115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177*
working condition of the item, including pitted marcite; missing or torn screens other than missing pool cage or screen
room screens; fogged windows; tears, worn spots and discoloration of floor coverings/wallpapers/window treatments;
nail holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tile/fixtures/mirrors; and
minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors.
(2) Professional Inspection: Buyer may have warranted items inspected by a person who specializes in and holds an
occupational license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain
the items inspected (“professional inspector”). Buyer must, within 5 days from the end of the Inspection Period, deliver
written notice of any items that are not in the condition warranted and a copy of the inspector’s written report, if any, to
Seller. If Buyer fails to deliver timely written notice, Buyer waives Seller’s warranty and accepts the items listed in
subparagraph (a) in their “as is” conditions, except that Seller must meet the maintenance requirement.
(3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up
to the Repair Limit. Seller may, within 5 days from receipt of Buyer’s notice of items that are not in the condition
warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the
first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will
choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to
repair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner
by an appropriately licensed person. If the cost to repair warranted items exceeds the Repair Limit, either party may
cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to
Seller not exceeding the Repair Limit and accepts the balance of the Property in its “as is” condition.
(b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant life, including termites, powder-post
beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences.
Buyer may, at Buyer’s expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to
determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. If the
inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector’s written report to Seller within 5
days from the date of the inspection. Seller is not obligated to treat the Property if all the following apply (i) there is no visible live
infestation, (ii) the Property has previously been treated, and (iii) Seller transfers a current full treatment warranty to Buyer at
closing. Otherwise, Seller will have 5 days from receipt of the inspector’s report to have reported damage estimated by a
licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have
treatments and repairs made by an appropriately licensed person at Seller’s expense up to the Termite Repair Limit. If the cost
to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, failing which either party may
cancel this Contract. If Buyer fails to timely deliver the inspector’s written report, Buyer accepts the Property “as is” with regard
to wood-destroying organism infestation and damage, subject to the maintenance requirement.
(c) Walk-through Inspection: Buyer may walk through the Property solely to verify that Seller has made repairs required
by this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through
inspection. If Buyer fails to conduct this inspection, Seller’s repair and maintenance obligations will be deemed fulfilled.
9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within
45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller’s expense,
restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time, Buyer
may accept the Property “as is” with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which
either party may cancel this Contract.
TITLE
10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or
guardian deed as appropriate to Seller’s status.
(a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with
current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential
use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government
regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and
encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller’s choice of one of
the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in
Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County.
(1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and
subject only to title exceptions set forth in this Contract.
(2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be
certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the
Property recorded in the public records of the county where the Property is located and certified to Effective Date.
However, if such an abstract is not available to Seller, then a prior owner’s title policy acceptable to the proposed
insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format
acceptable to Buyer’s closing agent from the policy effective date and certified to Buyer or Buyer’s closing agent,
together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to
Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date.
(b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of
title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from
Buyer (_____) (_____) and Seller (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages.
FAR-6 Rev. 10/00 ©2000 Florida Association of R
EALTORS® All Rights Reserved