Filing # 190070556 E-Filed 01/18/2024 09:46:27 PM
`Filing # 190070556 E-Filed 01/18/2024 09:46:27 PM
`
`-
`
`IN THE CIRCUIT COURT OF THE 11™
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO::
`GA DIRECT PROPERTY ACQUISITIONS, LLC, °°
`a foreign limited liability company,
`
`Plaintiff,
`
`Vv.
`
`RICHARD EDWARDS,
`
`Defendant.
`sagen
`ee a _ _ /
`
`
`
`COMPLAINT
`
`COMES NOW, GA DIRECT PROPERTY ACQUISITIONS, LLC, a foreign limited
`liability company (“Plaintiff or “Buyer”), by and throughits undersigned: attorney, hereby files
`this Complaint againstRICHARD EDWARDS “Defendant” or “Seller”), and alleges:
`JURISDICTION,PARTIES AND VENUE
`This is an action for specific performance regardingrealestate valued in excess of
`
`1,
`
`$50,000.00 andis within the jurisdiction of this Court.
`2.
`Plaintiff, GA DIRECT PROPERTY ACQUISITIONS,LLC,is a foreign limited
`
`liability company and the Buyerofthe subject property to this action.
`3.
`Defendant, RICHARD EDWARDS,is the fee simple title owner of the real
`property at 2123 NW 81*Terrace, Miami, Florida 33147 (the “subject property”) and is the Seller
`
`of the subject real property to this action.
`
`
`
`

`

`IN THE CIRCUIT COURT OF THE 17%
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.:
`
`GA DIRECT PROPERTY ACQUISITIONS,LLC,
`a foreign limited liability company,
`
`Plaintiff,
`
`v.
`
`RICHARD EDWARDS,
`
`Defendant.
`
`a C
`
`OMPLAINT
`
`COMES NOW, GA DIRECT PROPERTY ACQUISITIONS, LLC, a foreign limited
`
`liability company (“Plaintiff’ or “Buyer”), by and throughits undersigned attorney, hereby files
`
`this Complaint against RICHARD EDWARDS(“Defendant”or “Seller”), and alleges:
`
`JURISDICTION, PARTIES AND VENUE
`
`1,
`
`This is an action for specific performance regarding real estate valued in excess of
`
`$50,000.00 and is within the jurisdiction of this Court.
`
`2.
`
`Plaintiff, GA DIRECT PROPERTY ACQUISITIONS, LLC,is a foreign limited
`
`liability company and the Buyer ofthe subject property to this action.
`
`3.
`
`Defendant, RICHARD EDWARDS, is the fee simple title owner of the real
`
`property at 2123 NW 81"Terrace, Miami, Florida 33147 (the “subject property”)and istheSeller
`
`of the subject real property to this action.
`
`

`

`4,
`
`All parties to this action are properly before this Court and this Court has personal
`
`jurisdiction over the parties.
`
`5.
`
`Venueisappropriate in PalmBeach County asthe subject property is located within
`
`this County and the cause of action arose within this County.
`
`6.
`
`7.
`
`8.
`
`All conditions precedent have been performed, excused, or waived.
`
`COUNT I -BREACH OF CONTRACT(SPECIFIC PERFORMANCE
`
`Paragraphs 1 through6, as alleged above are incorporated by reference herein.
`
`Defendant agreedto sell and Plaintiff agreed to buy the real property ownedby the
`
`Defendant located at 2123 NW 81‘ Terrace, Miami, Florida 33147, and having the following legal
`
`description as:
`
`LOTS 16 AND 17 AND THE W.4’ OF LOT 18 IN BLOCK 13 OF WEST
`LITTLE RIVER ACCORDING TO THE PLAT THEREOF AS
`RECORDED IN PLAT BOOK 14 AT PAGE 75 OF THE PUBLIC
`RECORDS OF MIAMI-DADE COUNTY, FLORIDA
`
`Parcel Id: 30-3110-053-0831
`
`9.
`
`On November 17, 2023 the Plaintiff made a signed offer and on November 27,
`
`2023, the Defendant accepted the offer by executing the “AS IS” Residential Contract for Sale and
`
`Purchase(the “Contract”) concerning the subject property. A true and correct copy ofthe Contract
`
`is attached hereto as Exhibit “A.”
`
`10.
`
`11.
`
`12.
`
`The purchaseprice in the Contractis for $352,000.00.
`
`The Contract provided for the closing to take place on or before December14, 2023.
`
`The Contract also clearly and unequivocally stated in Section 20 “Seller is to
`
`provideatitle that is free of any liens, violations, or open permits.”
`
`2
`
`

