Agreement of sale for New Home

 

Agreement of sale for New Home

This Agreement is made the_____day of___________, 2000. Designs by John, Inc., herein after
referred to as the "seller", hereby agrees to sell  to:____________________________________
________________ Herein after  referred to as the "Buyer" whose address is:_______________
______________________________________________________________.
Who agrees to buy the following described property situated, lying and being on _______________
______in the Township of ___________ County of ____________________and State of New Jersey,
known and designated as lot No.__________Block No.________as designated on the Tax Maps of the
town of________________approved by local municipal authorities, together with a  dwelling and 
appurtenances to be erected thereon. The home to be known as the__________,  Model as manufactured by Integrity Building Systems.

The terms are as follows:

Cash deposit at the signing of this agreement                              $_______________________
(Inclusive of any deposit hereto fore paid)
Additional cash to be paid, at least 10% total recommended.    $_______________________

Proceeds from the Mortgage mentioned below in the of           $_______________________
Balance in cash or certified check at closing                               $_______________________
Said deposit monies will be used in the
Construction of the home designated Ave.                                  $_______________________
TOTAL PURCHASE PRICE                                                            $_______________________

1. DEPOSIT: Buyer hereby authorizes the Sales Agent to deliver to Seller the balance of the deposit paid hereinabove as soon as the buyer receives a firm mortgage commitment in accordance with paragraph # 3 hereof.  In the event that the seller, as of the date of this
agreement, is in contract to purchase the land referred to herein, then this contract in its entirety shall be subject to the sellers ability to take title to the said land within 45 days of the date hereof. In the event that the seller does not take title within the stated time period, this agreement shall terminate and all deposit monies will be refunded to the buyer.

2. Extras: Any and all orders for extras must be in writing, signed for by the purchasers 
and paid for in full in advance, for work requested. Payments for extras are not refundable 
after construction of the house has begun. The following items are included in the purchase price given above______________________________________________________ ____________________________________________________________________
____________________________________________________________________.

3. Mortgage Financing: The purchasers agree to make immediate applications for a mortgage loan in the amount of $________________on what is commonly known as a___________ mortgage, at the prevailing rates of interest.  Either party hereto reserves the right to void this agreement by written notice to the other party if the mortgage loan has not been arranged or this provision waived by the purchaser within
ninety (45) days from the date hereof.  In the event of cancellation of the agreement for the reason that the mortgage commitment cannot be obtained within the time frame allotted above, seller agrees to refund to buyer any deposit monies paid on account, and this agreement shall then be null and void. Seller shall not be obligated to commence construction prior to the financing commitment contemplated herein.

4. No Cloud on Title: The parties hereby agree that this contract shall not be recorded in the Office of the Clerk or of the Register of this County in which the lands and premises are located, and that this contract shall not operate as a lien or encumbrance against the said lands and premises. Should the buyer violate this provision and record the contract in the Office of the Registry or the Clerk of the County in which the premises are located, then the seller reserves the right to cancel this contract, whereupon the same shall become null and void.

5. Priority: It is further agreed that this contract is subject and subordinate in every particular to any construction mortgage now or hereafter to be placed upon said premises for any sum of money loaned or to be loaned to the seller for construction purposes, however, said premises shall be released from lien of said mortgage at or before closing of title. Seller reserves the right to pay any mortgage or lien on the property from the balance due at closing.

6. Title: Marketable title shall be conveyed by Bargain and Sale Deed, with covenants versus grantor, free and clear of all encumbrances, except as specified hereinafter described subject however, to zoning ordinances, restrictions and assessments of record, such state of facts as an accurate survey may disclose and such additional assessments and restrictions as seller may determine necessary and expedient to impose hereafter provided the forgoing do not prevent the use of the premises for dwelling purposes. Title hereunder does not include or extend to areas within the bed of any street or roadway abutting the subject premises as the same are shown and laid down on the filed map herein referred to which street areas have been, may or are to be deducted and/or conveyed to the municipality.  

7. Fire and other casualty: Loss or damage to said premises by fire, storm or other casualty between the date hereof and the closing hereunder are the responsibility of the seller.

8. Adjustments: Taxes for current year, water rent, sewer rent, and premium on existing fire insurance policy, if any, are to be apportioned as of the date of closing.

9.Miscellaneous: _________________________________________________ _______________________________________________________________
_______________________________________________________________

10. Disputes: In the event of a dispute between the parties during the construction of the
proposed dwelling, the seller reserves the right to cancel this agreement, in its entirety, by
refunding the deposit monies paid on account of the purchase price and there shall be no further liability on the part of either party to the agreement.

