Terms & Conditions
Buyer(s) agree to pay monthly payments to Seller, payable in the amount, interest and term stated herein above, until paid in full. The first installment being due and payable as shown above, and subsequent installments on the same day of each consecutive month until paid in full. Each payment shall be credited first on interest then due and then on the principal; and interest shall thereupon cease upon the principal so credited. If Buyer elected to pay by monthly recurring automatic payments transferred directly from Buyer’s financial or credit card account to Seller, then the interest rate set forth above only applies if Buyer continues to make recurring automatic payments for the life of the loan. If Buyer cancels recurring automatic billing enrollment or if Seller is unable to successfully process reoccurring automatic payments, then any promotional rate will be lost and Seller may, at its sole discretion, increase the interest rate by up to, but not more than, Seller’s standard rate of 13.7%. Seller shall receive a late charge in the amount of $25.00 or 10% of the total monthly payment, whichever is greater, for any monthly payment which becomes more than 15 days delinquent and/or a service fee of $25.00 for any payment which is returned by payer’s bank. There is no pre-payment penalty. Time is of the essence in all matters pertaining to this agreement. Seller shall deliver to Buyer(s) a good and sufficient deed to the above-described property after thirty days of the completion of payments or payment in full, or before at Seller’s sole option. In the event of default in making any of the monthly installments, and such default continues for thirty (30) days, this agreement may be canceled at the option of the Seller without notice and any and all moneys paid by Buyer(s) shall be retained by Seller as damages.
Seller reserves the right to limit the amount of properties financed at one time to 3. Should Seller at their sole discretion, waive the financing limit of 3 and allow additional accounts, Seller also reserves the right to request an additional down payment on said purchases. Seller reserves the right to modify terms from time to time and make reasonable changes, at Seller’s discretion. This may include increasing monthly processing fees to adjust for inflation, or other changes deemed reasonable at seller’s discretion.
At time of final payment, a $350 payoff fee will be charged. Full payment will need to be settled prior to the completion of the deed.
Buyer(s) acknowledge the land is being purchased ‘AS-IS’, subject to whatever physical condition and location the parcel may be found at the time of sale, subject to all existing covenants, conditions, restrictions, reservations, exploration rights, easements, rights of way, assessments, zoning of record and any land use restrictions. All parcels sold by Seller are sold as residential property; Seller does not guarantee the suitability of property for any specific purpose and does not guarantee zoning. Seller may reserve mineral rights, if any, at Seller’s sole discretion, anytime prior to and including the recording of the deed to Buyer. Improvement bonds on the property are to be assumed by Buyer(s) in addition to the sale price. Buyer(s) acknowledges having inspected the property and investigated its suitability for any given purpose prior to purchasing, including availability of access and utilities or lack thereof, and hereby accepts the property ‘AS-IS’.
If the Buyer(s) is financing the property, the property taxes shall be paid monthly by the buyer and paid annually by the seller. Except in instances where the property taxes are extremely high, the seller will not adjust the Buyer’s payment during the life of the loan to adjust for increases in the annual property taxes. Instead, the seller shall collect an amount equal to 108% of the annual property taxes, each year, from the buyer (divided by 12 monthly payments, as described elsewhere in this agreement). This will allow the payment to remain the same during the life of the loan and should compensate the seller for increases in the taxes beyond what the buyer may have reimbursed to the seller.
Seller’s warranties are limited to these expressed warranties. (A) Title to the property is marketable title. (B) There are no liens other than recurring assessments. (C) Seller reserves the right to place a deed of trust on the parcel at any time, but warrants that such deed of trust shall be re-conveyed (removed) prior to a deed being recorded to Buyer. (D) Should Buyer(s) discover a breech of any of these warranties, Seller at its sole discretion shall (1) cure the breech or (2) cancel the sale and refund all moneys to Buyer(s). No oral representations may be relied upon. If Buyer chooses to use a title company, all expenses will be paid by the Buyer. Seller reserves the right to move escrow to a company of their choosing.
Buyer(s) will execute all documents required to complete this purchase within thirty (30) days or DEPOSIT WILL BE FORFEITED to Seller. Upon completion of payments or payment in full, Seller shall have the exclusive right to extend the recording for an additional period of ninety (90) days. Buyer hereby waives any right to stop the payment of or dispute any monies or credit card charges paid. Any refunds owed to Buyer for overpayment, or for any other reason, shall be disbursed to Buyer within 90 days of notice being delivered to Seller that such a refund is due. No preliminary title report or title insurance will be issued. If Buyer(s) should fail to perform any part of the contract, Buyer(s) WILL FORFEIT ALL MONIES PAID to Seller, and Seller shall have no further obligation to Buyer(s), or Seller at its sole discretion shall have the exclusive right to enforce this agreement while extending the recording date until all funds due the Seller have been paid in full. If an Affidavit of any kind is customarily recorded with documents in the State in which this property is located, Buyer expressly authorizes Seller to sign said Affidavit on Buyer’s behalf. Buyer understands and and agrees to follow all rules and procedures required by the county before making any improvements on the land. Property maintenance is the responsibility of the Buyer, and all fees imposed by the County and/or City will be the Buyer’s responsibility. Any fines, imposed by the county as a result of Buyer’s actions shall be paid by Buyer.
Buyer further agrees and understands that all sales are final. Seller may, at their sole discretion, collect from Buyer a "contract termination fee" of no more than $200.00 if Buyer does not fulfill the terms of this contract (including but not limited to: early termination of contract by Buyer or account closure due to non-payment). Collection of fee will take place in the form of (but is not limited to), a charge to Buyers credit card or bank account or as a fee added to any other existing land account Buyer has with Seller. Under no circumstance shall the documentation fee, shown above, be refunded.
LIMITATION OF LIABILITY
Buyer shall hold Seller harmless from and indemnify Seller for, from and against any and all claims raised by any third party against Seller resulting from the Seller’s interest hereunder and/or the acts of Buyer. Such indemnification shall include Seller’s reasonable attorney’s fees, costs and lost compensation or profits of Seller or their agents resulting from the preparation for and participation in any litigation. Buyer has personally inspected and investigated this parcel and hereby accepts the property as is. Buyer hereby releases and holds Seller harmless with respect to all liability, loss, damages, claims, suits, causes for action awards, decrees, judgments, or expense of any kind, including legal fees and costs in connection with the property arising out of personal injury, death, or property damage actually or allegedly arising from the condition of the property during any on-site and/or off-site inspections.
The parties agree that the venue of any legal action shall be in Clark County, WA and governed by the laws of the State of WA. In the event of a legal dispute where the claim is $5,000 or less, the parties agree to resolve the dispute utilizing binding arbitration. Under no circumstances shall the Seller’s liability exceed the amount paid by Buyer(s) to the Seller. Only in the event of court judgement shall the prevailing party be entitled to recover reasonable attorney’s fees and costs. The undersigned Buyer(s) agree to purchase the above-described real property on the Terms and Conditions stated herein.