`

`13.
`
`On December 5, 2023, Plaintiff and Defendant executed an addendum to the
`
`Contract which provided for a reduction in the purchase price to $300,000.00 and for Buyer to
`
`close assoon astitle workis in, andforall other termsto remainthe same. A true and correct copy
`
`ofthis Addendum is attached hereto as Exhibit “B.”
`
`14,
`
`On December 14, 2023, Plaintiff, Defendant’s counsel and Defendant’s real estate
`
`agent received a copy ofthe title commitment and lien searches reflecting liens and violations
`
`against the subject property.
`
`15.
`
`Section 18 (A) (ii) of the Contract states.... “Buyer shall have 5 days after receipt
`
`of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that
`
`rendertitle unmarketable. If Seller provides Title Commitmentandit is delivered to Buyerless
`
`than 5 days prior to Closing Date, Buyer may extend Closingforup to5 days after-dateof receipt
`
`to examine same in accordancewith this STANDARD A.Seller shall have 30 days (“Cure Period”)
`
`after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects.”
`
`16.|However, on December 15, 2023, Defendant’s counsel improperly terminated the
`
`Contract by advising the Plaintiff that Mr. Anderson would no longerbe proceeding underthe
`
`Contract.
`
`17.
`
`Plaintiff immediately rejected the Defendant’s wrongful notice of termination and
`
`advised the Defendant’s counsel oftheir intention to proceed under the terms of the Contract.
`
`18.
`
`After. December: 15, 2023, Defendant refused: to proceed: underthe terms of the
`
`contract.
`
`19.
`
`Defendant materially breached the Contract by failing to convey clear and
`
`marketabletitle free of liens, violations and open permits to the Plaintiff.
`3
`
`

`

`20.
`
`Defendant materially breached the Contract by improperly terminating the
`
`Contract.
`
`21.
`
`All conditions precedent have been performed, occurred, excused, orwaived.
`
`COUNT I — BREACH OF CONTRACT-SPECIFIC PERFORMANCE
`
`22.
`
`23.
`
`Paragraphs 1 through 21, as alleged above are incorporated by reference herein.
`
` Atall material times hereto, the Plaintiff advised the Defendantthatit stood ready,
`
`willing, and able to close on the sale and purchase of the subject property.
`
`24.
`
`Money damages will not adequately compensate Plaintiff for the Defendant’s
`
`failure to convey the subject property to Plaintiff pursuant to the terms in the Contract; as a result
`
`Plaintiff does not have an adequate remedy at law.
`
`25.
`
`Pursuant to Paragraph 15(b), of the Contract, “If....Sellerfails, neglects orrefuses
`
`to perform Seller’s obligations under this Contract, Buyer may.. .seek specific performance.”
`
`26.
`
`Plaintiff has retained the undersigned law firm andis obligated to pay the firm a
`
`reasonable fee for its services for which Defendantis liable pursuant to Paragraph 17, of the
`
`Contract as a result of filing this action.
`
`WHEREFORE,Plaintiff, GA DIRECT PROPERTY ACQUISITIONS, LLC,a foreign
`
`limitedliability company,respectfully requests this Honorable Court to order specific performance
`
`of the Contract by ordering the Defendant, RICHARD EDWARDSto fulfill the terms of the
`
`Contract and sell the subject property to Plaintiff pursuant to the terms in the Contract, award
`
`Plaintiff its attorneys’ fees and costs for bringing this action, and forall other relief this Court
`
`deemsjust and proper under the circumstances.
`
`

