Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association. All Rights Reserved Page 1 of 4 ___________ Purchase and Sale Contract for Residential Property (Revised 8/03) ____________ Seller’s Initials Buyer’s Initials

PURCHASE AND SALE CONTRACT

FOR RESIDENTIAL PROPERTY

Plain English Form published by and only for use of the Greater Rochester Association of REALTORS, Inc. and the Monroe County Bar Association.

COMMISSIONS OR FEES FOR THE REAL ESTATE SERVICES TO BE PROVIDED ARE NEGOTIABLE BETWEEN REALTOR AND CLIENT.

When Signed, This Document Becomes A Binding Contract. Buyer or Seller May Wish to Consult Their Own Attorney.

TO: __________________________________________ (Seller) FROM: _________________________________________ (Buyer)

OFFER TO PURCHASE

Buyer offers to purchase the property described below from Seller on the following terms:

1. Property Description. Property known as__________________________________________________________________ in the ❏ Town ❑ City ❑ Village of ___________________________________, State of New York, Zip _______________ also known as Tax No. _________________________________________________________________ including all buildings and any other improvements and all rights which the Seller has in or with the property. Approximate Lot Size: _______________________________. Description of buildings on property: ______________________________________________________________________________. 2. Other Items Included in Purchase. The following items, if any, now in or on the property are included in this purchase and sale, which Seller represents are owned by Seller: All heating, plumbing, septic and private water systems, lighting fixtures, flowers, shrubs, trees, window shades and blinds, curtain and traverse rods, storm windows, storm doors, screens, awnings, TV antennae, satellite dish and all related equipment and accessories, water softeners, sump pumps, window boxes, mail box, shed, fences, underground pet containment fencing with control devices, wall-to-wall carpeting and runners, exhaust fans, hoods, garbage disposal, electric garage door opener and remote control devices, intercom equipment, humidifier, security systems and security codes, smoke detectors, all fireplace screens and enclosures, swimming pool and all related equipment and accessories, central vacuum and all related equipment and accessories, and the following, if built-in: cabinets, mirrors, microwave ovens, stoves, ovens, dishwashers, trash compactors, shelving, basketball apparatus, outdoor playsets, and air conditioning (except window units). Buyer agrees to accept these items in their present conditions. Other items to be included in the purchase and sale are: ______________________________________________

___________________________________________________________________________________________________________.

Items not included are: ________________________________________________________________________________________. Seller represents that Seller has good title to all of the above items to be transferred to Buyer, and will deliver a Bill of Sale for the above items at closing. ❑ Seller shall cause any heating, plumbing, air conditioning, electrical systems and included appliances to be in working order at the time of closing, except for ____________________________________________________. The prior sentence shall not be construed as a warranty or guarantee after closing. 3. Price & Payment: The purchase price is __________________________________________________________________ Dollars $___________________. Buyer shall receive credit at closing for any deposit made hereunder. The balance of the purchase price shall be paid as follows: (Check and complete applicable provisions.) ❑ (a) Seller agrees to pay a loan fee of: ❑ ____% of the mortgage amount, ❑ ____% of the purchase price, or ❑ $______________

toward any of the following applicable expenses as authorized by the Buyer’s mortgage lender (not to exceed actual expenses paid): closing costs, prepaid items/escrows, points, buy down fees, FHA up front MIP, or VA funding fee.

❑ (b) Official bank draft or certified check at closing. ❑ (c) Mortgage Assumption pursuant to the terms and conditions of the Mortgage Assumption Addendum. ❑ (d) Seller Financing pursuant to the terms and conditions of the Seller Financing Addendum. 4. Contingencies. Buyer makes this offer subject to the following contingencies. If any of these contingencies is not satisfied by the dates specified, then either Buyer or Seller may cancel this contract by written notice to the other. (Check and complete applicable provisions.) ❑ (a) Mortgage Contingency. This offer is subject to Buyer obtaining and accepting a ________________________________

