buyer inspection contingency removal / notification ... file23.07.2013 · buyer inspection...

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Copyright 2013 © Tennessee Association of Realtors ® F4 – Buyer Inspection Contingency Removal / Notification, Page 1 of 2 Version 1/01/2013 BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION (Amendment to Purchase and Sale Agreement) The undersigned parties agree to and accept this inspection amendment to the Purchase and Sale Agreement with a 1 Binding Agreement Date of ________________________ (“Agreement”) for the purchase and sale of the real property 2 commonly known as: __________________________________________________________________________________ 3 as follows (SELECT ONE OF THE OPTIONS BELOW. THE SECTIONS NOT CHECKED WILL NOT BE PART OF 4 THIS AGREEMENT): 5 1. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 6 and is exercising Buyer’s right to immediately TERMINATE this Agreement with all Earnest Money refunded to 7 Buyer. Buyer is hereby providing a list of written specified objections which Buyer has discovered in good faith. 8 As additional consideration for Buyer’s right to terminate, Buyer shall deliver to Seller or Seller’s representative, 9 upon Seller’s request, a copy of all inspection reports pursuant to the Agreement. An Earnest Money 10 Disbursement and Mutual Release of Purchase and Sale Agreement is attached; 11 LIST OF SPECIFIED OBJECTIONS: 12 13 14 15 16 OR 17 2. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 18 and ACCEPTS the property in its present AS IS condition with any and all faults and no warranties expressed or 19 implied. Seller has no obligation to make repairs. However, Buyer has not waived their rights under the Final 20 Inspection paragraph of the Purchase and Sale Agreement; 21 OR 22 3. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 23 and is furnishing a written list of items which Buyer requires to be repaired and/or replaced with like quality or 24 value in a professional and workmanlike manner prior to the Final Inspection. Upon Seller’s request, Buyer shall 25 submit a copy of any supporting documentation or any portion thereof substantiating any item listed. 26 LIST OF ITEMS TO BE REPAIRED AND/OR REPLACED: 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OR 47 06/10/13 736 Heritage Dr, Madison, TN 37115 Please refer to buyer's inspection report. 1. Licensed contractor to replace temporary support posts in crawl space with posts of a permanent design and functionality. 2. Licensed contractor to correct water intrusion issue in crawl space and repair as recommended to prevent further water intrusion and accumulation in crawl space. 3. Repair buckling of floors caused by improper installation in living room. 4. Termite treatment and clear letter provided by seller. Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317A Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317A Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317A Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

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Page 1: BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION ... file23.07.2013 · buyer inspection contingency removal / notification (Amendment to Purchase and Sale Agreement) 1 The undersigned

Copyright 2013 © Tennessee Association of Realtors® F4 – Buyer Inspection Contingency Removal / Notification, Page 1 of 2 Version 1/01/2013

BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION (Amendment to Purchase and Sale Agreement)

The undersigned parties agree to and accept this inspection amendment to the Purchase and Sale Agreement with a 1 Binding Agreement Date of ________________________ (“Agreement”) for the purchase and sale of the real property 2 commonly known as: __________________________________________________________________________________ 3 as follows (SELECT ONE OF THE OPTIONS BELOW. THE SECTIONS NOT CHECKED WILL NOT BE PART OF 4 THIS AGREEMENT): 5

□ 1. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 6 and is exercising Buyer’s right to immediately TERMINATE this Agreement with all Earnest Money refunded to 7 Buyer. Buyer is hereby providing a list of written specified objections which Buyer has discovered in good faith. 8 As additional consideration for Buyer’s right to terminate, Buyer shall deliver to Seller or Seller’s representative, 9 upon Seller’s request, a copy of all inspection reports pursuant to the Agreement. An Earnest Money 10 Disbursement and Mutual Release of Purchase and Sale Agreement is attached; 11

LIST OF SPECIFIED OBJECTIONS: 12

13 14 15 16

OR 17

□ 2. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 18 and ACCEPTS the property in its present AS IS condition with any and all faults and no warranties expressed or 19 implied. Seller has no obligation to make repairs. However, Buyer has not waived their rights under the Final 20 Inspection paragraph of the Purchase and Sale Agreement; 21

OR 22

□ 3. Buyer has made any and all inspections available under the Inspection section of the Purchase and Sale Agreement 23 and is furnishing a written list of items which Buyer requires to be repaired and/or replaced with like quality or 24 value in a professional and workmanlike manner prior to the Final Inspection. Upon Seller’s request, Buyer shall 25 submit a copy of any supporting documentation or any portion thereof substantiating any item listed. 26

LIST OF ITEMS TO BE REPAIRED AND/OR REPLACED: 27

28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44

45 46

OR 47

06/10/13736 Heritage Dr, Madison, TN 37115

Please refer to buyer's inspection report.

