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151 (c) Walk-through Inspection : Buyer may, on the day prior to closing or any other time mutually agreeable to the parties,
<br /> 152 conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that
<br /> 153 all Property is on the premises.
<br /> 154 (d) Disclosures:
<br /> 155 1 . Radon Gas : Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
<br /> 156 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
<br /> 157 and state guidelines have been found in buildings in Florida . Additional information regarding radon and radon testing
<br /> 158 may be obtained from your county public health unit.
<br /> 159 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building , if any is located on the
<br /> 160 Real Property.
<br /> 161 8 . OPERATION OF PROPERTY DURING CONTRACT PERIOD : Seller will continue to operate the Property and any
<br /> 162 business conducted on the Property in the manner operated prior to Contract and will take no action that would adversely
<br /> 163 impact the Property, tenants, lenders or business , if any. Any changes, such as renting vacant space , tha_ tmaterially affect
<br /> 164 the Property or Buyer's intended use of the Property will be permitted Xonly with Buyer's consent _ without Buyer's
<br /> 165 consent.
<br /> 166 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met
<br /> 167 and Buyer has timely given any required notice regarding the condition having not been met, Buyers deposit will be returned
<br /> 168 in accordance with applicable Florida laws and regulations.
<br /> 169 10. DEFAULT:
<br /> 170 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title
<br /> 171 marketable after diligent effort, Buyer may either ( 1 ) receive a refund of Buyer's deposit(s) or (2 ) seek specific
<br /> 172 performance. If Buyer elects a deposit refund , Seller will be liable to Broker for the full amount of the brokerage fee.
<br /> 173 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either ( 1 ) retain all
<br /> 174 deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this
<br /> 175 Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance . If
<br /> 176 Seller retains the deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all
<br /> 177 forfeited deposits retained by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee.
<br /> 178 11 . ATTORNEY'S FEES AND COSTS : In any claim or controversy arising out of or relating to this Contract, the prevailing
<br /> 179 party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees,
<br /> 180 costs and expenses.
<br /> 181 12 . BROKERS : Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to , a
<br /> 182 licensed real estate Broker other than :
<br /> 183 (a) List in Broker: Real Estate & Management Group, Inc.
<br /> 184 who is i9an agent of Seller a transaction broker a nonrepresentative and
<br /> 185 who will be compensated by x Seller Buyer both parties pursuant to a listing agreement other (specify)
<br /> 186 3% of the purchase price.
<br /> 187
<br /> 188
<br /> 189 (b) Cooperating Broker: N/A
<br /> 190 who is an agent of a transaction broker a nonrepresentative and
<br /> 191 who will be compensated by Buyer Seller both parties pursuant to an MLS or other offer of compensation to
<br /> 192 a cooperating broker other (specify)
<br /> 193 _ . _ . . .
<br /> 194 _ ..
<br /> 195
<br /> 196 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries,
<br /> 197 introductions , consultations and negotiations resulting in this transaction . Seller and Buyer agree to indemnify and hold
<br /> 198 Broker harmless from and against losses, damages, costs and expenses of any kind , including reasonable attorneys'fees at
<br /> 199 all levels, and from liability to any person , arising from ( 1 ) compensation claimed which is inconsistent with the representation
<br /> 200 in this Paragraph , (2) enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by
<br /> 201 Broker at the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475 , F . S . , as
<br /> 202 amended , or (4) recommendations of or services provided and expenses incurred by any third party whom Broker refers,
<br /> 203 recommends or retains for or on behalf of Buyer or Seller.
<br /> 204 13. ASSIGNABILITY ; PERSONS BOUND : This Contract may be assigned to a related entity, and otherwise Xis not
<br /> 205 assignable is assignable . The ter ' Buyer, " 'Seller" and " Broker" may be singular or plural . This Contract is binding
<br /> 206 upon Buyer, Seller and their he i s I o al representatives, successors and assigns (if assignment is permitted) .
<br /> 207
<br /> 208 Buyer and Sel ( acknowledge receipt of a copy of this page, which is page 4 of 5 Pages.
<br /> CC-2 01997 Florida Association of REALTORS® All Rights Reserved
<br /> This form produced by: F0 * 600-499-9612
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