`

`COUNT Il -BREACH OF CONTRACT (DELAY DAMAGES)
`
`27.
`
`28.
`
`Paragraphs1 through 26,as alleged above are incorporated by reference herein.
`
` Defendant’srefusalto performher obligations underthe Contractto sell the subject
`
`‘property to the Plaintiff has caused delay damages to the Plaintiff, including but not limited to,
`
`those damagesthat will allow the Plaintiff to be in the sameposition that it would have occupied
`
`had the Contract been closed per the terms therein, as well as, for interest, taxes, maintenance,lost
`
`rent and profit, and the cost of having to file this lawsuit. Such damages are recoverable in a suit
`
`for specific performance.
`
`29.
`
`Plaintiff has performed all
`
`its obligations under the Contract that were not
`
`prevented by the Defendant’s breach(es) of the Contract.
`
`30.
`
`Notwithstanding Plaintiffs performance, Defendant hasrefused and continuesto
`
`refuse to perform her obligations under the Contract and convey the subject property to the
`
`Plaintiff.
`
`31.
`
`Plaintiff has retained the undersigned law firm and is obligated to pay the firm a
`
`reasonablefee forits services for which Defendantis liable pursuant to Paragraph 17 the Contract
`
`as a result of filing this action.
`
`WHEREFORE,Plaintiff, GA DIRECT PROPERTY ACQUISITIONS, LLC,a foreign
`
`limited liability company,respectfully requests this Honorable Court to enterjudgmentagainst the
`
`Defendant, RICHARD EDWARDS,together: with an award: of attorneys’ fees, costs, and for:all
`
`other relief this Court deemsjust and proper under the circumstances.
`
`

`

`COUNT III -BREACH OF CONTRACT DAMAGES(IN THE ALTERNATIVE)
`
`32.
`
`33.
`
`Paragraphs 1 through 21, as alleged aboveare incorporated by reference herein.
`
`Thisis anaction for damages stemmingfrom Defendant’s breach of contract and
`
`is pleaded in the alternativeto all counts pursuant to Fla. R. Civ. P. 1.110(g).
`
`34.
`
`As aresult of the Defendant’s failure to perform under the Contract and material
`
`breach(es) thereof, the Plaintiff has suffered monetary damages.
`
`35.
`
`Plaintiff has retained the undersigned law firm and is obligated to pay the firm a
`
`reasonable fee for its services for which Defendant is liable pursuant to Paragraph 17 of the
`
`Contract as a result offiling this action.
`
`WHEREFORE,Plaintiff, GA DIRECT PROPERTY ACQUISITIONS, LLC,a foreign
`
`limited liability company respectfully requests this Honorable Court to enterjudgment against the
`
`Defendant, RICHARD EDWARDS,together with an award of attorneys’ fees, costs, and for all
`
`other relief this Court deems just and proper under the circumstances.
`
`Dated: January 18, 2024
`
`LAW OFFICES OF JORDAN I. WAGNER,P.A.
`320 S.E. 18" Street
`Fort Lauderdale, Florida 33316
`Telephone: 954-491-3277
`Facsimile:
`
`/954-692-9186
`By:
`
`
`Jord:
`agner, Esq.
`Fla. Bar No.: 42775
`jiw@jordanwagnerlaw.com
`Attorney for Plaintiff
`
`