1. Licensed contractor to replace temporary support posts incrawl space with posts of a permanent design and functionality.

2. Licensed contractor to correct water intrusion issue in crawlspace and repair as recommended to prevent further waterintrusion and accumulation in crawl space.

3. Repair buckling of floors caused by improper installation inliving room.

4. Termite treatment and clear letter provided by seller.

Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317AAuthentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317AAuthentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317AAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Page 2: BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION ... file23.07.2013 · buyer inspection contingency removal / notification (Amendment to Purchase and Sale Agreement) 1 The undersigned

Copyright 2013 © Tennessee Association of Realtors® F4 – Buyer Inspection Contingency Removal / Notification, Page 2 of 2 Version 1/01/2013

□ 4. Buyer WAIVES any and all inspection contingencies available under the Inspection section of the Purchase and 48 Sale Agreement except as to the Final Inspection section of the Purchase and Sale Agreement. 49

It is agreed by the parties hereto that all of the other terms and conditions of the aforementioned Agreement shall remain in 50 full force and effect other than as specifically modified herein. 51

The party(ies) below have signed and acknowledge receipt of a copy. 52

_____________________________________________ _____________________________________________ 53 BUYER BUYER 54

_______________ at __________ o’clock □ am/ □ pm _______________ at __________ o’clock □ am/ □ pm 55 Date Date 56

The party(ies) below have received and 57

□ ACCEPTED this Inspection Contingency Removal/Notification and agree to the above terms. 58

□ COUNTERED this Inspection Contingency Removal/Notification with Inspection/Repair Counter Proposal. 59

_____________________________________________ _____________________________________________ 60 SELLER SELLER 61

_______________ at __________ o’clock □ am/ □ pm _______________ at __________ o’clock □ am/ □ pm 62 Date Date63

NOTE: This form is provided by TAR to its members for their use in real estate transactions and is to be used as is. By downloading and/or using this form, you agree and covenant not to alter, amend, or edit said form or its contents except as where provided in the blank fields, and agree and acknowledge that any such alteration, amendment or edit of said form is done at your own risk. Use of the TAR logo in conjunction with any form other than standardized forms created by TAR is strictly prohibited. This form is subject to periodic revision and it is the responsibility of the member to use the most recent available form.

Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317A

Galen Johnson

D0C33BD2-36EC-43C3-B945

6/20/2013 12:27:35 PM

Galen Johnson

D0C33BD2-36EC-43C3-B945

6/20/2013 12:27:35 PM

Authentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317AAuthentisign ID: 08083E2D-9382-4D67-85DE-6D21C82C317AAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Jennifer Knap

3F89CEF0-5707-4041-8801

6/24/2013 11:42:28 AM

Jennifer Knap

3F89CEF0-5707-4041-8801

6/24/2013 11:42:28 AM

88

Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Jennifer Knap
Authentisign Accepted Checkbox
This Checkbox was accepted by Jennifer Knap on 6/24/2013 11:42:31 AM from the IpAddress: 173.164.25.66
Jennifer Knap
Authentisign Accepted Signature
This Signature was accepted by Jennifer Knap on 6/24/2013 11:42:28 AM from the IpAddress: 173.164.25.66
Page 3: BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION ... file23.07.2013 · buyer inspection contingency removal / notification (Amendment to Purchase and Sale Agreement) 1 The undersigned

Copyright 2013 © Tennessee Association of Realtors® F5 – Repair Counter Proposal, Page 1 of 1 Version 1/01/2013

REPAIR COUNTER PROPOSAL (Amendment to Purchase and Sale Agreement)

Counter # _____ This is a Counter Proposal from: 1 □ A. Seller to Buyer OR □ B. Buyer to Seller 2

The undersigned parties hereby accept the terms of Buyer’s Inspection Contingency Removal/Notification dated 3 _______________ relating to the Purchase and Sale Agreement with a Binding Agreement Date of ______________ for the 4 property known as: 5 ____________________________________________________________________________________________________ 6

Address, City, State, Zip 7 With the following exceptions: 8

9 10 11 12 13 14 15 16 17 18 19 20 21

ALL OTHER TERMS AND CONDITIONS IN THE BUYER INSPECTION CONTINGENCY 22 REMOVAL/NOTIFICATION ARE ACCEPTABLE TO THE UNDERSIGNED. ALL TERMS AND CONDITIONS 23 PROPOSED IN PREVIOUS REPAIR COUNTER PROPOSALS, IF ANY, ARE NOT INCLUDED IN THIS 24 REPAIR COUNTER PROPOSAL, UNLESS RESTATED HEREIN. 25 This Repair Counter Proposal shall be responded to in accordance with the terms of the Purchase and Sale Agreement. 26