mortgage loan commitment in an amount not to exceed $________________________at an interest rate not to exceed ____________%, for a term of __________ years. Buyer shall immediately apply for this loan and shall have until _________________, 20____ to obtain and accept a written mortgage commitment. The conditions of any such mortgage commitment shall not be deemed contingencies of this contract but shall be the sole responsibility of Buyer. If the loan commitment requires repairs, replacements, or improvements to be made, or painting to be done, before closing, then Seller shall do the work and install the materials and improvements needed or have the same done, at Seller’s expense. However, if the cost of doing so exceeds $_________________, Seller shall not be obligated to have such work done, and Buyer will be allowed either to receive credit at closing for the above amount and incur any necessary expenses to comply with the loan commitment requirements, or to cancel this contract by written notice to Seller, and any deposit shall be returned to Buyer. Acceptance of a written mortgage commitment by Buyer shall be deemed a waiver and satisfaction of this contingency.

Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association. All Rights Reserved Page 2 of 4___________ Purchase and Sale Contract for Residential Property (Revised 8/03) ____________Seller’s Initials Buyer’s Initials

❑ (b) Sale and Transfer of Title Contingency. This offer is contingent upon the sale and transfer of title of Buyer’s existing propertypursuant to the terms and conditions of the Sale and Transfer of Title Contingency Addendum.

❑ (c) Attorney Approval. This contract is subject to the written approval of attorneys for Buyer and Seller within ______ calendardays, excluding Sundays and public holidays, from date of acceptance (the Approval Period). If either attorney (i) does notprovide written approval within the Approval Period or (ii) makes written objection to or conditionally approves (collectively, theObjections) the contract within the Approval Period and the Objection is not cured by written approval by both attorneys and all ofthe parties within the Approval Period, then (A) either Buyer or Seller may cancel this contract by written notice to the other andany deposit shall be returned to the Buyer or (B) the approving attorney may notify the other party (with a copy to any attorneylisted below) in writing that no approval has been received and that the noticed party has five (5) calendar days, inclusive ofSundays and public holidays, from receipt of the notice (Grace Period) to provide written attorney approval or disapproval of thecontract. The approving attorney shall provide to the noticed party (with a copy to any attorney listed below) a copy of theapproving attorney’s approval letter, whether conditional or not, along with the written notice of the Grace Period. If writtenattorney approval or disapproval is not provided to the approving attorney within the Grace Period, then this Attorney Approvalcontingency shall be deemed waived by the noticed party and any conditions in the approving attorney’s approval letter shall bedeemed accepted by the noticed party.

❑ (d) Waiver of Attorney Approval. This offer is not subject to the Buyer’s attorney approval.❑ (e) Property Inspection Contingency. This offer is contingent upon inspection(s) of the property pursuant to the terms and conditions of the Property Inspection Addendum.❑ (f ) Other Contingencies. ____________________________________________________________________________________

______________________________________________________________________________________________________.

5. Closing Date and Place. Transfer of title shall take place at the __________________________ County Clerk’s Office or at theoffices of Buyer’s lender on or before ______________________, 20 _____.

6. Possession of Property.❑ (a) Buyer shall have possession of the property on the day of closing, in broom-clean condition, with all keys to the property delivered

to Buyer at closing.❑ (b) Seller shall have the right to retain possession for ____ calendar days after closing at the cost of $ ________ per day inclusive of

real property taxes, plus utilities. At closing, a key to the property shall be delivered to Buyer. At delivery of possession to Buyer,the property shall be in broom-clean condition and the remaining keys to the property shall be delivered to Buyer.

❑ (c) Buyer shall have right of early possession for _____ calendar days prior to closing at the cost of $_________ per day inclusive ofreal property taxes, plus utilities. At possession, the property shall be in broom-clean condition and a key to the property shall bedelivered to Buyer; the remaining keys shall be delivered to Buyer at closing.

In the event of retained possession or early possession, the parties shall enter into a written possession agreement, the form of whichshall be the Monroe County Bar Association’s recommended form, which agreement shall require a security deposit of $____________.