11. Real Estate Commission: A real estate commission of         % of the sales price or $__________, shall be paid to listing and selling realtors at the time of closing if applicable.

12. Possession: The buyer may enter into and upon the land and premises and take possession thereof upon the delivery of the deed and closing of title and upon full payment of the balance of the monies due under this agreement.

13. Closing of title: Closing of title is to take place immediately after completion, as defined herein, at the office of the sellers attorney, or as designated by the lending institution. The closing date shall be on or about the____________day of _______________.  Anything contained to the contrary notwithstanding, seller shall have the right to accelerate the time of Closing in the event the dwelling is completed and the Certificate of Occupancy issued and the Final Approval of the lending institution has been obtained prior to the above mentioned date.

14. Completion: The issuance of the Certificate of Occupancy by the Township officials and the final approval of the construction by the lending institution shall constitute final completion of all items of construction. The delivery of the deed and the acceptance of same by the buyer shall be deemed as an acceptance by the buyer of the dwelling erected on said lot as being in good condition and ready for occupancy and an acknowledgement that all requirements have been met by the seller.

15. Delay in Completion: In the event completion is delayed due to Acts of God, inclement weather, strikes, lockouts or other labor disputes, acts of war, emergency proclamations or government regulations affecting either seller or any of sellers suppliers of material or labor, or for any reason beyond the sellers control, it is agreed that the closing date hereunder shall be extended for a period of time sufficient to enable the seller to complete the building in accordance with the contract.  

16. Default of seller: In case seller is unable to convey title as herein set forth, or if seller does not construct or complete said dwelling house, then the sole liability of the seller under this contract shall be returned to the buyer of the monies paid on account without interest, and there shall be no further liability on the part of the seller to the buyer except to reimburse buyer for reasonable outlays buyer may incurred for the title examination, not to exceed $ 400.00.

17. Default of Buyer: Should buyer fail to make payment of any additional monies as herein mentioned or should buyer default in either event, seller may elect to cancel this agreement, and retain all monies paid herein as liquidated damages.

18. Assignment: This contract shall not be sold, assigned or transferred without prior written consent of the seller endorsed hereon. The seller reserves the right to cancel this contract in the event buyer violates this provision, and retain all monies paid herein as liquidated damages.

19. Water: The contract price includes a well to a depth of up to 200 feet. If it is necessary to dig deeper in order to secure water, the buyer agrees to pay an additional charge of $ 10.00 per foot beyond 200 feet, or the going rate. The contract includes a ½ hp well pump. If additional depth requires a larger pump, purchaser will be responsible for the difference in cost greater than the ½ hp pump cost.  Purchaser agrees to pay builder $  10.00 a foot or cost per foot if well casing goes beyond 50 feet and $ 5.00 a foot or cost per foot if grouting goes beyond 50 feet.  Buyer will also pay builder for wire and piping for buyers portion of well beyond the 200 ft.. If 10" inch casing is required due to site conditions, buyer shall be responsible for all of that cost.

20. Closing charge: All charges in connection with the closing of tile, including, but not limited to title insurance, fire insurance, special insurance if required by the mortgage, service or origination charges, recording, photos, appraisal and inspection fees, and buyers legal fees are to be paid at or before the closing by the buyer who will execute and deliver the bond and mortgage and all other necessary closing instruments to the lender.

21. Rock and other ground conditions, placement of house: Seller agrees to give written notice  to purchaser in the event the seller determines that the lot requires special excavation, blasting, or the basement requires special treatment because of rock or other ground conditions encountered. Upon receipt of said notice, purchaser shall have (7) seven days to either (1) accept a increase in price for the handling of said condition or conditions or (2) cancel said contract and receive by uncertified check without interest all deposit monies paid herein. If the purchaser does not make his determination in writing, within 7 days after written notice from the seller, seller shall have the right to tender the return of the afore made deposits and in such event, the contract shall become null and void without further liability to either party.  Seller has the right to locate the house and position the driveway on the plot in accordance with the seller
s best judgment on the basis of topography of the lot. Seller shall have the right to reverse the house and garage if, in sellers judgment, such reversal is required. Service walk shall be constructed by placement of stepping stones.

22. Use and Occupancy: It is expressly understood that the purchaser may not use or occupy the dwelling to be constructed as described herein until such time as they have paid all monies  due the seller under this agreement.

