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The Oklahoma Real Estate Commission has established a comprehensive framework for real estate transactions through the Oklahoma Uniform Contract of Sale of Real Estate, specifically designed for surface rights only. This legally binding contract, crafted by the Oklahoma Real Estate Contract Form Committee, serves as a crucial document in the buying and selling of property in the state. It outlines essential components such as the identification of the parties involved—the seller and the buyer—along with their respective obligations. The contract includes detailed sections on the purchase price, earnest money, and the terms of closing, ensuring both parties understand their financial commitments and timelines. Additionally, it addresses the property’s legal description and the specifics of what is included in the sale, such as fixtures and improvements, as well as any exclusions. The contract also emphasizes the importance of inspections and investigations, allowing the buyer a specified period to assess the property’s condition before finalizing the purchase. Furthermore, it outlines the responsibilities related to title evidence, taxes, and any potential disputes, thereby providing a clear roadmap for both parties throughout the transaction process. With these provisions in place, the Oklahoma Real Estate form aims to facilitate smooth and transparent real estate dealings, safeguarding the interests of all parties involved.

Important Questions on Oklahoma Real Estate

What is the Oklahoma Real Estate form?

The Oklahoma Real Estate form is a legally binding contract known as the Oklahoma Uniform Contract of Sale of Real Estate. It is designed for transactions involving the sale of surface rights only in real estate. This form is created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.

Who are the parties involved in this contract?

The parties involved in the contract are the "Seller" and the "Buyer." Both parties must sign the contract, and their signatures, along with any applicable attachments, create a valid and binding agreement regarding the sale of the property.

What is included in the contract documents?

The contract documents include the main contract and any attachments that may be applicable, such as financing supplements, homeowner association supplements, and other addendums. It is essential to check the relevant boxes to indicate which attachments are included.

What is the purpose of the earnest money?

Earnest money is a deposit made by the Buyer to show their serious intent to purchase the property. This amount is typically paid at the time of signing the contract and is held in a trust account until closing. It will be applied toward the purchase price or closing costs at that time.

What happens during the closing process?

The closing process involves the execution of necessary documents, the delivery of the deed, and the transfer of funds from the Buyer to the Seller. This process must be completed by a specified closing date, and possession of the property typically transfers at the conclusion of closing unless otherwise agreed upon.

What inspections can the Buyer perform?

The Buyer has the right to conduct various inspections, including home inspections, structural inspections, and reviews of environmental risks. The Seller is required to ensure that utilities are operational for these inspections. The Buyer can also bring in qualified professionals to assist in this process.

What are the Buyer’s rights regarding property condition?

The Buyer has the right to cancel the contract if the results of the inspections are unsatisfactory. They can also request repairs or treatments for issues found during the inspections. If an agreement is not reached regarding necessary repairs, the contract may become null and void, and the earnest money will be refunded to the Buyer.

How is title evidence handled in the contract?

The Buyer is responsible for obtaining title evidence, which can include an attorney's title opinion or a commitment for title insurance. The Seller must provide the Buyer with necessary documents related to the title within a specified timeframe before closing.

What happens if either party breaches the contract?

If the Seller fails to fulfill their obligations, the Buyer may cancel the contract and receive a refund of the earnest money. Conversely, if the Buyer does not meet their obligations, the Seller may cancel the contract and retain a portion of the earnest money as liquidated damages.

How to Write Oklahoma Real Estate

Filling out the Oklahoma Real Estate form requires careful attention to detail. Each section of the form must be completed accurately to ensure a smooth transaction. Below are the steps to guide you through the process of filling out this important document.

  1. Gather Necessary Information: Collect all relevant information about the property, including the legal description, address, and details about the seller and buyer.
  2. Select Contract Documents: Check the applicable boxes for any supplemental documents that apply to your transaction.
  3. Identify the Parties: Clearly fill in the names of the seller and buyer in the designated spaces.
  4. Provide Legal Description: Accurately describe the property, including the county and specific details about the land.
  5. Enter Purchase Price and Earnest Money: Specify the purchase price and the amount of earnest money paid by the buyer.
  6. Set Closing Date: Indicate the expected closing date and any provisions for delays.
  7. List Accessories and Equipment: Include any items that will remain with the property, as well as any exclusions.
  8. Specify Time Periods: Fill in the time reference date for investigations and inspections.
  9. Review Disclosure Statements: Acknowledge the condition of the property and any disclosures made by the seller.
  10. Complete Investigations and Inspections: Note the number of days allowed for inspections and any rights to enter the property.
  11. Address Treatments, Repairs, and Replacements: Specify any obligations for the seller regarding repairs and treatments.
  12. Examine Title Evidence: Indicate who will be responsible for obtaining title evidence and any related documents.
  13. Detail Taxes and Assessments: Clarify how taxes and assessments will be handled at closing.
  14. Include Residential Service Agreement: Check the appropriate box regarding any service agreements related to the property.
  15. Add Additional Provisions: Write in any additional terms or conditions that are relevant to the contract.
  16. Signatures: Ensure that both parties sign the contract in the designated areas to make it legally binding.