7. Title and Related Documents. Seller shall provide the following documents in connection with the sale:A. Deed. Seller will deliver to Buyer at closing a properly signed and notarized Warranty Deed with lien covenant (or Executor’s Deed,Administrator’s Deed or Trustee’s Deed, if Seller holds title as such).B. Abstract, Bankruptcy and Tax Searches, and Instrument Survey Map. Seller will furnish and pay for and deliver to Buyer orBuyer’s attorney at least 15 calendar days prior to the date of closing, fully guaranteed tax, title and United States Court Searchesdated or re-dated after the date of this contract with a local tax certificate for Village, or City taxes, if any, and an instrument survey mapdated or re-dated after the date of this contract. Seller will pay for the map or re-dated map and for continuing such searches to andincluding the day of closing. Any survey map shall be prepared or re-dated and certified to meet the standards and requirements ofBuyer’s mortgage lender and the Monroe County Bar Association.C. Other Documents. Seller agrees to furnish a smoke alarm affidavit at closing and to cooperate in executing any documentsrequired by federal or state laws for transfer of title to residential property.

8. Marketability of Title. The deed and other documents delivered by Seller shall be sufficient to convey good marketable title to theproperty in fee simple, free and clear of all liens and encumbrances. However, Buyer agrees to accept title to the property subject torestrictive covenants of record common to the tract or subdivision of which the property is a part, provided these restrictions have notbeen violated, or if they have been violated, that the time for anyone to complain of the violations has expired. Buyer also agrees toaccept title to the property subject to public utility easements along lot lines as long as those easements do not interfere with anybuildings now on the property or with any improvements Buyer may construct in compliance with all present restrictive covenants ofrecord and zoning and building codes applicable to the property. Except for waterfront property, Buyer also agrees to accept title to theproperty subject to fence encroachments of less than one foot onto the property, as long as the fence placement does not: (i) impairaccess to the property from a public or private right of way and/or (ii) render the property in violation of: (a) any applicable building,zoning and/or subdivision requirements and/or (b) any easements, agreements, or restrictive covenants of record.

9. Objections to Title. If Buyer raises a valid written objection to Seller’s title which indicates that the title to the property isunmarketable, Seller may cancel this contract by giving prompt written notice of cancellation to Buyer and Buyer’s deposit shall bereturned. However, if Seller is able to cure the title objection on or before the closing date, or if the title objection is insurable and Buyeris willing to accept insurable title, then this contract shall continue in force until the closing date, subject to the Seller curing the titleobjection and/or providing insurable title at Seller’s expense. If Seller fails to cure the title objection on or before the closing date, or, ifBuyer is unwilling to accept insurable title, Buyer may cancel this contract by giving prompt written notice of cancellation to Seller andBuyer’s deposit shall be returned.

Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association. All Rights Reserved Page 3 of 4___________ Purchase and Sale Contract for Residential Property (Revised 8/03) ____________Seller’s Initials Buyer’s Initials

10. Recording Costs, Mortgage Tax, Transfer Tax and Closing Adjustments. Seller will pay the real property transfer tax andspecial additional mortgage recording tax, if applicable. Buyer will pay mortgage assumption charges, if any, and will pay for recordingthe deed and the mortgage, and for the mortgage tax. The following, as applicable, will be prorated and adjusted between Seller andBuyer as of the date of closing, excluding any delinquent items, interest and penalties: current taxes computed on a fiscal year basis,rent payments, fuel oil on the property, water charges, pure water charges, sewer charges, mortgage interest, current common chargesor assessments, prepaid FHA Mortgage Insurance Premium (MIP) of approximately $________________, with the exact amount to becalculated at closing in accordance with FHA formulae. Any FHA insurance premium which is not prepaid, but rather paid monthly, shallbe adjusted at closing. If there is a water meter at the property, Seller shall furnish an actual reading to a date not more than 5 daysbefore the closing date set forth in this contract. At closing the water charges and any sewer rent shall be apportioned on the basis ofsuch actual reading.

11. Zoning. Seller represents that the property is in full compliance with all zoning and building ordinances for use as a__________________________________________________________. If applicable laws require it, the Seller will furnish at orbefore closing, a Certificate of Occupancy for the property, dated within 90 days of the closing, with Seller completing the work andinstalling the materials and improvements needed to obtain a Certificate of Occupancy. However, if the cost of obtaining a Certificate ofOccupancy exceeds $_______________, Seller shall not be obligated to have such work done, and Buyer will be allowed either toreceive credit at closing for the amount recited above, and incur the necessary expenses to obtain the Certificate of Occupancy, or tocancel this contract by written notice to Seller, and any deposit shall be returned to Buyer.