The party(ies) below have signed and acknowledge receipt of a copy. 27

_____________________________________________ _____________________________________________ 28 SELLER / BUYER (Party making counter offer) SELLER / BUYER (Party making counter offer) 29

_______________ at __________ o’clock □ am/ □ pm _______________ at __________ o’clock □ am/ □ pm 30 Date Date 31

The undersigned has received and 32

□ ACCEPTED this Repair Counter Proposal. 33

□ REJECTED this Repair Counter Proposal. 34

□ COUNTERED this Repair Counter Proposal with Repair Counter Proposal # ________. 35

__________ o’clock □ am/ □ pm; this _______ day of ____________________, ____________. 36

_____________________________________________ _____________________________________________ 37 SELLER / BUYER (Responding Party) SELLER / BUYER (Responding Party) 38

NOTE: This form is provided by TAR to its members for their use in real estate transactions and is to be used as is. By downloading and/or using this form, you agree and covenant not to alter, amend, or edit said form or its contents except as where provided in the blank fields, and agree and acknowledge that any such alteration, amendment or edit of said form is done at your own risk. Use of the TAR logo in conjunction with any form other than standardized forms created by TAR is strictly prohibited. This form is subject to periodic revision and it is the responsibility of the member to use the most recent available form.

1

06/20/13 06/10/13

736 Heritage Dr, Madison, TN 37115

Seller will not do anything regarding water in crawl space. It hadrained the night before and the morning of the inspection. Pleaserefer to attached licensed contractor's report for explanation andsuggested maintenance.

Seller will have the support posts corrected as per the attachedlicensed contractor's letter.Seller will have termites treated and provide a clear termite letter.Seller will have living room floors repaired.

Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Jennifer Knap

D41746EB-A2E9-49BB-BB58

6/24/2013 11:42:49 AM

Jennifer Knap

D41746EB-A2E9-49BB-BB58

6/24/2013 11:42:49 AM

Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Jennifer Knap
Authentisign Accepted Signature
This Signature was accepted by Jennifer Knap on 6/24/2013 11:42:49 AM from the IpAddress: 173.164.25.66
Page 4: BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION ... file23.07.2013 · buyer inspection contingency removal / notification (Amendment to Purchase and Sale Agreement) 1 The undersigned

Frank’s Home Maintenance 3429 Harborwood Circle

Nashville, TN. 37214

615-578-1590

[email protected]

www.FranksHomeMaintenance.com 2013 Houzz.com Award Winner

Report/estimate for repairs at 736 Heritage Dr. Madison, Tn. 37115

After viewing the property, this is what I found.

1) The living room floor is buckling because the outside edges of the floor were cut too close to the

wall to allow for expansion. The baseboard needs to be removed and the floor edges need to be

cut until the floor relaxes. Sometimes, you have to cut the floor back enough and would install

shoemould along the baseboards to hide the cut marks. Whoever installed the floor should

happily come back and repair this. If they choose not to return, we can do it for 375.00

2) “temporary jacks” These jacks are adjustable jacks that are made to be temporary when holding

up main structures like the main beam of a house. However, these jacks are used often when

using to arrest a sagging or bouncy living room floor. I like using these for that purpose because

they are adjustable for the life if the jack.

They need to be placed on poured footers and set straight. The only problem I saw with the

ones installed was that on top of the footer, the installer placed wood before placing the jack.

The jack needs to be placed on the concrete to avoid wood to soil contact. Again, who ever

installed this should be happy to come back and correct it. If you need us to, we will do it for

250.00

Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C

Page 5: BUYER INSPECTION CONTINGENCY REMOVAL / NOTIFICATION ... file23.07.2013 · buyer inspection contingency removal / notification (Amendment to Purchase and Sale Agreement) 1 The undersigned

Frank’s Home Maintenance 3429 Harborwood Circle

Nashville, TN. 37214

615-578-1590

[email protected]

www.FranksHomeMaintenance.com 2013 Houzz.com Award Winner

3) Water marks in crawlspace. Looking under house, I found there was indeed moisture, however

the corner by the entrance has a positive drain installed to carry away any water that does enter

crawlspace and it appears to be working.

The water on the blocks appears to be a slow seep from the whole grade of the land, if it were a

major water intrusion the blocks would show signs of efflorescence (water pushing the minerals

of the concrete leaving very noticeable white streaks on the blocks).

I do not believe installing extra dirt along the front of the house or even adding a French drain

will completely solve this problem again due to the lay of the land.

Since the house is around 30 years old with no signs of moisture problems on the blocks or

wood structure, the most I would do is thuraseal the wet blocks. This is a concrete product

made to brush on in this application to lock out moisture. If you choose to do this, apply to the

blocks facing the front of the house. Below are some pictures better showing the lay of the

property.

Authentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642CAuthentisign ID: 3FCD31AF-9F6E-4670-98A3-B3A14BF8642C