CCR2021042-Attachment (OTP)Approved by the Wisconsin Real Estate Examining Board
1/1/2021 (Optional Use Date) 2/1/2021 (Mandatory Use Date)Page 1 of 12, WB-13
WB-13 VACANT LAND OFFER TO PURCHASE
1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER)
2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE
3 The Buyer,
4 offers to purchase the Property known as
5
6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 650-664, or
7 attach as an addendum per line 686] in the of ,
8 County of Wisconsin, on the following terms:
9 The purchase price isPURCHASE PRICE
10 Dollars ($ ).
11 Included in purchase price is the Property, all Fixtures on the Property as of the dateINCLUDED IN PURCHASE PRICE
12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items:
13
14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included
15 or not included. Annual crops are not part of the purchase price unless otherwise agreed.
16 Not included in purchase price is Seller’s personal property (unless included atNOT INCLUDED IN PURCHASE PRICE
lines 12-13) and the following:17
18
19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented
and will continue to be owned by the lessor.20
21 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land so as to be
22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage
23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not
24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations
25 and docks/piers on permanent foundations.
26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 650-664 or in
27 an addendum per line 686.
28 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE
.29 on or before
30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer.
31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
32 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical
33 copies of the Offer.
34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term
35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance.
36 CLOSING This transaction is to be closed on
37
38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday,
39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day.
40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently
41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real
42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money
43 transfer instructions.
44 EARNEST MONEY
45 EARNEST MONEY of $ accompanies this Offer.
46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged.
47 EARNEST MONEY of $ will be mailed, or commercially, electronically
48 or personally delivered within days (“5” if left blank) after acceptance.
49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as
50 ) STRIKE THOSE NOT APPLICABLE
51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller).
52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an
53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special
54 disbursement agreement.
55 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing.
Phone: Fax:
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Realty Executives Integrity-Brookfield
April 2, 2021
Sylwia G Enerson
Woods Rd city lot, .6726 acres
of tax key no. 2227.989.012,
city Muskego
Waukesha
Sixty-Five Thousand
65,000.00
n/a
n/a
April 30, 2021
a future date mutually agreed to by all parties.
Realty Executives Integrity-Brookfield, 13005 W. Bluemound Rd. Brookfield WI 53005 262-783-7080 262-783-4885 Woods Rd
Monica Duerwachter
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 2 of 12, WB-13
56 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the
57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository
58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall
59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according
60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been
61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the
62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller;
63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4)
64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain
65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the
66 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement.
67 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties
68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest
69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party
70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified
71 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order
72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of
73 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their
74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good
faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional75
Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.76
TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)77
occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in78
this Offer except:79
. If “Time is of the Essence” applies to a date or Deadline,80
failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date81
or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.82
83 VACANT LAND DISCLOSURE REPORT Wisconsin law requires owners of real property that does not include any
84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from
85 the real estate transfer fee and sales by certain court-appointed fiduciaries, for example, personal representatives, who
86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02
87 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale . . ., to
88 the prospective buyer of the property a completed copy of the report . . . A prospective buyer who does not receive a report
89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale . . . by
90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if
91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is
92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding
93 rescission rights.
94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has
95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in
96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer
signing this Offer and that is made a part of this Offer by reference97 COMPLETE DATE OR STRIKE AS APPLICABLE
and98
99
100 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPORT
101 “Conditions Affecting the Property or Transaction” are defined to include:
102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property.
b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value103
104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other105
106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum
107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup
program, the DATCP Agricultural Chemical Cleanup Program, or other similar program.108
d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface109
foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous110
111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other
laws regulating such disposal; high groundwater; adverse soil conditions, such as low load-bearing capacity, earth or soil112
movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems.113
e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property.114
f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in115
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Woods Rd city lot, .6726 acres , ,
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 3 of 12, WB-13
116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other
117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission
118 lines located on but not directly serving the Property.