12. Risk of Loss. Risk of loss or damage to the property by fire or other casualty until transfer of title shall be assumed by the Seller.If damage to the property by fire or such other casualty occurs prior to transfer, Buyer may cancel this contract without any furtherliability to Seller and Buyer’s deposit is to be returned. If Buyer does not cancel but elects to close, then Seller shall transfer to Buyerany insurance proceeds, or Seller’s claim to insurance proceeds payable for such damage.

13. Condition of Property. Buyer agrees to purchase the property and any items included in the purchase AS IS except as provided inparagraph 2, subject to reasonable use, wear, tear, and natural deterioration between now and the time of closing. However, thisparagraph shall not relieve Seller from furnishing a Certificate of Occupancy as called for in paragraph 11, if applicable. Buyer shall havethe right to inspect the property within 48 hours before the time of closing, and Seller agrees that all utilities shall be on at that time.

14. Services. Seller represents the property is serviced by: ❑ Public Sewers, ❑ Septic System, ❑ Public Water, ❑ Private Well,❑ Other _____________________________.

15. Deposit to Listing Broker. Buyer ❑ has deposited ❑ will deposit within two calendar days of acceptance $___________________in the form of a __________________________ with ________________________________________ (Escrow Agent) at___________________________________________ (Bank), which deposit is to become part of the purchase price or returned if notaccepted or if this contract thereafter fails to close for any reason not the fault of the Buyer. If Buyer fails to complete Buyer’s part ofthis contract, Seller is allowed to retain the deposit to be applied to Seller’s damages, and may also pursue other legal rights Seller hasagainst the Buyer, including but not limited to a lawsuit for any real estate brokerage commission paid by the Seller.

16. Real Estate Broker.❑ (a) The parties agree that ______________________________________________________ brought about this purchase and sale.❑ (b) It is understood and agreed by Buyer and Seller that no broker brought about this purchase and sale.

17. Life of Offer. This offer shall expire on ________________________, 20______, at _________ .m.

18. Responsibility of Persons Under This Contract; Assignability. If more than one person signs this contract as Buyer, eachperson and any party who takes over that person’s legal position will be responsible for keeping the promises made by Buyer in thiscontract. If more than one person signs this contract as Seller, each person or any party who takes over that person’s legal position,will be fully responsible for keeping the promises made by Seller. However, this contract is personal to the parties and may not beassigned by either without the other’s consent.

19. Entire Contract. This contract when signed by both Buyer and Seller will be the record of the complete agreement between theBuyer and Seller concerning the purchase and sale of the property. No oral agreements or promises will be binding. Seller’srepresentations in this contract shall not survive after closing.

20. Notices. All notices under this contract shall be in writing and deemed delivered upon receipt. Any notices relating to this contractmay be given by the attorneys for the parties.

21. Seller’s Property Condition Disclosure Statement (check one).❑ (a) Seller has provided Buyer with the attached Seller's Property Condition Disclosure Statement.

❑ (b) Seller has not provided Buyer with Seller’s Property Condition Disclosure Statement, and Seller shall credit Buyer $500.00 at closing in lieu of such Statement.❑ (c) Is not applicable.

Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association. All Rights Reserved Page 4 of 4 Purchase and Sale Contract for Residential Property (Revised 8/03)

22. Addenda. The following Addenda are incorporated into and attached to and made a part of this contract:❑ Agricultural/Farming Disclosure ❑ Mediation ❑ Seller Financing❑ All Parties Agreement (FHA/VA) ❑ Mortgage Assumption ❑ Services (Septic & Water)❑ Electric Availability ❑ Property Inspecton ❑ Utility Surcharge❑ Lead Compliance ❑ Sale & Transfer of Title Contingency

❑ Other: ____________________________________________________________________________________________________.

Dated: _____________________________________________ BUYER __________________________________________________

Witness: ___________________________________________ BUYER __________________________________________________

❑❑❑ ❑ ACCEPTANCE OF OFFER BY SELLER ❑❑❑ ❑ COUNTER OFFER BY SELLERSeller certifies that Seller owns the property and has the power to sell the property. Seller accepts the offer and agrees to sell on theterms and conditions above set forth.❑ Waiver of Seller’s attorney approval. This offer is not subject to Seller’s attorney approval.