23. Landscaping: The seller shall grade and seed only the areas the seller cleared in the construction of the house, except that in such areas which are contoured by means of embankments. Seller may cover same with wood chips or other similar material in place of seeding. Wooded areas will not be landscaped. Areas which have not been cleared in construction will be left in their natural state. Trees which are dead within the landscaping area will be removed upon request in writing from the purchaser prior to landscaping or closing of title, whichever is first. Removal of such trees will be accomplished by cutting the tree as close to the ground as is feasible leaving the stump in place. Rock or boulders encountered within the plot will be removed. Trees left on the site are not guaranteed as to life or health. If an asphalt driveway is requested under the terms of this contract & is ordered as an optional item, its construction over previously disturbed earth and its restricted usage by way of limited automobile wheel pattern may tend to cause depressions, variations and minor cracking of the surface which shall not be considered defects. No retaining walls will be installed unless in the sole opinion of the seller one is necessary and in such event seller will install, at no additional cost, a minimum size dry wall constructed of native rubble stone. Easement areas in which channels or channel extensions are located will not be landscaped.

24. Survey: Seller shall supply a survey to buyer for which buyer agrees to pay seller the sum of $ 500.00 or cost, whichever is greater.

25. Homeowners Warranty: At the time of closing, seller shall deliver to buyer the guarantee that is required under the New Home Warranty and Builders Registration Act.

26. Road Assessment: In the event that a road assessment for either paving, drainage or any other assessment in connection with the improvements of the road is assessed against this property, it will be the sole obligation of the purchaser to pay for said assessments. The parties agree that the consideration for the purchaser paying the sole obligation of the road assessment is reflected in the contract price of the premises.

27. Permits: This agreement is subject to the sellers ability to secure all necessary permits as required by all applicable government authorities.

28. Attorney review: If the buyer or seller elects to consult an attorney, this contract shall be subject to such attorneys review of all of its terms and conditions within 5 (five) business days (exclusive of Saturdays, Sundays and legal holidays) from the date of the delivery of the signed contract to the buyer and seller. If neither buyer nor seller exercises the right to have and attorney review this contract within the time permitted, this contract will be legally binding as written. If the attorney for the buyer or seller disapproves of this contract he must notify the broker and other parties named in this contract within the time permitted, otherwise this contract will be legally binding as written. An attorneys notice of disapproval shall be served upon the Broker's) either by certified mail or telegram, effective upon sending, or by personal delivery, effective upon receipt. The parties may agree in writing to extend the time for attorney review. It is recommended that the Broker's be immediately informed of any revisions suggested by the attorney's.

29. R-value: Statement is attached hereto and made a part hereof. (See Schedule A.)

30. Driveway: The standard driveway included in the price of this agreement shall be of a size sufficient to create a 2 (two) car off street Area. Its location shall be solely at the discretion of the seller. Said driveway shall be constructed of quarry processed stone. In the event that a garage is provided for in the agreement, the driveway shall give access from the street to said garage. Turnaround areas will not be provided unless specifically required by the municipal authorities. Should the Municipal Authorities require the driveway or any portion thereof be paved with asphalt or concrete, then the buyer agrees to pay the seller for the cost of said pavement in addition to the purchase price mentioned here in. If the "Town" requires additional driveway paving, other than the "opening" which is bonded by the buyer, buyer will be responsible for that cost.  Additional driveway provisions are contained in item #23.  

31.Specifications and Performance: All work performed by the seller shall be done in a workman like manner in accordance with applicable Industry standards. The premises shall be delivered to the buyer in a broom clean condition. Windows, floors, bath fixtures, etc. will not be washed. Kitchen cabinets, doors, moldings, etc. will not be polished.  Material specifications will be in accordance with all applicable requirements of the State of New Jersey, Departments of Community Affairs, Division of Housing, Bureau of construction
Code Enforcement. The dwelling will be constructed similar to the model homes shown the
buyer and the floor plan and specifications sheet attached hereto as Schedule B. However,
the seller reserves the right to substitute manufactures and/or building material of equal or
better quality than the ones proposed, if he so desires.

32. Entire Agreement: This writing contains the entire agreement between the parties, and no agent, representative, salesman or officer of the parties heretofore has authority to make or has made any statement, agreement or representation, either oral or written, in connection herewith, modifying adding to or changing the terms and conditions set forth herein. No dealings between the parties or customer shall be permitted to contradict, vary add to or modify the terms and conditions hereof. Seller is not responsible or liable for any agreement, conditions or stipulations not specifically set forth herein relating to or affecting the said property. No modifications of this agreement shall be binding unless such modifications shall be in writing and signed by the parties hereto.