119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic
120 substances on neighboring properties.
h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the121
Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or122
atrazine, or any out-of-service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but123
that are not closed or abandoned according to applicable regulations.124
i. Defects in any septic system or other private sanitary disposal system on the Property; or any out-of-service septic125
system serving the Property not closed or abandoned according to applicable regulations.
j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or127
combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel128
storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may129
include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking;130
corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department131
of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use132
or not. Department regulations may require closure or removal of unused tanks.)133
k. Existing or abandoned manure storage facilities located on the property.134
l. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment;135
remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special136
purpose district, such as a drainage district, that has authority to impose assessments on the Property.137
m. Proposed, planned, or commenced public improvements or public construction projects that may result in special138
assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division139
involving the Property without required state or local permits.140
n. The Property is part of or subject to a subdivision homeowners’ association; or the Property is not a condominium unit141
142 and there are common areas associated with the Property that are co-owned with others.
143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain,
wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan144
required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that145
146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the
147 county.
148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning
ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation149
easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated150
with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization151
to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or152
education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of-153
way, nonowners having rights to use part of the Property, including, but not limited to, private rights-of-way and easements154
other than recorded utility easements.155
156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use-value assessment
157 conversion charge; or payment of a use-value assessment conversion charge has been deferred.
r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop158
Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program.159
160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will
be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or161
162 similar group of which the Property owner is a member.
163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint
164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but
165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages,
166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of
the Property or to the use of the Property such as a joint driveway, liens, and licenses.167
168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an
169 existing condition.
170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting
171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator.
172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide.
173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property.
174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or
175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property.
z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other176
177 Defect or material condition.
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Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 4 of 12, WB-13
aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property.178
179 Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).bb.
cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a180
lease agreement or an extension of credit from an electric cooperative.181
182 GOVERNMENT PROGRAMS:Seller shall deliver to Buyer, within days (“15” if left blank) after acceptance
of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs,183
184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation
agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest,185
Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with186
187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This
contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice188
189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or
190 payback obligation.
CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such191
programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program192
such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not193
194 continued after sale. The Parties agree this provision survives closing.
195 MANAGED FOREST LAND:If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL)
program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive196
197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders
198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the
MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the199
200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL
management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan201
202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land,
or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program203
and may result in the assessment of penalties. For more information call the local DNR forester or visit204
https://dnr.wisconsin.gov/topic/forestry .205
USE VALUE ASSESSMENTS:The use value assessment system values agricultural land based on the income that206
207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural
208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge.
To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's209
210 Equalization Bureau or visit http://www.revenue.wi.gov/.
211 FARMLAND PRESERVATION:The early termination of a farmland preservation agreement or removal of land from such
212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the
213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or
visit http://www.datcp.state.wi.us/for more information.214
215 CONSERVATION RESERVE PROGRAM (CRP):The CRP encourages farmers, through contracts with the U.S.
Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant216
217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as
218 certain incentive payments and cost share assistance for establishing long-term, resource-conserving ground cover.
Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service219
Agency office or visit http://www.fsa.usda.gov/220 .SHORELAND ZONING ORDINANCES:All counties must adopt uniform shoreland zoning ordinances in compliance with221
Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000222
223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards
for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that224
may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must225
conform to any existing mitigation plans. For more information call the county zoning office or visit https://dnr.wi.gov/.226
Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland227
228 zoning restrictions, if any.
FENCES:Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares229
230 where one or both of the properties is used and occupied for farming or grazing purposes.
231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and
occupied for farming or grazing purposes.232
233 PROPERTY DEVELOPMENT WARNING:If Buyer contemplates developing Property for a use other than the current use,
234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely
responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning235
236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses
and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals,237
estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental238
239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the
240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain
of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 686).241
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Woods Rd city lot, .6726 acres , ,
n/a
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 5 of 12, WB-13
242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these
243 contingencies.
244 PROPOSED USE CONTINGENCIES:This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or
245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on
lines 256-281 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)246
written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence247
248 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice,
249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions
250 checked at lines 256-281.
Proposed Use:Buyer is purchasing the Property for the purpose of:251
252
253 [insert proposed use
254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer’s condition to
purchase, e.g.1400-1600 sq. ft. three-bedroom single family ranch home in northwest corner of lot].255
ZONING:Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines256
251-255.257
SUBSOILS:Written evidence from a qualified soils expert that the Property is free of any subsoil condition that258
would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such259
development.260
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY:Written evidence from a261
certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must262
be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of263
the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of264
the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK265
ALL THAT APPLY conventional in-ground; mound; at grade; in-ground pressure distribution; holding266
tank; other:.267
EASEMENTS AND RESTRICTIONS:Copies of all public and private easements, covenants and restrictions268
affecting the Property and a written determination by a qualified independent third party that none of these prohibit or269significantly delay or increase the costs of the proposed use or development identified at lines 251-255.270
APPROVALS/PERMITS:Permits, approvals and licenses, as appropriate, or the final discretionary action by the271granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items272
related to Buyer’s proposed use:273
274 .275 UTILITIES:Written verification of the location of the following utility service connections (e.g., on the Property, at
the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE :276
277 electricity ;gas ; sewer ;
278 water ; telephone ; cable ;
279 other .