Dated: _____________________________________________ SELLER _________________________________________________

Witness: ___________________________________________ SELLER _________________________________________________

____________________________________________ ADMINISTRATIVE INFORMATION _____________________________________________

Property Address: __________________________________________________________________________ MLS# _____________

Seller: _________________________________________________ Buyer: _____________________________________________

Address: _______________________________________________ Address: ____________________________________________

_________________________________ Zip:__________________ _______________________________ Zip:_________________

Phones: (H) ___________________ (W) ______________________ Phones: (H) ___________________ (W) ___________________Attorney: ______________________________________________ Attorney: ____________________________________________

Address: _______________________________________________ Address: _____________________________________________

_________________________________ Zip:__________________ _______________________________ Zip:__________________

Phone: _____________________ Fax: ______________________ Phone: ____________________ Fax: _____________________

Listing Broker:__________________________________________ Selling Broker: ________________________________________

Address: _______________________________________________ Address: ______________________________________________

_________________________________ Zip: __________________ ____________________________________ Zip:__________________

Phone: ______________________ Fax: ______________________ Phone: _____________________ Fax: _____________________Listing Agent: __________________________________________ Selling Agent: ________________________________________

Other: ____________________________________ ID #__________ Other: _________________________________ ID#___________

ADDENDUM FORM To Purchase and Sale Contract ~ Property Inspection

Published by and only for use by the Greater Rochester Association of REALTORS®, Inc.

and the Monroe County Bar Association

SELLER ________________________________ BUYER _____________________________________ PROPERTY ___________________________________________________________________________

PROPERTY INSPECTION

This contract shall be contingent upon (check all that apply):

engineer’s, contractor’s, or home inspection service; radon; chimney; pest infestation;

other ______________________________________ inspection(s) to be made within _____ calendar

days of the acceptance of the contract, at Buyer’s expense. Seller agrees to have all utilities in service at

the time of the inspection(s). If Buyer is not satisfied with the inspection report(s), within _____ calendar

days after completion of all of the inspection(s), Buyer shall deliver to the Seller a written notice listing

the specific deficiencies and corrections needed, together with a copy of any relevant written inspection

report(s). Upon receipt of such notice, the Seller and Buyer shall have _____ calendar days to enter into a

written agreement addressing the Buyer’s objections. If a written agreement is not reached within the

time period stated, either Buyer or Seller may cancel this contract by written notice to the other and any

deposit shall be returned to the Buyer. Any work to be performed shall be completed 48 hours prior to

the closing date.

If this contingency is not satisfied or waived in writing within the time period stated, then either party

may cancel this contract by written notice to the other.

SELLER____________________________________ BUYER _________________________________ SELLER____________________________________ BUYER _________________________________ DATE ______________________________________ DATE __________________________________

Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association. All Rights Reserved Page 1 of 1

Addendum Form To Purchase & Sale Contract ~ Property Inspection (Revised 8/04)

form HUD-92564-CN (12/03)

US Department of Housing and Urban Development (HUD)

Federal Housing Administration

OMB Approval No: 2502-0538 (exp. 06/30/2006)

For Your Protection: Get a Home Inspection

Name of Buyer (s) _______________________________________________________________________________________________________

Property Address _______________________________________________________________________________________________________

_______________________________________________________________________________________________________

Why a Buyer Needs a Home Inspection

A home inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: • evaluate the physical condition: structure, construction, and

mechanical systems • identify items that need to be repaired or replaced • estimate the remaining useful life of the major systems,

equipment, structure, and finishes

Appraisals are Different from Home Inspections

An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers. An appraisal is required for three reasons:

• to estimate the market value of a house • to make sure that the house meets FHA minimum property

standards/requirements • to make sure that the house is marketable

FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you.

Radon Gas Testing

The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the National Radon Information Line at 1-800-SOS-Radon or 1-800-767-7236. As with a home inspection, if you decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test.

Be an Informed Buyer

It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may do so after signing the contract as long as your contract states that the sale of the home depends on the inspection.