`

`tf
`
`>
`
`“AS IS” Residential Contract For Sale And Purchase
`THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
`
`
` ‘eaitors’
`a
`
`
`("Seller"),
`PARTIES: RICHARD EDWARDS
`1*
`("Buyer"),
`and. GA DIRECT PROPERTY ACQUISITIONS, LLC
`o*
`agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property
`3
`(collectively “Property”) pursuant to the terms and conditionsof this AS IS Residential Contract For Sale And Purchase
`4
`and any riders and addenda (“Contract’):
`5
`1. PROPERTY DESCRIPTION:
`6
`
`(a) Street address, city, zip:_2123 NW 81ST TER
`MIAMI
`33147
`7
`
`B* (b) Located in: MIAMI-DADE____County, Florida. Property Tax ID #: 3031100530831
`g*
`(c) Real Property: The legal description is
`10
`
`Wo
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21*
`22
`23
`24*
`25
`
`including built-in appliances, built-in furnishings and
`together with all existing improvements and fixtures,
`attached wall-to-wall carpeting and flooring (“Real Property”) unless specifically excluded in Paragraph 1(e) or
`by other terms of this Contract.
`(d) Personal Property: Unless excluded in Paragraph 1(e) or by other termsof this Contract, the following items
`which are owned by Seller and existing on the Property as of the date of the initial offer are included in the
`purchase: range(s)/oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), light fixture(s), drapery rods
`and draperies,blinds, window treatments, smoke detector(s), garage door opener(s), thermostat(s), doorbell(s),
`television wall mount(s) and television mounting hardware, security gate and other access devices, mailbox
`keys, and storm shutters/storm protection items and hardware ("Personal Property").
`Other Personal Property items included in this purchase are:
`:
`a
`Personal Property is included in the Purchase Price, has no contributory value, and shall beleft for the Buyer.
`
`(e) The following items are excluded from the purchase:
`_
`
`
`26
`27*
`28%
`29
`30 *
`34
`32
`
`PURCHASE PRICE AND CLOSING
`.
`oo
`2. PURCHASE PRICE(U.S. CUIrre@ncy):.......cccccesceseeeeeeee cree eeneennenecaudensonvenseaessensenseneieenensearnencneanesnen santos $ 352,000.00
`(a) Initial deposit to be held in escrow in the amount of (checks subject to Collection)............ $5,000.00
`The initial deposit made payable and delivered to “Escrow Agent” named below
`(CHECK ONE): (i) L] accompaniesofferor(ii) [1 is to be made within _
`(if left blank,
`then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION(ii)
`SHALL BE DEEMED SELECTED.
`
`Lé GE
`
`;
`_
`
`33% Escrow Agent Name: Bryerswitt-designateEscrowgentTitle Now, LLC hiioans
`
`
`
`Address:_440 NE 5th St — Ste 2 Fort Lauderdale, FL 33301 Phone: 954-947-2040
`34%
`dueee
`Email: _Office@titlenowfl.com
`Fax:.954-947-2041
`35 *
`36 *
`(b) Additional deposit to be delivered to Escrow Agentwithin
`(if left blank, then 10)
`37 *
`days after Effective Date oo... iccssscsssssssssscnenessrensseseseneacseaneusnevensnersnestasmenavavavacausnneanececengennses $
`38
`(All deposits paid or agreedto be paid, are collectively referred to as the “Deposit’)
`30*
`(c) Financing: Express as a dollar amount or percentage (“Loan Amount’) see Paragraph8.........
`40%
`(d) Other,
`tte $
`41
`(e) Balanceto close (notincluding Buyer's closing costs, prepaids and prorations) by wire
`4a*
`transfer or other Collected funds (See STANDARDS).....cceccseseesennessecenesanerenenseenenerreeeaeeanes $347,000.00
`43.
`3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
`
`44
`(a)
`If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before
`45
`H/2-4/2-625-1 1/29/2023
`, this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to
`
`46
`Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day
`Lives
`47
`the counter-offer is delivered.
`48 datloopverii() The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or
`49
`initialed and deliveredthis offer or final counter-offer (“Effective Date”).
`50
`4 CLOSING; CLOSING DATE: The closing of this transaction shall occur whenall funds required for closing are
`51
`received by Closing Agent and Collected pursuant to STANDARD S and all closing documents required to be
`52
`furnished by each party pursuantto this Contract are delivered (“Closing”), Unless modified by other provisions of
`
`Buyer'sInitials © sareine|&|—__—A
`
`
`FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved.
`
`
`
`IE BME
`doticop verified
`
`