280 ACCESS TO PROPERTY:Written verification that there is legal vehicular access to the Property from public
281 roads.
282 LAND USE APPROVAL/PERMITS:This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither
stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY rezoning; conditional use permit;283
284 variance; other for the Property for its proposed use described at lines 251-255.
285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of
acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.286
MAP OF THE PROPERTY:This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller287
providing” if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared by288
289 STRIKE ONEa registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's) (Seller's)
290 (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres, maximum of
291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the
Property, the location of improvements, if any, and:292
293
STRIKE AND COMPLETE AS APPLICABLE Additional map features that may294
295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot
296 dimensions; total acreage or square footage; easements or rights-of-way.
297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required
298 to obtain the map when setting the deadline.
This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers299
to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially300
inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of301
302 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
n/a
n/a
n/a
n/a
n/a
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 6 of 12, WB-13
303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written
304 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller.
INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a305
306 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing
307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel
308 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or
309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s
310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the
311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise
312 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property.
313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of
314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any
315 other material terms of the contingency.
316 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed
317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to
318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be
319 reported to the Wisconsin Department of Natural Resources.
320 INSPECTION CONTINGENCY:This contingency only authorizes inspections, not testing (see lines 305-319).
321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date
322 on line 1 of this Offer that discloses no Defects.
323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an
324 inspection of
325 (list any Property component(s)
326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects.
327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided
328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent
329 inspector or independent qualified third party.
330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s).
331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s),
332 as well as any follow-up inspection(s).
333 This contingency shall be deemed satisfied unless Buyer, within days (“15” if left blank) after acceptance, delivers
334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the
335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects).
336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement.
337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent
338 of which Buyer had actual knowledge or written notice before signing this Offer.
339 NOTE: “Defect” as defined on lines 553-555 means a condition that would have a significant adverse effect on the
340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or
341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life
342 of the premises.
343 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects.
344 If Seller has the right to cure, Seller may satisfy this contingency by:
345 (“10” if left blank) days after Buyer's delivery of the Notice of Defects(1) delivering written notice to Buyer within
346 stating Seller’s election to cure Defects;
347 (2) curing the Defects in a good and workmanlike manner; and
348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing.
349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and:
350 (1) Seller does not have the right to cure; or
351 (2) Seller has the right to cure but:
352 (a) Seller delivers written notice that Seller will not cure; or
353 (b) Seller does not timely deliver the written notice of election to cure.
354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY.
355 FINANCING COMMITMENT CONTINGENCY:This Offer is contingent upon Buyer being able to obtain a written
356 [loan type or specific lender, if any] first mortgage loan commitment as described
357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $
358 for a term of not less than years, amortized over not less than years. Initial
monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s359
required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance360
premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees361
to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan362
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sources or obtaining a construction loan or land contract financing, describe at lines 650-664 or in an addendum attached363
364 per line 686. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly
apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow365
lender’s appraiser access to the Property.366
367 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise
provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments368
shall be adjusted as necessary to maintain the term and amortization stated above.369
CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372.370
371 %.FIXED RATE FINANCING:The annual rate of interest shall not exceed
372 ADJUSTABLE RATE FINANCING:The initial interest rate shall not exceed %. The initial interest rate
373 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if
374 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment.
375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if
left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.376
377 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer
378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment.
379 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment
380 (even if subject to conditions) that is:
(1) signed by Buyer; or381
(2) accompanied by Buyer’s written direction for delivery.382
383 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not satisfy
384 this contingency.
385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to
386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment
Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.387
SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357.388
389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of
390 written loan commitment from Buyer.
391 FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this
Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall392
promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of393
394 unavailability.