I/we understand the importance of getting an independent home inspection. I/we have considered this before signing a contract with the seller for a home. Furthermore, I/we have carefully read this notice and fully understand that FHA will not perform a home inspection nor guarantee the price or condition of the property.

______ I/We choose to have a home inspection performed.

I/We choose not to have a home inspection performed.

X X

Signature & Date Signature & Date

DOS 1736 (11/06)

New York StateDEPARTMENT OF STATEDivision of Licensing Services Customer Service: (518) 474-4429P.O. Box 22001 Fax: (518) 473-6648Albany, NY 12201-2001 Web site: www.dos.state.ny.us

New York State Disclosure Form for Buyer and Seller

THIS IS NOT A CONTRACTNew York State law requires real estate licensees who

are acting as agents of buyers and sellers of property toadvise the potential buyers and sellers with whom theywork of the nature of their agency relationship and therights and obligations it creates. This disclosure will helpyou to make informed choices about your relationship withthe real estate broker and its sales associates.

Throughout the transaction you may receive more thanone disclosure form. The law requires each agent assistingin the transaction to present you with this disclosure form.A real estate agent is a person qualified to advise aboutreal estate.

If you need legal, tax or other advice, consult with aprofessional in that field.

Disclosure Regarding Real EstateAgency Relationships

Seller’s AgentA seller’s agent is an agent who is engaged by a seller torepresent the seller’s interest. The seller’s agent does this bysecuring a buyer for the seller’s home at a price and onterms acceptable to the seller. A seller’s agent has, withoutlimitation, the following fiduciary duties to the seller:reasonable care, undivided loyalty, confidentiality, fulldisclosure, obedience and duty to account. A seller’s agentdoes not represent the interests of the buyer. The obligationsof a seller’s agent are also subject to any specific provisionsset forth in an agreement between the agent and the seller.In dealings with the buyer, a seller’s agent should (a) exer-cise reasonable skill and care in performance of the agent’sduties; (b) deal honestly, fairly and in good faith; and (c)disclose all facts known to the agent materially affecting thevalue or desirability of property, except as otherwise pro-vided by law.

Buyer’s AgentA buyer’s agent is an agent who is engaged by a buyer torepresent the buyer’s interest. The buyer’s agent does this

by negotiating the purchase of a home at a price and onterms acceptable to the buyer. A buyer’s agent has, withoutlimitation, the following fiduciary duties to the buyer:reasonable care, undivided loyalty, confidentiality, fulldisclosure, obedience and duty to account. A buyer’s agentdoes not represent the interest of the seller. The obligationsof a buyer’s agent are also subject to any specific provisionsset forth in an agreement between the agent and the buyer.In dealings with the seller, a buyer’s agent should (a) exer-cise reasonable skill and care in performance of the agent’sduties; (b) deal honestly, fairly and in good faith; and (c)disclose all facts known to the agent materially affecting thebuyer’s ability and/or willingness to perform a contract toacquire seller’s property that are not inconsistent with theagent’s fiduciary duties to the buyer.

Broker’s AgentsAs part of your negotiations with a real estate agent, youmay authorize your agent to engage other agents whetheryou are a buyer or seller. As a general rule, those agentsowe fiduciary duties to your agent and to you. You are notvicariously liable for their conduct.

Dual AgentA real estate broker may represent both the buyer and sellerif both the buyer and seller give their informed consent inwriting. In such a dual agency situation, the agent will notbe able to provide the full range of fiduciary duties to thebuyer and seller. The obligations of an agent are also subjectto any specific provisions set forth in an agreement betweenthe agent, and the buyer and seller. An agent acting as a dualagent must explain carefully to both the buyer and sellerthat the agent is acting for the other party as well. The agentshould also explain the possible effects of dual representa-tion, including that by consenting to the dual agency rela-tionship the buyer and seller are giving up their right toundivided loyalty. A buyer or seller should carefully con-sider the possible consequences of a dual agency relation-ship before agreeing to such representation.

