New Construction Contract

13. ADJUSTMENTS. Fuel oil, if any, taxes, water/sewer charges are to be apportioned at closing in accordance
with local custom. If the closing of title occurs before new tax bills are issued and the new amounts cannot be
ascertained, the apportionment of taxes shall be based on one hundred fifteen (115%) per cent of the prior
year’s tax as shown on the tax bill for the prior year.
14. DEED
. The Deed shall be a Bargain and Sale Deed with Covenants Against Grantor’s Acts, shall be in
recordable form and shall contain the covenant required by Section 13 of the Lien Law of the State of New
York. Seller may pay and discharge any and all liens and encumbrances against the Premises from the
proceeds of sale at closing.
15. RISK OF LOSS
. The risk of loss or damage to the Premises by fire or any other cause shall be that of the
Seller until delivery of the Deed pursuant to the terms of this Contract.
16. CLOSING
. The Deed shall be delivered to Purchaser at the office of the Seller’s attorney, or at the office
designated by the lender on or about . In the event that the Seller has completed
the Residence and is ready to close pursuant to the terms of this Contract, Purchaser agrees, should
Purchaser’s l ender be ready to close, to accept title on ( ) days notice to Purchaser’s attorney.
17. BROKER
. The parties agree that they have not dealt with any broker concerning the sale or purchase of the
Premises except and that Seller shall pay the commission
pursuant to separate agreement. The parties hereto agree to hold harmless and indemnify the other in the
event that they have dealt with another broker and a claim is made as a result thereof. This provision shall
survive the delivery of the deed.
18. OCCUPANCY
. Purchaser shall not enter into occupancy or use or move or store property in the Premises
prior to closing without the prior written consent of the Seller. A breach of this covenant by Purchaser shall
constitute a default under this Contract without further act on the part of or notice from Seller, and Seller shall
have the right to commence legal proceedings to which the Seller is entitled or summary proceedings for the
eviction of Purchaser from the Premises, the costs of which shall be borne by Purchaser including reasonable
attorneys’ fees. Purchaser hereby expressly waives any and all defenses to such an action and/or
proceeding.
19. WELLS
. If required by the subdivision regulations or by any municipality, Seller, at Seller’s sole cost and
expense, shall provide a well up to ( ) feet in depth with ( ) feet of
casing and an adequate pump to handle same. If it is necessary to exceed the specifics of the foregoing,
Seller will do so and charge Purchaser as follows: $ per foot up to ( ) feet which
price includes the pump, wire and additional footage. A depth of more than ( ) feet, the
Purchaser will be responsible for $ per foot and the additional cost of the next size pump. If
necessitated by ground conditions, additional steel casing in excess of feet, the cost shall be $
per foot. In the event that the well does not produce potable water, the Seller shall drill additional wells at the
same cost an d expense to Purchaser.
20. SODDING; GRADING
. No part of the Premises shall be sodded. The lot shall be graded a reasonable
distance in front of the Residence, a reasonable distance along the sides of the Residence and a distance of
( ) feet from the rear of the Residence. Seller reserves the right to determine elevation of the
foundation and streets to conform with topographical conditions and to reverse the plan layout or layout of the
model house and to determine the location of the Residence on the lot. ”Reasonable distance” shall be
determined solely by Seller. Seller will not furnish nor plant any shrubs, bushes, flowers or trees. Any
washouts and/or erosions occurring after the date of closing are not the responsibility of Seller.
21. TOPSOIL
. Seller reserves the right to remove all topsoil stored on the Premises but Seller shall comply with
all municipal laws and regulations as to the amount of topsoil needed to be left on the Premises. This
paragraph shall survive delivery of the deed.
22. DEDICATION OF ROADS
. Until such time as the appropriate governmental agency accepts the dedication of
the roadways and/or sidewalks, if any, Purchaser shall not do or cause to be done the depositing of rubbish,
garbage and/or trash upon the roadways and/or sidewalks of the development in which the Premises is
situated. This paragraph shall survive delivery of the deed.
23. EXTRAS
. The Seller shall make the additions to the building plans or plan of the model house set forth on
Schedule A hereto. The sum of ($ ) DOLLARS shall
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