Similar forms

The Oklahoma Real Estate form shares similarities with the Residential Purchase Agreement commonly used in many states. Both documents serve as legally binding contracts between a buyer and seller for the transfer of property. Each outlines essential details such as the purchase price, closing date, and conditions under which the transaction may occur. Both agreements also require the parties' signatures to create a binding contract, ensuring that any prior negotiations or discussions are superseded by the written terms.

Another comparable document is the Listing Agreement, which is used by real estate agents to represent sellers. Like the Oklahoma Real Estate form, it establishes the terms of the property sale. The Listing Agreement outlines the agent's responsibilities, the commission structure, and the duration of the listing. Both documents emphasize the importance of clear communication and mutual understanding between the parties involved in the transaction.

The Purchase and Sale Agreement is another document that aligns closely with the Oklahoma Real Estate form. This agreement is often used in commercial real estate transactions but shares fundamental elements with residential contracts. It details the property description, purchase price, and closing procedures. Both agreements also address contingencies and obligations of the parties, ensuring that all aspects of the transaction are legally enforceable.

The Lease Agreement also bears some similarities, particularly in terms of defining the rights and responsibilities of the parties involved. While a Lease Agreement pertains to renting property, it includes clauses about payment, property condition, and duration, much like the purchase contract. Both documents aim to protect the interests of the parties and provide a clear framework for the transaction.

The Option to Purchase Agreement is similar in that it grants a potential buyer the right to purchase property at a predetermined price within a specified timeframe. Like the Oklahoma Real Estate form, it outlines essential terms such as the purchase price and duration of the option. Both documents ensure that the seller cannot sell to another party during the option period, protecting the buyer's interests.

The Real Estate Disclosure Statement is another related document that complements the Oklahoma Real Estate form. This statement requires sellers to disclose known defects or issues with the property. Both documents work together to ensure transparency in the transaction, allowing buyers to make informed decisions based on the condition of the property.

The Closing Statement is closely related to the Oklahoma Real Estate form, as it summarizes the financial aspects of the transaction at closing. This document outlines the final purchase price, closing costs, and any adjustments made. Both documents are crucial for ensuring that all financial obligations are met and that the transaction proceeds smoothly.

The Title Insurance Policy is another document that plays a vital role in real estate transactions. While it is not a contract between buyer and seller, it protects the buyer from potential title issues. Both the Title Insurance Policy and the Oklahoma Real Estate form emphasize the importance of clear title and the buyer's rights regarding the property.

The Home Inspection Report is also similar in that it provides crucial information about the property's condition. While the Oklahoma Real Estate form allows for inspections and investigations, the Home Inspection Report details findings related to the property’s structural integrity and systems. Both documents aim to protect the buyer by ensuring they are aware of any issues before finalizing the purchase.

For those looking to understand the nuances of property transactions, the process can be clarified by using a detailed bill of sale document. This ensures all necessary details are covered and legally recognized, enhancing the protection of both buyers and sellers in their exchanges.

Lastly, the Addendum is a document that can modify or add to the terms of the Oklahoma Real Estate form. Addendums are often used to address specific contingencies or conditions that may arise during the transaction. Both documents are essential for ensuring that all parties agree on the terms and that any changes are documented appropriately.

Example - Oklahoma Real Estate Form

OKLAHOMA REAL ESTATE COMMISSION

This is a legally binding Contract;

if not understood seek advice from an attorney

OKLAHOMA UNIFORM CONTRACT OF

SALE OF REAL ESTATE

(SURFACE RIGHTS ONLY)

This form was created by the Oklahoma Real Estate Contract Form Committee and approved by the Oklahoma Real Estate Commission.

CONTRACT DOCUMENTS. The Contract is deined as this document with the following attachment(s):

(check as applicable)

____ Conventional Supplemental

___ Single Family Homeowner’s Association Supplemental

____ FHA Supplemental

___ Condominium/Townhouse Association Supplemental

____ VA Supplemental

___ Supplemental Addendum

____ Assumption/Other

___ ______________________

PARTIES. THE CONTRACT is entered into between:

 

___________________________________________________________________________________________________________“Seller”

and _________________________________________________________________________________________ “Buyer”.