395 SELLER FINANCING:Seller shall have 10 days after the earlier of:
(1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or396
(2) the Deadline for delivery of the loan commitment on line 357,397
to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same398
399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly.
If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to400
401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit
worthiness for Seller financing.402
IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after403
acceptance, Buyer shall deliver to Seller either:404
(1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at405
406 the time of verification, sufficient funds to close; or
407 (2)
408 [Specify documentation Buyer agrees to deliver to Seller].
409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written
notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obtain410
mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s411
appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject412
to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of413
access for an appraisal constitute a financing commitment contingency.414
APPRAISAL CONTINGENCY:This Offer is contingent upon Buyer or Buyer’s lender having the Property appraised415
at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated416
subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than417
the agreed upon purchase price.418
This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy419
of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting420
to the appraised value.421
422 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure.
423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase
price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the appraisal424
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Woods Rd city lot, .6726 acres , ,
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Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 8 of 12, WB-13
report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated425
426 by either party after delivery of Seller’s notice, solely to reflect the adjusted purchase price.
427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written
428 appraisal report and:
429 (1) Seller does not have the right to cure; or
430 (2) Seller has the right to cure but:
431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or
432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal
433 report.
434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency.
435 CLOSING OF BUYER'S PROPERTY CONTINGENCY:This Offer is contingent upon the closing of the sale of
Buyer’s property located at436
437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall
438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a
439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close
440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of
441 bridge loan shall not extend the closing date for this Offer.
BUMP CLAUSE:If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another442
offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within443 hours (“72” if
444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following:
445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked;
446 (2) Written waiver of
447 (name other contingencies, if any); and
448 (3) Any of the following checked below:
449 Proof of bridge loan financing.
450 Proof of ability to close from a financial institution or third party in control of Buyer’s funds which shall provide
451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close.
452 Other:
453
454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)]
455 SECONDARY OFFER:This Offer is secondary to a prior accepted offer. This Offer shall become primary upon
456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer
457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other
458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to
459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7”
460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this
461 Offer becomes primary.
462 HOMEOWNERS ASSOCIATION If this Property is subject to a homeowners association, Buyer is aware the Property may
463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time
464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) STRIKE ONE (“Buyer” if neither is
465 stricken).
466 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values:
467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners
468 association assessments, fuel and .
469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used.
Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.470
Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :471
472 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate
473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE
474 APPLIES IF NO BOX IS CHECKED.
475 Current assessment times current mill rate (current means as of the date of closing).
476 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior
year, or current year if known, multiplied by current mill rate (current means as of the date of closing).477
.478
CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be479
substantially different than the amount used for proration especially in transactions involving new construction,480
extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local481
assessor regarding possible tax changes.482
Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on483
the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5484
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Woods Rd city lot, .6726 acres , ,
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n/a
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X
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 9 of 12, WB-13
485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall
486 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation
and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.487
488 TITLE EVIDENCE
489 CONVEYANCE OF TITLE:Upon payment of the purchase price, Seller shall convey the Property by warranty deed
(trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as490
491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements
492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Vacant Land
494 Disclosure Report and in this Offer, general taxes levied in the year of closing and
495
(insert other allowable exceptions from title, if496
497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute
498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee.
WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements499
500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates
501 making improvements to Property or a use other than the current use.
502 TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of
503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall
pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s504
505 lender and recording the deed or other conveyance.
506 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s)
507 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded
508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance
509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or
510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516-
511 523).
512 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney
513 or Buyer not more than days after acceptance (“15” if left blank), showing title to the Property as of a date no more
514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be
515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate.
516 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of
517 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within
518 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to
519 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to
520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the
521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver
522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not
523 extinguish Seller’s obligations to give merchantable title to Buyer.
524 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced
525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments
526 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution
527 describing the planned improvements and the assessment of benefits.
528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special
529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are
530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments)
531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all
532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact
533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f).
LEASED PROPERTY534 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights
535 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the
536 (written) (oral) STRIKE ONE lease(s), if any, are
537
538 . Insert additional terms, if any, at lines 650-664 or attach as an addendum per line 686.
539 DEFINITIONS
540 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document
541 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice
542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission.
543 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under
544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive
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Woods Rd city lot, .6726 acres , ,
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 10 of 12, WB-13
545 registered mail or make regular deliveries on that day.
