The Commercial Real Estate Purchase Agreement serves as the primary document in commercial property transactions within the United States. It is essential when acquiring or selling any type of commercial property, from office buildings to retail spaces. This agreement includes crucial elements such as property description, purchase price, due diligence periods, contingencies, representations and warranties, and closing requirements. The document must comply with both federal regulations and state-specific real estate laws, making it a comprehensive instrument for protecting all parties' interests in the transaction.
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1. Parties: Identification of buyer and seller, including legal entity details and addresses
2. Background/Recitals: Context of the transaction and property description
3. Definitions: Key terms used throughout the agreement
4. Purchase Price: Amount, payment terms, deposits, and adjustments
5. Due Diligence: Inspection period, documentation requirements, and contingencies
6. Closing: Closing date, deliverables, and procedures
7. Representations and Warranties: Statements of fact by both parties regarding the property and transaction
8. Default and Remedies: Consequences of breach and available remedies
9. Governing Law: Applicable jurisdiction and dispute resolution
1. Financing Contingency: Terms related to buyer's financing requirements - include when buyer requires external financing
2. Environmental Matters: Environmental investigations and remediation requirements - include for properties with potential environmental concerns
3. Tenant Rights: Existing lease agreements and tenant obligations - include for properties with existing tenants
4. Development Rights: Rights and restrictions regarding property development - include for properties with development potential
1. Schedule A - Property Description: Legal description and property details
2. Schedule B - Due Diligence Documents: List of required documentation for review
3. Schedule C - Environmental Reports: Environmental assessment findings
4. Schedule D - Title Documents: Title commitment and related documents
5. Schedule E - Existing Leases: Current lease agreements and tenant information
6. Schedule F - Property Condition Report: Physical condition assessment
7. Schedule G - Permitted Exceptions: Approved title exceptions and encumbrances
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