The Parties’ signatures at the end of the Contract, which includes any attachments or documents incorporated by reference, with delivery to their respective Brokers, if applicable, will create a valid and binding Contract, which sets forth their complete understanding of the terms of the Contract. The Contract shall be executed by original signatures of the parties or by signatures as relected on separate identical Contract counterparts (carbon, photo or fax copies).All prior verbal or written negotiations, representations and agreements are superceded by the Contract, which may only be modiied or assigned by a further written agreement of Buyer and Seller.

Seller agrees to sell and convey by General Warranty Deed, and Buyer agrees to accept such deed and buy the Property described herein, on the following terms and conditions:

The Property shall consist of the following described real estate located in _____________________________ County, Oklahoma.

1. LEGAL DESCRIPTION. ____________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

______________________________________________________________________________________________________________

Property Address

City

Zip

Together with all ixtures and improvements, and all appurtenances, subject to existing zoning ordinances, plat or deed restrictions, utility easements serving the Property, (collectively referred to as “the Property”); less and except all the oil, gas and other minerals in and under and that may be produced from the Property.

2.PURCHASE PRICE, EARNEST MONEY AND SOURCE OF FUNDS. This is a CASH TRANSACTION unless a Financing Supplement Agreement is attached. The Purchase Price is $_____________________ payable by Buyer as follows: Buyer has paid $____________ as Earnest Money on execution of the Contract, and Buyer shall pay the balance of the purchase price and Buyer’s Closing costs at Closing. Upon execution of the Contract, the Earnest Money shall be deposited in the trust account of ______________________________________or if left blank, the Listing Broker’s trust account, as part payment of the purchase price and/or closing costs. If interest accrues on Earnest Money Deposit in Listing Broker’s trust account, said interest shall be paid to “Oklahoma Housing Foundation”.

3. CLOSING, FUNDING AND POSSESSION. The Closing process includes execution of documents, delivery of deed and receipt of funds by Seller and shall be completed on or before _____________________________________, (“Closing

Date”) or not later than ive (5) days thereafter caused by a delay of the Closing process, or such later date as may be necessary in the Title Evidence provision (reference Paragraph 10 D and E). Possession shall be transferred upon conclusion of Closing process unless otherwise provided below:

__________________________________________________________________________________________________.

In addition to costs and expenses otherwise required to be paid in accordance with terms of the Contract, Buyer shall pay Buyer’s Closing fee, Buyer’s recording fees, and all other expenses required from Buyer. Seller shall pay documentary stamps required, Seller’s Closing fee, Seller’s recording fees, if any, and all other expenses required from Seller. Funds required from Buyer and Seller at Closing shall be either cash, cashier’s check or wire transfer.

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PROPERTY ADDRESS___________________________________________________________________________________________________________

4.ACCESSORIES, EQUIPMENT AND SYSTEMS. The following items, if existing on the Property, unless otherwise excluded, shall remain with the Property at no additional cost to Buyer:

• Attic and ceiling fan(s)

• Fireplace inserts, logs, grates, doors

• Outside cooking unit(s), if attached

• Bathroom mirror(s)

and screens

• Propane tank(s) if owned

• Other mirrors, if attached

• Free standing heating unit(s)

• TV antennas/satellite dish system(s)

• Central vacuum & attachments

• Humidiier(s), if attached

and control(s), if owned

• Floor coverings, if attached

• Water conditioning systems, if

• Sprinkler systems & control(s)

• Key(s) to the property

owned

• Swimming Pool/Spa equipment/

Built-in and under cabinet/counter

• Window treatments & coverings,

accessories

appliance(s)

interior & exterior

• Attached recreational equipment

• Free standing slide-in/drop-in

• Storm windows, screens & storm

• Exterior landscaping and lighting

kitchen stove

doors

• Entry gate control(s)

Built-in sound system(s)/speaker(s)

• Garage door opener(s) & remote

• Water meter, sewer/trash

• Lighting & light ixtures

transmitting unit(s)

membership, if owned

• Fire, smoke and security system(s), if

• Fences (includes sub-surface

• All remote controls, if applicable

owned

electric & components)

• Transferable Service Agreements

• Shelving, if attached

• Mailboxes/Flag poles

and Product Warranties

A.Additional Inclusions. The following items shall also remain with the Property at no additional cost to Buyer:

_______________________________________________________________________________________________

________________________________________________________________________________________________

B.Exclusions. The following items shall not remain with the Property: _____________________________________

___________________________________________________________________________________________.

5.TIME PERIODS SPECIFIED IN CONTRACT. Time periods for Investigations, Inspections and Reviews and Financing Supplement Agreement shall commence on ______________________________ (Time Reference Date), regardless of the date the Contract is signed by Buyer and Seller. The day after the Time Reference Date shall be counted as day one (1). If left blank, the Time Reference Date shall be the third day after the last date of signatures of the parties.

