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Description of
accessories and/or special equipment, included for sale in this
agreement. Please circle each item that remains with the home when
sold and write in extras not listed below, all items so circled or
listed are also deemed to be free and clear of any or all liens,
encumbrances, etc., unless so stated in writing on this document.
Please initial the end of this paragraph if any are circled and/or
added:
Refrigerator |
Range | Dishwasher | Washer | Dryer | Decks | Awnings | Storage shed
| Air-conditioner | Heat Pump | Window Coverings | Axles/Hitch
Extras, Initials x____ /
____
Legal Owner (Bank,
etc.):
Phone:
Address:
City:
State:
Zip:
Account #:Payoff:
$ Good
Thru: Per Diem:
$
Cash to
Seller (s) $ on
the above described property: less any liens, encumbrances, excise
and personal property taxes. This is the actual amount Seller (s) is
willing to accept with the express understanding that Mazza
Homes, Inc . &/or its Assigns will sell this home for a
higher, yet to be determined, price.
Possession of
said property to be delivered to Buyer (s)) no later than 14
days after close of escrow and/or funding, unless otherwise
indicated or agreed upon by Seller (s)) in writing. |
Listing
Agreement.
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For and in
consideration of the services performed by MAZZA HOMES, Inc.,
Seller (s)) hereby grants the exclusive right to sell the above
property, through MAZZA HOMES, Inc., and/or their
Agents/Assigns/Licensed Members. Seller gives MAZZA HOMES,
Inc., the full rights and irrevocable authority to transfer,
sell, consign or assign this contract as MAZZA HOMES, Inc.,
deems necessary to sell or accomplish sale of said property as
listed above without any additional compensation due to seller
other than as listed herein.
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Seller (s))
agrees to these terms effective
, for a
mutually agreed price between Seller (s)), Agent and/or their
Assigns of $on the terms set forth herein or
upon any other price or terms acceptable to both parties and set
forth in writing. The employment and authority to sell shall be
irrevocable until midnight on. In the event a
Purchaser is secured, Seller (s)) agrees that MAZZA HOMES,
Inc., shall retain a specific, unspecified commission or
fee, from the Selling Dealer/Realtor or Buyer. Selling
Agent/Dealer or Assign shall retain any proceeds from the sale
over and above the agreed price to Seller (s)) as stated herein
to reimburse said Assign for its services.
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If, within
30 days after termination of this listing, MAZZA HOMES, Inc.,
their Agent or Assigns notifies Seller (s)) personally or by
regular mail in writing that, during its term, said Agent or
Assigns negotiated with persons named by Agent therein and sale
is made within 120 days after termination of this contract to
any person (s)) so named, Seller (s) agrees to honor this
agreement in excess of its time limit to allow all parties time
to secure financing and/or otherwise complete a contracting for
the purpose of a sale.
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Seller (s)
acknowledges that any sale is subjected to Manufactured Home
remaining in place and conditional upon the approval of the park
management to allow buyer (s) to rent or lease the land or lot.
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Breach.
During the term of this Agreement, the following actions shall
be considered a default and breach of this Agreement by Seller
(s):
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Sale of said property
by Seller (s).
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Sale of said property
by another Broker or Agent.
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Transfer or
conveyance of said property.
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Withdrawal from the sale by
Seller (s) without Agent’s written approval.
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Damages. Seller
(s) and MAZZA HOMES, Inc., agree that it will be
virtually impossible to fix the actual damages suffered by
Agent because of Seller’s default and that an amount equal
to 5% of the appraised cash value or the sale price, whichever
is greater, constitutes a reasonable estimate of such damages,
that Agent shall be paid such amount as liquidated damages in
the event of Seller’s breach and default. Seller (s) agrees
to also reimburse MAZZA HOMES, Inc., $500 if Seller (s)
elects to cancel this Agreement during the term.
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Deposits. If a
Buyer defaults and a deposit is forfeited, the whole deposit
thereof shall go to MAZZA HOMES, Inc., to offset costs.
- Evidence of a valid
title is to be in the form of the Certificate of Ownership
of Vehicles as customarily used in the State of WA.
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Clear title.
Seller (s) hereby guarantees that there are no obligations and
encumbrances against said Manufactured Home other than stated
on this form or attachments hereto which Seller (s) and Agent
initial.
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No Warrantee on
Home. Even though a used Manufactured/Mobile Home is
commonly sold "As-Is", as an act of fairness and
full disclosure Seller (s) warrants to MAZZA HOMES, Inc.,
and Buyer (s) that all electrical and plumbing systems,
furnace, hot water heater, appliances and safety equipment
which remain with home at time of sale are in a safe and
workable condition at sale.
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Legal remedies.
If MAZZA HOMES, Inc., shall file any action or bring
any proceedings against Seller (s) to enforce any provisions
of this contract, then and in that event, and in addition to
all other sums, Seller (s) shall pay unto MAZZA HOMES,
Inc., actual attorney’s fees, to be fixed by the Court
wherein such judgment shall be entered and costs.
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Liability, Risk of
Loss: During the term of this Agreement, the risk of loss
shall remain with the Seller (s) even though the Agent may be
granted custody or possession of the property for purpose of
sale. Under no circumstances is the Agent responsible for
vandalism, theft or damage of any nature whatsoever to the
property.
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Term of Listing.
Seller (s) hereby agrees to allow 120 days for this listing to
be in effect and furthermore agrees to work with only MAZZA
HOMES, Inc. , or its specific Agents, Assigns or Dealers
assigned such rights by MAZZA HOMES, Inc.
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SELLER (S) HEREBY AGREES NOT
TO DISCUSS ANY TERMS OR PRICES WITH PROSPECTIVE BUYERS
THIS WILL BE CONSIDERED A
BREACH OF CONTRACT
Initialed by Seller
(s) _________ / _________
RECEIPT OF A COPY OF THE
ABOVE EXCLUSIVE LISTING IS HEREBY ACKNOWLEDGED
Initialed by Seller
(s) _________ / _________
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The Seller (s)
hereby acknowledges that he/she has read the entire Agreement above
has initialed any changes thereto, completely understands the
contents and terms of the Agreement and also warrants that the facts
and representatives made by him therein are true and correct. |
Seller
__________________________________________________ Date: ____________
Seller
__________________________________________________ Date:_____________
Accepted by:
_______________________Mazza Homes, Inc., Agent
Date:_____________
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