-is with all faults”. Seller may reserve mineral rights, if any, at Seller's sole discretion, any time prior to and including the recording of the deed to Purchaser. Improvement bonds on the Property are to be assumed by Purchaser in addition to the sale price. Purchaser acknowledges having inspected the Property and investigated its’ suitability for any given purpose prior to purchasing, including availability of access and utilities or lack thereof, and hereby accepts the Property 'AS-IS'.
Taxes for prior year or years have likely been paid by foreclosure actions. Evidence of payment can be viewed upon the applicable Counties’ Public Tax Collector website. If, however, tax liabilities for the prior year have not been paid, Seller will pay immediately upon receipt of full purchase price and fees, as described above and will provide evidence of same to Purchaser within ten business days of receipt of all cleared funds due per above. Any liabilities for the current tax billing year shall be the sole responsibility of the Purchaser.
The Purchaser shall have possession of the real Property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real Property and Purchaser shall be obligated to maintain the real Property from said date.
Purchaser shall hold Seller harmless from and indemnify Seller for, from and against any and all claims raised by any third party against Seller resulting from the Seller's interest hereunder and/or the acts of Purchaser. Such indemnification shall include Seller's reasonable attorney's fees, costs and lost compensation or profits of Seller or their agents resulting from the preparation for and participation in any litigation. Purchaser has personally inspected and investigated this parcel and hereby accepts the Property as is. Purchaser further agrees and understands that all sales are final. Purchaser hereby releases and holds Seller harmless with respect to all liability, loss, damages, claims, suits, causes for action awards, decrees, judgments, or expense of any kind, including legal fees and costs in connection with the Property arising out of personal injury, death, or Property damage actually or allegedly arising from the condition of the Property during any on-site and/or off-site inspections.
The parties agree that the venue of any legal action shall be in Burlington County, NJ and governed by the laws of the State of New Jersey. In the event of a legal dispute where the claim is $5,000 or less, the parties agree to resolve the dispute utilizing binding arbitration. Under no circumstances shall the Seller's liability exceed the amount paid by Purchaser to the Seller. Only in the event of court judgement shall the prevailing party be entitled to recover reasonable attorney's fees and costs. The undersigned Purchaser agrees to purchase the above-described real Property on the Terms and Conditions stated herein.
This agreement shall be binding upon the executors, administrators, successors and assigns of the parties hereto. This contract is not otherwise assignable to external parties.
Electronic Signature and Electronic Delivery of Disclosures and Notices. By clicking “I agree” and /or providing your email address to us, you agree that we may provide you with any information related to your account in electronic format until you withdraw your consent. Your consent to receive electronic communications and transactions includes all the forms and documents on this website and other agreements or notices that may be necessary to complete the purchase of real Property and/or financing on the same. By providing your consent you are confirming that you have the hardware and software to receive and review electronic records and that you have an active email account.
Where the context herein requires, the singular number shall be deemed to include the plural, the masculine gender shall include the feminine and neuter genders and vice versa.
The following terms shall apply for Purchaser utilizing our finance options. Purchaser agree to pay monthly payments to Seller, payable in the amount, interest and term stated herein above, until paid in full. The first installment being due and payable as shown above, and subsequent installments on the same day of each consecutive month until paid in full. Each payment shall be credited first on interest then due and then on the principal; and interest shall thereupon cease upon the principal so credited. If Purchaser elected to pay by monthly recurring automatic payments transferred directly from Purchaser's financial or credit card account to Seller, then the interest rate set forth above only applies if Purchaser continues to make recurring automatic payments for the life of the loan. If Purchaser cancels recurring automatic billing enrollment or if Seller is unable to successfully process recurring automatic payments, then any promotional rate will be lost and Seller may, at its sole discretion, increase the interest rate by up to, but not more than, Seller's default rate of 18% per annum or maximum usury rate as is allowable by law in venue which Property is located. Purchaser shall receive a late charge in the amount of $25.00 or 10% of the total monthly payment, whichever is greater, for any monthly payment which becomes more than 10 days delinquent and/or a service fee of $35.00 for any payment which is returned by payer's bank. There is no pre-payment penalty. Time is of the essence in all matters pertaining to this agreement. Seller shall deliver to Purchaser a special warranty deed to the above-described Property within thirty days of the completion of payments or payment in full, or before at Seller's sole option. In the event of default in making any of the monthly installments, and such default continues for thirty (30) days, this agreement may be canceled at the option of the Seller without notice and any and all moneys paid by Purchaser shall be retained by Seller as damages.
Seller may, at their sole discretion, collect from Purchaser a "contract termination fee" of no more than $200.00 if Purchaser does not fulfill the terms of this contract (including but not limited to: early termination of contract by Purchaser or account closure due to non-payment). Collection of fee will take place in the form of (but is not limited to), a charge to Purchaser credit card or bank account or as a fee added to any other existing land account Purchaser has with Seller.
Purchaser agrees to pay the monthly impound amount shown above, to be used by Seller to pay all Property taxes, other assessments and maintenance costs during the term of this contract. The impound amount is based on prior year's taxes and assessments. Monthly Property tax amounts to be paid by the Purchaser may be adjusted at any time at Seller's sole discretion to cover any shortfalls that may or come to exist during the terms of this Agreement.
Seller reserves the right to place a deed of trust on the parcel at any time, however, warrants that such deed of trust shall be re-conveyed (removed) prior to a deed being recorded to Purchaser. Should Purchaser discover a breach of any of these warranties, Seller at their sole discretion shall (1) cure the breach or (2) cancel the sale and refund all moneys to Purchaser. No oral representations may be relied upon.
Purchaser will execute all documents required to complete this purchase within thirty (30) days or DEPOSIT WILL BE FORFEITED to Seller. Upon completion of payments or payment in full, Seller shall ensure a properly notarized Special Warranty Deed be recorded within 30 business days of receipt of cleared funds. Purchaser hereby waives any right to stop the payment of or dispute any monies or credit card charges paid. Any refunds owed to Purchaser for overpayment, or for any other reason, shall be disbursed to Purchaser within 90 days of notice being delivered to Seller that such a refund is due. Under no circumstance shall the documentation fee, shown above, be refunded. If Purchaser should fail to perform any part of the agreement, Purchaser WILL FORFEIT ALL MONIES PAID to Seller, and Seller shall have no further obligation to Purchaser, or Seller at its sole discretion shall have the exclusive right to enforce this agreement while extending the recording date until all funds due the Seller have been paid in full. If an Affidavit of any kind is customarily recorded with documents in the State in which this Property is located, Purchaser expressly authorizes Seller to sign said Affidavit on Purchaser's behalf. Purchaser understands and agrees to follow all rules and procedures required by the county before making any improvements on the land. Any fines imposed by the county as a result of Purchasers actions shall be the sole responsibility of the Purchaser.
Seller reserves right to limit the amount of properties financed at one time as its' sole and absolute discretion. Seller also reserves the right to request additional down payments if Seller financing is utilized for more than one Property concurrently.