6.RESIDENTIAL PROPERTY CONDITION DISCLOSURE. No representations by Seller regarding the condition of Property or environmental hazards are expressed or implied, other than as speciied in the Oklahoma Residential Property Condition Disclosure Statement (“Disclosure Statement”) or the Oklahoma Property Condition Disclaimer Statement (“Disclaimer Statement”), if applicable. A real estate licensee has no duty to Seller or Buyer to conduct an independent inspection of the Property and has no duty to independently verify accuracy or completeness of any statement made by Seller in the Disclosure Statement and any amendment or the Disclaimer Statement.

7.INVESTIGATIONS, INSPECTIONS and REVIEWS.

A.Buyer shall have ______ days (10 days if left blank) after the Time Reference Date to complete any investigations, inspections, and reviews. Seller shall have water, gas and electricity turned on and serving the Property for Buyer’s inspections, and through the date of possession or Closing, whichever occurs irst. If required by ordinance, Seller, or Seller’s Broker, if applicable, shall deliver to Buyer, in care of Buyer’s Broker, if applicable, within ive (5) days after the Time Reference Date any written notices affecting the Property.

B.Buyer, together with persons deemed qualiied by Buyer and at Buyer’s expense, shall have the right to enter upon the Property to conduct any and all investigations, inspections, and reviews of the Property. Buyer’s right to enter upon the Property shall extend to Oklahoma licensed Home Inspectors and licensed architects for purposes of performing a home inspection. Buyer’s right to enter upon the Property shall also extend to registered professional engineers, professional craftsman and/or other individuals retained by Buyer to perform a limited or specialized investigation, inspection or review of the Property pursuant to a license or registration from the appropriate State licensing board, commission or department. Finally, Buyer’s right to enter upon the Property shall extend to any other person representing Buyer to conduct an investigation, inspection and/or review which is lawful but otherwise unregulated or unlicensed under Oklahoma Law. Buyer’s investigations, inspections, and reviews may include, but not be limited to, the following:

1)Disclosure Statement or Disclaimer Statement unless exempt

2)Flood, Storm Run off Water, Storm Sewer Backup or Water History

3)Psychologically Impacted Property and Megan’s Law

4)Hazard Insurance (Property insurability)

5)Environmental Risks, including, but not limited to soil, air, water, hydrocarbon, chemical, carbon, asbestos, mold, radon gas, lead-based paint

6)Roof, structural members, roof decking, coverings and related components

7)Home Inspection

8)Structural Inspection

9)Fixtures, Equipment and Systems Inspection. All ixtures, equipment and systems relating to plumbing (including sewer/septic system and water supply), heating, cooling, electrical, built-in appliances, swimming pool, spa, sprinkler systems, and security systems

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PROPERTY ADDRESS___________________________________________________________________________________________________________

10)Termites and other Wood Destroying Insects Inspection

11)Use of Property. Property use restrictions, building restrictions, easements, restrictive covenants, zoning ordinances and regulations, mandatory Homeowner Associations and dues

12)Square Footage. Buyer shall not rely on any quoted square footage and shall have the right to measure the Property.

13)_________________________________________________________________________________________

C. TREATMENTS, REPAIRS AND REPLACEMENTS (TRR).

1)TERMITE TREATMENTS AND OTHER WOOD DESTROYING INSECTS. Seller’s obligation to pay treatment and repair cost in relation to termites and other wood destroying insects shall be limited to the residential structure, garage(s) and other structures as designated in Paragraph 13 and as provided in subparagraph C2b below.

2)TREATMENTS, REPAIRS, REPLACEMENTS AND REVIEWS. Buyer or Buyer’s Broker, if applicable, within 24 hours after expiration of the time period referenced in 7A, shall deliver to Seller, in care of the Seller’s Broker, if applicable, a copy of all written reports obtained by Buyer, if any, pertaining to the Property and Buyer shall select one of the following:

a.If, in the sole opinion of the Buyer, results of Investigations, Inspections or Reviews are unsatisfactory, the Buyer may cancel the Contract by delivering written notice of cancellation to Seller, in care of Seller’s Broker, if applicable, and receive refund of Earnest Money.