33.  Propane fuel clause is as follows: 2 Tanks @ 200 C. Ft. will be installed on the exterior of the home or A Underground 500 C. Ft. Propane tank may be installed for an additional cost of $ 500.00.  In the later case Buyer is responsible for propane tank contract as per propane supplier chosen by seller.  Buyer may buy tank and change the tank "head" to change propane companies.  If buyer wishes to change or buy tank, it is buyers responsibility.  Buyer may also buy tank for approximately  $ 1400.00 (contact Yankee Propane for cost of tank).  Seller shall have final determination in this matter.  Propane fuel for heat and or optional hot water in tank shall be prorated by propane company at closing.  In the former case Seller installs two above ground 200  cubic  foot (approximate) tanks that have a total capacity similar to one under ground tank at no charge and Buyer then may change propane supplier at will and has no lease.  Seller may place those tanks according to the best judgment of the seller and the plumber. 

34. John T. Cerutti is a licensed realtor and president of Designs by John, Inc..

Seller: _____________________________L.S.  

Designs By John, Inc.
John T. Cerutti, President

Buyer: _____________________________L.S.

           _____________________________L.S.

 

 

 

 

 

 

 

 

 

 

 

Schedule A

Modular Home_________________Serial #_______________

(name of home manufacturer and model)

Contains the following insulation specifications:

 

Location

Types of Insulation

Thickness

R Value

Floor

     

Exterior Walls

   

19

Ceiling

   

32

This insulation information was furnished by the home manufacturer and is disclosed in compliance with the federal Trade Commission Rule, Labeling and Advertising of Home Insulation, 16 CFR Section 460.16.

Name ________________Retailers Signature___________________

I hereby acknowledge receipt of this information and understand that a copy of this form will be included with my sales contract.

Date_________________ Customers Signature__________________

R-Values certified by manufacturer of insulation for thickness in this home.

Savings vary. Higher R-Values mean greater insulating power.

Reviewed and approved by the

Federal Trade Commission staff

Responsible for enforcement of

The Rule on Labeling and

Advertising of Home Insulation

February 2, 1983

Oc.#3198C

 

 

 

 

Schedule B

 

Attach floor plans and specification sheets, aka description of materials by USDA FHA of manufacturer here.

 

 

 

 

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Telephone
973-670-6767
FAX
973-702-1619
Postal address
P O Box 75, McAfee, New Jersey, 07428
All properties offered on this web site are offered by Mountain Resort Properties Broker located at P O Box 153 McAfee, NJ 07428  Phone: 973-827-6767.  John T. Cerutti is a licensed agent for this broker.
Designs by John, Inc. homes, specifications, prices and all aspects of the information on this web site are
subject to change without notice.  Errors and omissions are not the responsibility of Designs by John, Inc.
In addition the local municipality may change any and all plans to conform to the land use and
building codes in effect.  The use of our custom builders contract will  enable communication of any and
all details and specifications.  Greater than 1 Exterior stairs and all decks are not included in this offer.  All
garages when included are under the home, attached garages and lower level   "I" (eye) beams are an extra cost.  Design by John, Inc. homes do not include options such as shrubs, bay  window,  brick work or any other  option pictured or  featured but not offered  with the " standard (heritage) " modular home.  John T. Cerutti  possesses a real estate license in New Jersey.  This company may offer properties for sale for which it is the contractual owner.

You may purchase a web site of approximately this size and style for  $ 1 500.00*.   Comments, ?'s, Contact: Webmaster@DesignsbyJohn,Inc.  Pages Maintained by CRCreations, E-mail:CRCreations or Call 973-702-1619.   Copyright (c) 1999 Designs By John, Inc.  You may see other Web Sites created by Designs by John, Inc with prices by following these links: CrCreation.Com *contract required for this special offer. SSL is not included in this offer. 

Webmaster email: DesignsJohn.Com  http://www.crcreations.com/ http://www.crcreation.com/ http://www.jewelrywoman.com/ http://mmongullacpa.com/  http://www.desgnsjohn.com, http://www.designsbyjohninc.com
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Woman Skiing skier 3548 3D 2.9 grams 14 KT yellow gold,Ballet shoes 6109 1.7 grams 14 Kt. Gold, (click for Info) 1 1/8”Comedy and Tragedy 6095 2.1 grams 14 Kt. GoldMilitary Airplane Stealth fighter bomber 4480 1.6 grams 14 Kt. G