DOS 1736 (11/06)

Dual Agency with Designated SalesAssociatesIf the buyer and seller provide their informed consent inwriting, the principals or the real estate broker who repre-sents both parties as a dual agent may designate a salesassociate to represent the buyer and another sales associateto represent the seller to negotiate the purchase and sale ofreal estate. A sales associate works under the supervision ofthe real estate broker. With the informed consent of thebuyer sand the seller in writing, the designated sales associ-ate for the buyer will function as the buyer’ s agent repre-

senting the interests of the buyer and the designated salesassociate for the seller will function as the seller’s agentrepresenting the interests of the seller in the negotiationsbetween the buyer and seller. A designated sales associatecannot provide the full range of fiduciary duties to the buyeror seller. The designated sales associate must explain thatlike the dual agent under whose supervision they function,they cannot provide undivided loyalty. A buyer or sellershould carefully consider the possible consequences of adual agency relationship with designated sales associatesbefore agreeing to such representation.

This form was provided to me by the company named below:

Licensee or Associate of Licensee: (Signature) of

Company:

The above-named company, which is licensed as a Real Estate Broker is (check one)

( ) The Seller’s Agent ( ) A Dual Agent

( ) The Buyer’s Agent ( ) A Dual Agent With Designated Sales Associates

( ) The Broker’s Agent

If Dual Agent with Designated Sales Associates is checked:

is appointed to represent the buyer; and

is appointed to represent the seller in this transaction.

(I)(We) acknowledge receipt of a copy of this disclosure form:

Signature of ( ) Buyer(s) and/or ( ) Seller(s):

Date: Date:

This form must be copied as a one page, two-sided form.

ADDENDUM FORM to Purchase and Sale Contract

Plain English Form published by and only for use of the Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association.

SELLER _________________________________________ BUYER ___________________________________________________ PROPERTY ____________________________________________________________________ DATE ______________________

ADDENDUM FOR WELL AND SEPTIC SYSTEM This contract shall be contingent upon (check all that apply): [ ] Test for Potability of Well*; [ ] Test for Volume of Well*; [ ] Inspection of Septic System* and Pumping of Septic Tank to be completed within _____ calendar days of the acceptance of the contract at [ ] Buyer’s or [ ] Seller’s expense. Seller agrees to have utilities in service at the time of the inspection. If Buyer is not satisfied with the inspection report(s), within _____ calendar days after the inspection(s), Buyer shall deliver to the Seller a written notice listing the specific deficiencies and corrections needed, together with a copy of any relevant written inspection report(s). Upon receipt of such notice, the Seller and Buyer shall have _____ calendar days to enter into a written agreement addressing Buyer’s objections. If a written agreement is not reached within the time period stated, either Buyer or Seller may cancel this contract by written notice to the other and any deposit shall be returned to the Buyer. If this contingency is not satisfied within the time period stated, then either party may cancel this contract by written notice to the other, and any deposit shall be returned to the Buyer. If the test is performed at Buyer’s expense, the following paragraph shall apply: Whether or not the transaction closes, at the Buyer’s sole cost and expense, the property shall be restored, to the extent reasonably practical to do so, to the condition that existed immediately prior to the inspection; the restoration shall be completed on the same day as the inspection. If weather conditions require the restoration to be completed at a time other than the day of inspection, the Buyer shall deposit the sum of $ _________________ with the Seller’s attorney to be held in escrow to secure completion of the restoration of the property within _____ calendar days of the inspection. If not completed within the above stated time period, then Seller may complete the restoration and have the cost paid from the sum held in escrow, and any excess sum shall be returned to the Buyer. SELLER _______________________________________________ BUYER _____________________________________________ SELLER _______________________________________________ BUYER _____________________________________________ DATE _________________________________________________ DATE ______________________________________________

*See below for recommended water potability and volume and septic system inspection guidelines.

Test for Potability The well water must be tested by a State-certified laboratory or local heath authority in accordance with the latest, applicable local, State, HUD and EPA standards. Without limit, the results should indicate that the water was of a satisfactory bacteriological quality for drinking when collected and that the levels of lead and nitrate/nitrite in the water do not exceed the legal limits allowable in drinking water when collected. Definition of “satisfactory bacteriological quality” is “total coliform absent.” “When collected” indicates that the results could vary from date-to-date.