OR

b.Buyer, upon completion of all Investigations, Inspections and Reviews, waives Buyer’s right to cancel as provided in Paragraph 7, subparagraph C2a above, by delivering to Seller, in care of Seller’s Broker, if applicable, a written list on a Notice of Treatments, Repairs, and Replacements form (TRR form) of those items to be treated, repaired or replaced (including repairs caused by termites and other wood destroying insects) that are not in normal working order (deined as the system or component functions without defect for the primary purpose and manner for which it was installed. Defect means a condition, malfunction or problem, which is not decorative, that will have a materially adverse effect on the value of a system or component).

i.Seller shall have _______ days (5 days if blank) after receipt of the completed TRR form from Seller’s Broker, if applicable, to obtain costs estimates. Seller agrees to pay up to $__________ (“Repair Cap”) of costs of TRR’s. If Seller, or Seller’s Broker, if applicable, obtains cost estimates which exceed Repair Cap, Seller, or Seller’s Broker, if applicable, shall notify Buyer or Buyer’s Broker, if applicable, in writing, within two days after receipt of cost estimates.

If the amount of the TRR’s exceed the amount of the Repair Cap, Buyer and Seller shall have _____ days (3 days if blank) thereafter to negotiate the payment of costs in excess of Repair Cap. If a written agreement is reached, Seller shall complete all agreed TRR’s prior to the Closing Date. If an agreement is not reached within the time speciied in this provision, the Contract shall become null and void and Earnest Money returned to Buyer.

ii.If Seller fails to obtain cost estimates within the stated time, Buyer shall then have ______ days (5 days if blank) to:

a)Enter upon the Property to obtain costs estimates and require Seller to be responsible for all TRR’s as noted on Buyer’s TRR form, up to the Repair Cap; and,

b)If the amount of the TRR’s exceed the amount of the Repair Cap, Buyer and Seller shall have _____

days (3 days if blank) thereafter to negotiate the payment of costs in excess of Repair Cap. If a written agreement is reached, Seller shall complete all agreed TRR’s prior to the Closing Date. If an agreement is not reached within the time speciied in this provision, the Contract shall become null and void and Earnest Money returned to Buyer.

D.EXPIRATION OF BUYER’S RIGHT TO CANCEL CONTRACT.

1)Failure of Buyer to complete one of the following shall constitute acceptance of the Property regardless of its condition:

a.Perform any Investigations, Inspections or Reviews;

b.Deliver a written list on a TRR form of items to be treated, repaired and replaced; or

c.Cancel the Contract within the time periods in Investigations, Inspections or Reviews Paragraph.

2)After expiration of the time periods in Investigations, Inspections and Reviews Paragraph, Buyer’s inability to obtain a loan based on unavailability of hazard insurance coverage shall not relieve the Buyer of the obligation to close transaction.

3)After expiration of the time periods in Investigations, Inspections and Reviews Paragraph, any square footage calculation of the dwelling, including but not limited to appraisal or survey, indicating more or less than quoted, shall not relieve the Buyer of the obligation to close this transaction.

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PROPERTY ADDRESS___________________________________________________________________________________________________________

E.INSPECTION OF TREATMENTS, REPAIRS AND REPLACEMENTS AND FINAL WALK-THROUGH.

1)Buyer, or other persons Buyer deems qualiied, may perform re-inspections of Property pertaining to Treatments, Repairs and Replacements.

2)Buyer may perform a inal walk-through inspection, which Seller may attend. Seller shall deliver Property in the same condition as it was on the date upon which Contract was signed by Buyer (ordinary wear and tear excepted) subject to Treatments, Repairs and Replacements.

3)All inspections and re-inspections shall be paid by Buyer, unless prohibited by mortgage lender.

8.RISK OF LOSS. Until transfer of Title or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after transfer of Title or transfer of possession, risk of loss shall be upon Buyer. (Parties are advised to address insurance coverage regarding transfer of possession prior to Closing.)

9.ACCEPTANCE OF PROPERTY. Buyer, upon accepting Title or transfer of possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, expressed or implied, by Sellers, Brokers and/or their associated licensees, with reference to the condition of the Property, shall be deemed to survive the Closing.

10.TITLE EVIDENCE.

A.BUYER’S EXPENSE. Buyer, at Buyer’s expense, shall obtain: (Check one)

Attorney’s Title Opinion, which is not rendered for Title Insurance purposes.