 Earrings Hoop 13313 2 mm 2.7 grams 14Kt. Gold (click for Info) 1Earrings Shell 13041 3.1 grams 14Kt. Gold (click for Info) 3/4”Earrings Flower 13032 4.7 grams 14Kt. Gold (click for Info) 1” XEarrings Heart 13182 1.3 grams 14Kt. Gold (click for Info) 7/16”Earrings Cat 13056 2.5 grams 14Kt. Gold (click for Info) 3/4" X
Lyrical Dance 6146 4.6 grams 14 Kt Gold (click for Info) 1 7/8”XBallet Dance A 12295 4.6 grams 14 Kt. Gold, 100 % 14 Kt Gold PenCreated Opal Earrings leaver Flip Flops 18083 14Kt Gold 5.7 gramHelicopter 4465 1.8 grams 14 Kt. Gold pendant Actual size is 5/8Eagle Globe and Anchor 4646 6.4 grams 14 Kt. Gold (click for Inf
Dance Dance Dance 10817 0.9 grams 14 Kt. Gold (click for Info) 3Born to Tap 10819 1.2 grams 14 Kt. Gold (click for Info) 3/4”X 5
I am John Cerutti and happy to hear from you again.  Thank you again for visiting the many websites of John Cerutti.  Your orders will be shipped ASAP by John Cerutti.  Yes it will be delivered by US postal service.  Yes you get a free gift box.   Hi I'm John Cerutti and I will be handling your order every step of the way.  John Cerutti sells only gorgeous 100 % 14 Kt plumb GOLD jewelry to you for Christmas.  My products are 100 % 14 Kt gold or YOUR money back.
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Bio: John Cerutti adult taught and trained instruction in building homes.  later was referred that holds a him with conduct currently 
claimed the the homes are built by a modular company that any took place  on December 11, 1996 when the fore and  against  in This case  NEW JERSEY  STATE BOARD OF EXAMINERS THE CERTIFICATE OF builders licese Cerutti and Cerutti when Cerutti John Cerutti Cerutti, Cerutti Cerutti indicated Cerutti initially.  The commission that protects the the Director of the Commission building business and  charges of or conduct  engaging in a attempt conceal  anything learned  was confronted with  began working allegations .   state Board of Examiners reviewed a decision The construction job was a dog. After which employed as an clue mobility Cerutti  division was of the blind and  might need a Law Judge (ALJ) Ken Springer heard  tenure charges records (Initial Decision, slip op. ).  her and a began in that this that C.B. Fry, was "and fragile" and "easy prey." (Initial Decision, slip op. at 4).  C.B.  Since he was the only to the county in which C.B. lived, Don't forget CB Sully Sullenberger Rejected 2 Airport Landings before Cerutti was given her case. instruction to C.B. on between  On the other hand, C.B. that she and Cerutti had had  on a number of dates that Cerutti had listed as work sessions. (Initial Decision, slip op. at 5-8).  he was with C.B.,  it.  (Initial Decision, slip op. at 8).   News Flash : March 1998 a guide dog was seen on the streets of Morristown Seeing Eye but state time submissions several days later the dog was emotionally frail from Seeing Eye in Long Island, NY thirteen occasions not New Jersey.  The  urging with by  C.B. or Curb Barriers (C.B.) C.B. in construction and C.B. corner bars instructor assigned the training to have a relationship in an  to  his  use of and  C.B but the C B radio did not work it was a C.B. from Tennasee.    The ORDER OF SUSPENSION DOCKET NO: 615-05/98-0202  Then in 1994, again in December 1994 and May 1995 and as C.B.’s in 1985. From 1985 through 1988, on . late 1991. at 4 on November 12, 1998.   Springer spaniel Named ALJ  or Al J Sounds like O J, get it ALJ Springer or a The dogs lost hearing after post-hearing had good friends sexual relationship of his The certified dog sexual Commission which sexual involvement she although an testimony on sexual relationship her guide dog was pregnant.   We looked for additional pups to make sure additional since was dying and that was not a good mobility and  training idea.  In the matter of fact it was in his reports  during lunch and therefore the Springer Spaniel was on his own time. But the breeders were more interested in the dogs ability to provided sexual acts as a stub to the bitches in the pound.  the record  and the ALJ an Initial Decision In that decision found that indicated that he DEPARTMENT OF  orientation EDUCATION OF : forwarded from his The Commissioner of Education Teacher of the 
Handicapped certificate mobility instructor. cane travel instructor tenured position with the New Jersey Commission for the Blind and Visually Impaired (hereafter Commission) Department of Human Services, relationship began at C.B.’s  but Jamie Hilton and Hilton Hotels ,  New Jersey N.J. New Jersey N.J. New Jersey N.J.visually Impaired The Commissioner of Education the case to the Office of Administrative Law (OAL). Administrative JOHN CERUTTI At its meeting of May 4, 1999, 
dog threatening falsifying John Cerutti Cerutti, charged  and issued unbecoming client, unbecoming dismissed his customer for that had using testified receiving after originated transmitted 
 
  using testified receiving after originated transmitted