546 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by
excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the547
548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner
except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of549
550 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by
551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific
552 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time.
553 DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would
554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would
significantly shorten or adversely affect the expected normal life of the premises.555
FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.556
557 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both the buyer and the Seller.
558 PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8.
559 INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of
560 this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank.
PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land dimensions, or total acreage or square561
562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas
563 used or other reasons, unless verified by survey or other means.
564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land
565 dimensions, if material.
566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of
the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the567
568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession
569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession
570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts,
571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this
572 Offer to the seller or seller’s agent of another property that Seller intends on purchasing.
573 MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier
574 of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for
ordinary wear and tear.575
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an576
577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer
578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of
579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than
580 closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of
581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such
582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit
583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed
584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring
the Property.585
BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by586
587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no
significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and588
that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.589
OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in590
this Offer at lines 534-538 or in an addendum attached per line 686, or lines 650-664 if the Property is leased. At time of591
592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging
to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.593
594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and
conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting595
party to liability for damages or other legal remedies.596
If Buyer defaults, Seller may:597
(1) sue for specific performance and request the earnest money as partial payment of the purchase price; or598
(2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual599
damages.600
If Seller defaults, Buyer may:601
(1) sue for specific performance; or602
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.603
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Woods Rd city lot, .6726 acres , ,
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 11 of 12, WB-13
604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability
of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party605
defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.606
By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the607
608 arbitration agreement.
609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL610
EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR611
OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT612
613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
614 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller
615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds
and inures to the benefit of the Parties to this Offer and their successors in interest.616
NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons617
http://www.doc.wi.govregistered with the registry by contacting the Wisconsin Department of Corrections on the Internet at618
619 or by telephone at (608) 240-5830.
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA)Section 1445 of the Internal Revenue Code (IRC)620
provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the621
622 total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding
623 applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign
624 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the
625 amount of any liability assumed by Buyer.
CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer626
may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed627
628 upon the Property.
629 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a
630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers
631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply.
IF SELLER IS A NON-FOREIGN PERSON.Seller shall, no later than closing, execute and deliver to Buyer, or a qualified632
substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s633
634 non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status,
635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this
636 Offer and proceed under lines 601-608.
637 IF SELLER IS A FOREIGN PERSON.If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the
amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding638
639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision.
640 COMPLIANCE WITH FIRPTA.Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument,
641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC
642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall
643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also
shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,644
645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees.
646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed.
647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption
648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding
FIRPTA.649
ADDITIONAL PROVISIONS/CONTINGENCIES650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
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Woods Rd city lot, .6726 acres , ,
Line 37 to read: no later than June 25, 2021.
Buyer may not sell this land in the future unless attached to current property.
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
Property Address:Page 12 of 12, WB-13
DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and665
written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines666
688-683.667
(1)Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at668
line 670 or 671.669
Name of Seller's recipient for delivery, if any:670
Name of Buyer's recipient for delivery, if any:671
(2)Fax: fax transmission of the document or written notice to the following number:672
Seller: ( ) Buyer: ( )673
(3)Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial674
delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's address at675
line 679 or 680.676
(4)U.S.Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the677
Party, or to the Party's recipient for delivery, for delivery to the Party's address.678
Address for Seller:679
Address for Buyer:680
(5)Email: electronically transmitting the document or written notice to the email address.681
Email Address for Seller:682
Email Address for Buyer:683
PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller684
constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.685
ADDENDA:The attached is/are made part of this Offer.686
This Offer was drafted by [Licensee and Firm]687
688
(x)689
Buyer’s Signature Print Name Here Date690
(x)691
Buyer’s Signature Print Name Here Date692
SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS693
OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE694
PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A695
696 COPY OF THIS OFFER.
697 (x)
Seller’s Signature Print Name Here Date698
699 (x)
Seller’s Signature Print Name Here Date700
701 This Offer was presented to Seller by [Licensee and Firm]
on at a.m./p.m.702
703 This Offer is countered [See attached counter]This Offer is rejected704 Seller Initials Date Seller Initials Date
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
n/a
n/a
n/a
X
monicaduerwachter@gmail.com
Monica Duerwachter, Realty Executives Integrity
Woods Rd
Sylwia G Enerson
April 2, 2021
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F