ref. Handbook 4000.1 form HUD-9548 (8/2016)
Previous editions are obsolete
Conditions of Sale
A. All assessments, including improvement assessments which are
available for payment without interest or penalty for advance pay-
ment, taxes, rent, and ground rent, if any, shall be prorated as of the
B. Seller makes no representations or warranties concerning the
condition of the property, including but not limited to mechanical
systems, dry basement, foundation, structural, or compliance
with code, zoning or building requirements and will make no
repairs to the property after execution of this contract. Pur-
chaser understands that regardless of whether the property is
being financed with an FHA-insured mortgage, Seller does not
guarantee or warrant that the property is free of visible or hidden
structural defects, termite damage, lead-based paint, or any
other condition that may render the property uninhabitable or
otherwise unusable. Purchaser acknowledges responsibility for
taking such action as it believes necessary to satisfy itself that the
property is in a condition acceptable to it, of laws, regulations and
ordinances affecting the property, and agrees to accept the prop-
erty in the condition existing on the date of this contract. It is
important for Purchaser to have a home inspection performed on
the property in order to identify any possible defects. If FHA
insured financing is used, up to $200 of the cost to perform the
inspection may be financed into the mortgage. Names of home
inspection companies can be found in the yellow pages of your
telephone directory under the heading “Home Inspection Services.
C. If financing is involved in this transaction (Item 4), Purchaser agrees
that should he/she/it fail to provide documentation indicating that
proper loan application was made in good faith within 10 calendar
days of the date this contract was accepted by Seller, and/or
thereafter otherwise to put forth good faith efforts to obtain necessary
financing, Seller shall have the option of rescinding this contract and
retaining all or a portion of Purchaser's earnest money deposit.
D. Seller may rescind this contract and return all or a portion of
Purchaser's earnest money deposit under the following conditions:
1. Seller has not acquired the property.
2. Seller is unable or unwilling to remove valid objections to the title
prior to closing.
3. Seller determines that purchaser is not an acceptable borrower.
Tender of the deposit shall release the Seller from any and all claims
arising from this transaction.
E. Purchaser may not perform repairs nor take possession of the prop-
erty until sale is closed. Risk of loss or damage is assumed by Seller
until sale is closed, unless Purchaser takes possession of the property
prior thereto, in which case State law shall apply. (1) If sale involves
FHA insured financing and after damage the property no longer
meets the intent of Minimum Property Standards (MPS), Seller may,
at its option, perform repairs or cancel the contract and return
Purchaser’s full earnest money deposit. If, after damage, the prop-
erty still meets the intent of MPS, Purchaser has the option of
accepting the property as-is, with a purchase price adjustment at
Seller’s sole discretion, or cancelling the contract and receiving
refund of full earnest money deposit. (2) If sale does not involve
FHA insured financing, Seller will not repair damage but may, at
Seller’s sole discretion, reduce the sale price. Purchaser has option
to cancel the contract and receive refund of full earnest money
deposit. Tender of the earnest money shall release Seller from any
claims arising from this transaction.
F. If this property is being offered with FHA insured mortgage financ-
ing available, Seller's acceptance of this contract constitutes a
commitment to insure, conditioned upon Purchaser being determined
by Seller or Direct Endorsement Underwriter to be an acceptable
borrower and further conditioned upon Seller's authority to insure the
mortgage at the time the sale is closed.
G. Purchaser understands that Seller's listing price is Seller's esti-
mate of current fair market value.
H. No member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this contract or to any benefit
that may arise therefrom, but this provision shall not be construed to
extend to this contract if made with a corporation for its general
I. Purchaser and Seller agree that this contract shall be binding upon
their respective heirs, executors, administrators, successors or as-
signs but is assignable only by written consent of the Seller.
J. If this property was constructed prior to 1978, Seller has inspected for
defective paint surfaces (defined as cracking, scaling, chipping,
peeling or loose paint on all interior and exterior surfaces). Seller’s
inspection found no defective paint surfaces, or if defective paint
surfaces were found, Seller has treated or will treat such defective
surfaces in a manner prescribed by Seller prior to closing. Purchaser
understands and agrees that the Seller’s inspection and/or treat-
ment is not intended to, nor does it guarantee or warrant that all
lead-based paint and all potential lead-based paint hazards have
been eliminated from this property. Purchaser acknowledges that
he/she/it has received a copy of a pamphlet which discusses lead-
based paint hazards and has signed, on or before the date of this
contract, the Lead-Based Paint Addendum to Sales Contact - Prop-
erty Built Before 1978. Purchaser understands that the Lead-Based
Paint Addendum must be signed by all Purchasers and forwarded to
Seller with this contract. Contracts which are not in conformance
with these requirements will not be accepted by Seller.
K. The effective date of this contract is the date it is accepted (signed)
by the Seller.
L. If the amount stated in Item 5 exceeds actual and typical financing
and/or closing costs, such excess shall not be paid by Seller and may
not be used by Purchaser to reduce amount(s) due Seller.
M.Seller’s policies and requirements with regard to earnest money
(including forfeiture thereof), extensions of time in which to close
the sale, back-up offers, and allowable financing and/or closing costs
are detailed in instructions issued to selling brokers.
N. Seller makes no representations or guarantees that the property will,
in the future, be eligible for FHA insured mortgage financing,
regardless of its condition or the repairs which may be made.
O. Warning: Falsifying information on this or any other form of
the Department of Housing and Urban Development is felony.
It is punishable by a fine not to exceed $250,000 and/or a
prison sentence of not more than two years. (18 U.S.C. 1010,
P. This contract contains the final and entire agreement between Pur-
chaser and Seller and they shall not be bound by any terms, condi-
tions, statements, or representations, oral or written, not contained in