`

`MEST
`
`
`
`oo
`[me]
`to
`
`the Closing shall occur on-42408/2023" 12/14/20 verified the time (“Closing Date”), at
`this Contract,
`established by the Closing Agent.
`EXTENSION OF CLOSING DATE:
`(a) In the event Closing funds from Buyer’s lender(s) are not available on Closing Date due to ConsumerFinancial
`Protection Bureau Closing Disclosure delivery requirements (“CFPB Requirements”),
`if Paragraph 8(b) is
`checked, Loan Approval has been obtained, and lender’s underwriting is complete, then Closing Date shall be
`extended for such period necessary to satisfy CFPB Requirements, provided such period shall not exceed 7
`days.
`(b) If an event constituting “Force Majeure” causesservices essential for Closing to be unavailable, including the
`unavailability of utilities or issuance of hazard, wind, flood or homeowners’ insurance, Closing Date shall be
`extended as provided in STANDARDG.
`OCCUPANCY AND POSSESSION:
`(a) Unless Paragraph. 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the Property
`to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removedall
`personal items and trash from the Property andshall deliverall keys, garage dooropeners, access devices and
`codes, as applicable, to Buyer. If occupancyis to be delivered before Closing, Buyer assumes all risks of loss
`to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
`shall have accepted the Propertyin its: existing condition as of time of taking occupancy, see Rider T PRE-
`CLOSING OCCUPANCYBY BUYER.
`[] CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING.If Property is
`subject to a lease(s) or any occupancy agreements (including seasonal and short-term vacation rentals) after
`Closing oris intended to be rented or occupied by third parties beyond Closing, the facts and terms thereof
`shall be disclosedin writing by Seller to Buyer and copiesof the written lease(s) shall be delivered to Buyer, all
`within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion,that the lease(s) or terms of
`occupancyare not acceptable to Buyer, Buyer may terminate this Contract by delivery of written notice of such
`election to Seller within 5 days after receipt of the above items from Seller, and Buyer shall be refunded the
`Deposit thereby releasing Buyer and Seller from all further obligations underthis Contract. Estoppel Letter(s)
`and Seller's affidavit shall be provided pursuant to STANDARDD,exceptthat tenant EstoppelLetters shall not
`be required on seasonal or short-term vacation rentals. If Propertyis intended to be occupied by Seller after
`Closing, see Rider U POST-CLOSING OCCUPANCY BY SELLER.
`ASSIGNABILITY: (CHECK ONE): Buyer [] may assign and thereby be released from any furtherliability under
`this Contract; 7] may assign but not be released from liability under this Contract; or [] maynot assignthis Contract.
`IF NO BOX IS CHECKED, THEN BUYER MAY NOT ASSIGN THIS CONTRACT.
`
`(b—
`
`FINANCING
`
`~
`
`53*
`54
`55
`56
`57
`58
`59
`60
`61
`62
`63
`64
`65
`66
`67
`68
`69
`70
`71
`72
`73
`74
`75
`76
`77
`78
`79
`80
`81
`82
`83 *
`84 *
`85
`
`86
`
`87
`
`BB *
`
`e0*
`91*
`g2*
`93*
`94
`95
`96
`
`g7*
`98
`99
`100
`104
`
`102
`103
`404
`105
`
`106
`107
`108
`
`FINANCING:
`Y] (a) This is a cash transaction with no financing contingency.
`CL] (6) This Contract is contingent upon, within
`(if left blank, then 30) days after Effective Date (“Loan
`Approval Period”): (1) Buyer obtaining approval of a [] conventional (] FHA (1 VA or [ other
`(describe) mortgage loan for purchase of the Property for a (CHECK ONE): [7] fixed, [1] adjustable, (J fixed or
`adjustable rate in the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed
`% (if left
`blank, then prevailing rate based upon Buyer's creditworthiness), and for a term of
`(if left blank, then 30)
`years (“Financing”); and (2) Buyer's mortgage broker or lender having received an appraisal oralternative valuation
`of the Property satisfactory to lender,if either is required by lender, which is sufficient to meet the terms required
`for lender to provide Financing for Buyer and proceed to Closing (“Appraisal”).
`(i) Buyer shall make application for Financing within
`__
`(if left blank, then 5).days after Effective Date
`and use goodfaith and diligent effort to obtain approval of a loan meeting the Financing and Appraisal terms of
`Paragraph 8(b)(1) and (2), above, (“Loan Approval”) within the Loan Approval Period and,thereafter, to close this
`Contract. Loan Approval which requires Buyerto sell other real property shall not be considered Loan Approval
`unless Rider V is attached.
`Buyer's failure to use goodfaith and diligent effort to obtain Loan Approval during the Loan Approval Period shall
`be considered a default under the terms of this Contract. For purposesof this provision, “diligent effort” includes,
`but is notlimited to, timely furnishing all documents and information required by Buyer’s mortgage broker and lender
`and paying for Appraisal and other fees and charges in connection with Buyer's application for Financing.
`(ii) Buyer shall, upon written request, keep Seller and Brokerfully informed about the status of Buyer's
`mortgage loan application, loan processing, appraisal, and Loan Approval, including any Property related conditions
`of Loan Approval. Buyer authorizes Buyer’s mortgage broker, lender, and Closing Agent to disclose such status
`_—
`Page 2 of 13
`Seller's Initials
`=TRal enn
`
`
` Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved.
`
`doticop verified
`
`Buyer's Initials
`FloridaRealtors/FloridaBar-ASIS-6x
`
`