OR

Commitment for Issuance of a Title Insurance Policy based on an Attorney’s Title Opinion which is rendered for Title Insurance purposes for the Owner’s and Lender’s Title Insurance Policy.

B.SELLER’S EXPENSE. Seller, at Seller’s expense, within thirty (30) days prior to Closing Date, agrees to make available to Buyer the following (collectively referred to as “the Title Evidence”):

1)A complete surface-rights-only Abstract of Title, last certiied to a date subsequent to the Time Reference Date, by an Oklahoma licensed and bonded abstract company;

OR

A copy of Seller’s existing owner’s title insurance policy issued by a title insurer licensed in the State of Oklahoma together with a supplemental surface-rights-only abstract last certiied to a date subsequent to the Time Reference Date, by an Oklahoma licensed and bonded abstract company;

2)A current Uniform Commercial Code Search Certiicate; and

3)An inspection certiicate (commonly referred to as a “Mortgage Inspection Certiicate”) prepared subsequent to the Time Reference Date by a licensed surveyor, which shall include a representation of the boundaries of the Property (without pin stakes) and the improvements thereon.

C.LAND OR BOUNDARY SURVEY. By initialing this space _______, Buyer agrees to waive Seller’s obligation to provide a Mortgage Inspection Certiicate. Seller agrees that Buyer, at Buyer’s expense, may have a licensed surveyor enter upon the Property to perform a Land or Boundary (Pin Stake) Survey, in lieu of a Mortgage Inspection Certiicate, that shall then be considered as part of the Title Evidence.

D.BUYER TO EXAMINE TITLE EVIDENCE.

1)Buyer shall have ten (10) days after receipt to examine the Title Evidence and to deliver Buyer’s objections to Title to Seller or Seller’s Broker, if applicable. In the event the Title Evidence is not made available to Buyer within ten (10) days prior to Closing Date, said Closing Date shall be extended to allow Buyer the ten (10) days from receipt to examine the Title Evidence.

2)Buyer agrees to accept title subject to: (i) utility easements serving the property, (ii) building and use restrictions of record, (iii) set back and building lines, (iv) zoning regulations, and (v) reserved and severed mineral rights, which shall not be considered objections for requirements of Title.

E.SELLER TO CORRECT ISSUES WITH TITLE (IF APPLICABLE), POSSIBLE CLOSING DELAY. Upon receipt by Seller, or in care of Seller’s Broker, if applicable, of any title requirements relected in an Attorney’s Title Opinion or Title Insurance Commitment, based upon the standard of marketable title set out in the Title Examination Standards of the Oklahoma Bar Association, the parties agree to the following:

1)Seller, at Seller’s expense, shall make reasonable efforts to obtain and/or execute all documents necessary to cure title requirements identiied by Buyer; and

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PROPERTY ADDRESS___________________________________________________________________________________________________________

2)Delay Closing Date for ______ days [thirty (30) days if blank], or a longer period as may be agreed upon in writing, to allow Seller to cure Buyer’s title requirements. In the event Seller cures Buyer’s objection prior to the delayed Closing Date, Buyer and Seller agree to close within ive (5) days of notice of such cure. In the event that title requirements are not cured within the time speciied in this subparagraph, the Buyer may cancel the Contract and receive a refund of Earnest Money.

F.Upon Closing, any existing Abstract(s) of Title, owned by Seller, shall become the property of Buyer.

11.TAXES, ASSESSMENTS AND PRORATIONS.

A.The following items shall be prorated to include the date of Closing: (i) General ad valorem taxes for the current calendar year, if certiied. However, if the amount of such taxes has not been ixed, the proration shall be based upon the rate of levy for the previous calendar year and the most current assessed value available at the time of Closing; and (ii) Homeowner’s Association assessments and dues, if any, based on most recent assessments.

B.The following items shall be paid by Seller at Closing: (i) All special assessments against the Property (matured or not matured), whether or not payable in installments; (ii) Documentary Stamps; (iii) all utility bills, actual or estimated; (iv) all taxes other than general ad valorem taxes which are or may become a lien against the Property; (v) any labor, materials, or other expenses related to the Property, incurred prior to Closing which is or may become a lien against the Property.

C.At Closing all leases, if any, shall be assigned to Buyer and security deposits, if any, shall be transferred to Buyer. Prepaid rent and lease payments shall be prorated through the date of Closing.

D.If applicable, membership and meters in utility districts to include, but not limited to, water, sewer, ambulance, ire, garbage, shall be transferred at no cost to Buyer at Closing.