Test for Volume It is recommended that the well yield at least four gallons per minute at a stabilized drawdown for four hours. More or less may be required depending on individual property needs or the particular well design.

Septic Inspection Recommendations These recommendations are based upon information obtained from the Monroe County Department of Health. More or less may be required as determined by individual property needs and system designs. A professional contractor or engineer should be consulted. 1. Inspect Septic Tank(s) and Leach Field: b. Sump discharge away from septic system a. Liquid Level, if appropriate pump tank c. Fixtures drain properly (toilets flush) b. Inlet and outlet baffles making certain that they are intact 4. Check for Sewage Overflows or Discharges: c. Physical condition of tank. Is tank installation level? a. Actual overflow or evidence of previous overflow d. Determine size and location of tank and leaching field b. “Cheater” pipe to roadside or ditch or stream 2. Inspect Distribution Box: 5. Is the House Occupied? a. Liquid Level a. If the house has been unoccupied, the system’s b. Equal distribution of effluent operating condition cannot be determined c. Physical condition of box b. Number of current residents or daily flow 3. Inspect Internal Plumbing: 6. Current complaint on file with Health Department? a. Laundry waste connected to septic tank or separate dry-well NOTE: Steel tanks – although steel tanks may not be allowed for new construction, replacement with a concrete tank may not be required if the steel one is in acceptable condition and functioning properly.

Copyright © by Greater Rochester Association of REALTORS®, Inc, and the Monroe County Bar Association. All Rights Reserved Page 1 of 1 Addendum Form to Purchase and Sale Contract: Addendum for Well & Septic System (Revised 8/03)

ADDENDUM FORM

To Purchase and Sale Contract ~Utility Surcharges Published by and only for use by the Greater Rochester Association of REALTORS®, Inc.

and the Monroe County Bar Association

SELLER ________________________________ BUYER _____________________________________ PROPERTY ___________________________________________________________________________

Electric Availability

Utility Surcharge

Agricultural Districts/Farming Activity

ELECTRIC AVAILABILITY

Seller represents that electric utility service is is not currently available at the above-referenced property lot location.

SELLER____________________________________ BUYER _________________________________ SELLER____________________________________ BUYER _________________________________ DATE _____________________________________ DATE __________________________________

UTILITY SURCHARGE

Seller represents that this property is subject to an electric, and/or gas utility surcharge specified below. Seller also represents that this property is subject to such other surcharge specified below.

Type: electric gas other Purpose: _________________________________

Amount: $ ____________________ Payable: monthly yearly other _________ SELLER___________________________________ BUYER __________________________________ SELLER___________________________________ BUYER __________________________________ DATE ____________________________________ DATE ___________________________________

AGRICULTURAL DISTRICTS/FARMING ACTIVITY DISCLOSURE

Pursuant to Section 310 of the Agricultural and Markets Law, a notice containing the following paragraph must be included in all purchase contracts for property that may be located either partially or wholly within an agricultural district:

It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but are not limited to, activities that cause noise, dust, and odors. Prospective residents are also informed that the location of property within an agricultural district may impact the ability to access water and/or sewer services for such property under certain circumstances.

SELLER___________________________________ BUYER __________________________________ SELLER___________________________________ BUYER __________________________________ DATE _____________________________________ DATE ___________________________________

Copyright © by Greater Rochester Association of REALTORS®, Inc., and the Monroe County Bar Association All Rights Reserved Page 1 of 1 ~ Addendum Form To Purchase & Sale Contract ~ Utility Surcharges (Revised 8/04)

PERSONAL PROPERTY AGREEMENT

BUYER______________________________ SELLER________________________________

PROPERTY__________________________ CONTRACT DATE_______________________

FOR THE SUM OF: _______________________________ DOLLARS ($ )AND OTHER GOOD AND VALUABLE CONSIDERATION, THE BUYER AGREES TOBUY, AND THE SELLER AGREES TO SELL, THE FOLLOWING PERSONAL PROPERTYIN THEIR PRESENT CONDITION:

THIS AGREEMENT IS CONTINGENT UPON THE CLOSING OF PURCHASE AND SALECONTRACT FOR THE PROPERTY.

BUYER DATE SELLER DATE

BUYER DATE SELLER DATE