12.RESIDENTIAL SERVICE AGREEMENT. (CHECK ONE)

A. The Property shall not be covered by a Residential Service Agreement.

B. Seller currently has a Residential Service Agreement in effect on the Property. Seller, at Seller’s expense, shall transfer the agreement with one (1) year coverage to the Buyer at Closing.

C. The Property shall be covered by a Residential Service Agreement selected by the Buyer at an approximate cost of $_________. Seller agrees to pay $_______ and Buyer agrees to pay the balance.

The Seller and Buyer acknowledge that the real estate broker(s) may receive a service/administration fee for the referral and processing of the Residential Service Agreement.

Buyer acknowledges that a Residential Service Agreement does not replace/substitute Property inspection rights.

13.ADDITIONAL PROVISIONS.

__________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

_____________________________________________________________________________________________________

____________________________________________________________________________________________________

14.MEDIATION. Any dispute arising with respect to the Contract shall irst be submitted to a dispute resolution mediation system servicing the area in which the Property is located. Any settlement agreement shall be binding. In the event an agreement is not reached, the parties may pursue legal remedies as provided by the Contract.

15.BREACH AND FAILURE TO CLOSE.

A.UPON BREACH BY SELLER. If the Buyer performs all of the obligations of Buyer, and if, within ive (5) days after the date speciied for Closing under Paragraph 3, Seller fails to convey the Title or fails to perform any other obligations of the Seller under this Contract, then Buyer shall be entitled to either cancel and terminate this Contract, return the abstract to Seller and receive a refund of the Earnest Money, or pursue any other remedy available at law or in equity, including speciic performance.

B.UPON BREACH BY BUYER. If, after the Seller has performed Seller’s obligation under this Contract, and if, within ive

(5) days after the date speciied for Closing under Paragraph 3, the Buyer fails to provide funding, or to perform any other obligations of the Buyer under this Contract, then the Seller may, at Seller’s option, cancel and terminate this Contract and retain all sums paid by the Buyer, but not to exceed 5% of the purchase price, as liquidated damages, or pursue any other remedy available at law or in equity, including speciic performance.

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PROPERTY ADDRESS___________________________________________________________________________________________________________

16.INCURRED EXPENSES AND RELEASE OF EARNEST MONEY.

A.INCURRED EXPENSES. Buyer and Seller agree that any expenses, incurred on their behalf, shall be paid by the party incurring such expenses and shall not be paid from Earnest Money.

B.RELEASE OF EARNEST MONEY. In the event a dispute arises prior to the release of Earnest Money held in escrow, the escrow holder shall retain said Earnest Money until one of the following occur:

1)A written release is executed by Buyer and Seller agreeing to its disbursement;

2)Agreement of disbursement is reached through Mediation;

3)Interpleader or legal action is iled, at which time the Earnest Money shall be deposited with the Court Clerk; or

4)The passage of thirty (30) days from the date of inal termination of the Contract has occurred and options 1), 2) or 3) above have not been exercised; Broker escrow holder, at Broker’s discretion, may disburse Earnest Money. Such disbursement may be made only after ifteen (15) days written notice to Buyer and Seller at their last known address stating the escrow holder’s proposed disbursement.

17.DELIVERY OF ACCEPTANCE OF OFFER OR COUNTEROFFER. The Buyer and Seller authorize their respective Brokers, if applicable, to receive delivery of an accepted offer or counteroffer.

18.NON-FOREIGN SELLER. Seller represents that at the time of acceptance of this contract and at the time of Closing, Seller is not a “foreign person” as such term is deined in the Foreign Investments in Real Property Tax Act of 1980 (26 USC Section 1445(f) et. Sec) (“FIRPTA”). If either the sales price of the property exceeds $300,000.00 or the buyer does not intend to use the property as a primary residence then, at the Closing, and as a condition thereto, Seller shall furnish to Buyer an affidavit, in a form and substance acceptable to Buyer, signed under penalty of perjury containing Seller’s United States Social Security and/or taxpayer identiication numbers and a declaration to the effect that Seller is not a foreign person within the meaning of Section “FIRPTA.”

19.EXECUTION BY PARTIES.

AGREED TO BY BUYER:

AGREED TO BY SELLER:

On This Date_____________________________________

On This Date_____________________________________

________________________________________________

________________________________________________

Buyer’s Printed Name

Seller’s Printed Name

________________________________________________

________________________________________________

Buyer’s Signature

Seller’s Signature

________________________________________________

________________________________________________

Buyer’s Printed Name

Seller’s Printed Name

________________________________________________

________________________________________________

Buyer’s Signature

Seller’s Signature

TERMINATION OF OFFER. The above Offer shall automatically terminate on _______________________ at 5:00 p.m.,

unless withdrawn prior to acceptance or termination.

EARNEST MONEY RECEIPT AND INSTRUCTIONS

Receipt of $_____________________

Check

Cash as Earnest Money Deposit, to be deposited in accordance with

the terms and conditions of PURCHASE PRICE, EARNEST MONEY, AND SOURCE OF FUNDS Paragraph. Broker(s) acknowledges receipt of Earnest Money and Listing Broker, if applicable, shall deposit said funds in accordance with Paragraph 2 of this Contract. If deposited in an escrow account other than the Listing Broker, the Listing Broker, if applicable, shall provide a copy of receipt to the Selling Broker.

______

________________________________________

______

________________________________________

Date

Selling Broker/Associate Signature

Date

Listing Broker/Associate Signature

________________________________________________

________________________________________________

(Print Name) Selling Broker/Associate

(Print Name) Listing Broker/Associate

________________________________________________

________________________________________________

Company Name

Company Name

________________________________________________

________________________________________________

Address

Phone

Address

Phone

OREC CONTRACT OF SALE (11-2009-R)

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Documents used along the form

When engaging in real estate transactions in Oklahoma, several additional forms and documents may be utilized alongside the Oklahoma Real Estate form. Each of these documents serves a specific purpose in ensuring a smooth transaction process. Below is a list of commonly used forms and a brief description of each.

  • Residential Property Condition Disclosure Statement: This document provides detailed information about the condition of the property, including any known issues or defects that the seller is aware of. It helps buyers make informed decisions based on the property's condition.
  • Title Insurance Commitment: This document outlines the terms under which a title insurance policy will be issued. It identifies any potential issues with the title and protects the buyer against future claims or disputes regarding property ownership.
  • Earnest Money Agreement: This document outlines the amount of earnest money the buyer will deposit to demonstrate their commitment to purchasing the property. It details how the earnest money will be handled in the event of a transaction cancellation.
  • Closing Disclosure: This document provides a detailed account of all closing costs associated with the transaction. It includes information about loan terms, monthly payments, and the total amount due at closing.
  • Mortgage Inspection Certificate: This document is prepared by a licensed surveyor and shows the boundaries of the property and any improvements made. It ensures that the property complies with local zoning regulations and is essential for obtaining financing.
  • Residential Service Agreement: This agreement outlines the terms of any service contracts for home repairs or maintenance that may be transferred to the buyer at closing. It can provide peace of mind regarding potential repairs after purchase.
  • Transfer of Utilities Form: This document facilitates the transfer of utility services from the seller to the buyer. It ensures that essential services like water, gas, and electricity are available to the new owner at closing.
  • Boat Bill of Sale: This document is essential for the purchase or sale of a boat in California, serving as formal evidence of the transaction. Buyers and sellers alike must accurately complete the form to ensure it meets state requirements. For those interested, you can find a reliable resource at legalpdf.org.
  • Property Tax Proration Agreement: This agreement outlines how property taxes will be divided between the buyer and seller at closing, ensuring that both parties pay their fair share based on the closing date.
  • Homeowner's Association (HOA) Documents: If the property is part of an HOA, these documents provide important information about the association's rules, regulations, and fees. They help the buyer understand their responsibilities as a member of the community.
  • Disclosure of Lead-Based Paint Hazards: For properties built before 1978, this document informs buyers of any known lead-based paint hazards. It is a federal requirement aimed at protecting buyers, especially those with children.

These documents play a crucial role in the real estate transaction process in Oklahoma. Understanding their purposes can help both buyers and sellers navigate their responsibilities and rights effectively.

Key takeaways

When filling out and using the Oklahoma Real Estate form, consider the following key takeaways:

  • Understand the Contract: This document is legally binding. It is crucial to comprehend all terms before signing. If you have questions, seek legal advice.
  • Complete All Required Sections: Ensure that all parties, including the seller and buyer, provide their full names and signatures. Missing information can invalidate the contract.
  • Specify the Property Details: Clearly describe the property, including the legal description and address. This information is vital for identifying the property in question.
  • Earnest Money Requirements: Be aware that earnest money is required upon execution of the contract. This amount is a demonstration of good faith and will be applied toward the purchase price.
  • Investigations and Inspections: Buyers have a specified period to conduct investigations and inspections. It is essential to complete these within the designated timeframe to maintain rights regarding the property condition.
  • Closing Costs and Responsibilities: Understand who is responsible for various closing costs. Both the buyer and seller have specific financial obligations that must be met at closing.