`

`109
`110
`111
`112
`113
`114
`115
`116
`417
`118
`119
`120
`121
`122
`123
`124
`125
`126
`127
`128
`129
`130
`
`
`
`131,
`132,
`133
`
`134
`
`135
`136
`137
`138
`139
`140*
`141
`142
`143
`144
`145
`146
`147
`148
`149
`150
`151
`152
`153
`154%
`155%
`156
`157
`158
`159
`160
`161
`162
`163
`164
`
`at
`
`and progress and release preliminary and finally executed closing disclosures and settlement statements, as
`appropriate and allowed, to Seller and Broker.
`(iii) If within the Loan Approval. Period, Buyer obtains Loan Approval, Buyer shall notify Seller of samein writing
`prior to expiration of the Loan Approval Period; or, if Buyer is unable to obtain Loan Approval within Loan Approval
`Period but Buyeris satisfied with Buyer’s ability to obtain Loan Approval and proceed to Closing, Buyershall deliver
`written notice to Seller confirming same,priorto the expiration of the Loan Approval Period.
`(iv) If Buyer is unable to obtain Loan Approval within the Loan Approval Period, or cannot timely meet the
`terms of Loan Approval, all after the exercise of good faith anddiligent effort, Buyer may terminate this Contract by
`delivering written notice of terminationto Seller prior to expiration of the Loan Approval Period; whereupon, provided
`Buyeris not in default under the termsofthis Contract,Buyer shall be refunded the Deposit thereby releasing Buyer
`and Seller from all further obligations under this Contract.
`(v) If Buyerfails to timely deliver any written notice provided for in Paragraph 8(b)(iii) or (iv), above, to Seller
`prior to expiration of the Loan Approval Period, then Buyer shall proceed forward with this Contract as though
`Paragraph 8(a), above, had been checked asof the Effective Date; provided, however, Seller may elect to terminate
`this Contract by delivering written notice of termination to Buyerwithin 3 days after expiration of the Loan Approval
`Period and, provided Buyeris not in default under the terms of this Contract, Buyer shall.be refunded the Deposit
`thereby releasing Buyer and Seller from all further obligations underthis Contract.
`(vi) If Buyer has timely provided either written notice. provided for in Paragraph Bbiiii), above, and Buyer
`thereafterfails to clase this Contract, the Deposit shall be paid to Seller unless failure to close is dueto: (1) Seller's
`default or inability to satisfy other contingencies of this Contract; or (2) Property related conditions of the Loan
`Approval(specifically excluding the Appraisal valuation) have not been met unless such conditions are waived by
`other provisions of this Contract; in which event(s) the Buyer shall berefunded the Deposit, thereby releasing Buyer
`and Seller from all further obligations underthis Contract.
`LJ (c) Assumption of existing mortgage (see Rider D for terms).
`[] (d) Purchase money note and mortgage to Seller (see Rider C for terms).
`
`CLOSING COSTS, FEES AND CHARGES
`CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
`(a) COSTS TO BE PAID BY SELLER:
`* Documentary stamp taxes and surtax on.deed, if any
`*« HOA/Condominium Association estoppel fees
`* Owner's Policy and Charges(if Paragraph 9(c)(i) is checked)
`* Recording and other fees needed tocuretitle
`+ Title search charges(if Paragraph 9(c)(iii) is checked)
`« Seller's attorneys’ fees
`* Municipallien search (if Paragraph 9(c)¢i) or(iii) is checked)
`. Other:_
`° Charges for FIRPTA withholding and reporting
`If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11,
`a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at
`Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay
`such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller.
`(b) COSTS TO BE PAID BY BUYER:
`* Taxes and recording fees on notes and mortgages
`‘* Recording fees for deed and financing statements
`* Owner's Policy and Charges(if Paragraph 9(c)(ii) is checked)
`* Survey (and elevation certification, if required)
`* Lender'stitle policy and endorsements
`* HOA/Condominium Association application/transfer fees
`* Municipal lien search (if Paragraph 9(c)(ii) is checked)
`* Other:
`(if left blank, then 15, or if Paragraph 8(a) is checked,
`(c) TITLE EVIDENCE AND INSURANCE: Atleast
`then 5) days prior to Closing Date (“Title Evidence Deadline’), a title insurance commitmentissued by a Florida
`licensed title insurer, with legible copies of
`instruments listed as exceptions attached thereto (‘Title
`Commitment”) and, after Closing, an owner’s policy oftitle insurance (see STANDARDA for terms) shall be
`obtained and delivered to Buyer. If Seller has an owner's policy oftitle insurance covering the Real Property,
`Seller shall furnish a copy to Buyer and Closing Agentwithin 5 days after Effective Date. The owner’stitle policy
`premium, title search and closing services (collectively, “Owner's Policy and Charges”) shall be paid, as set
`forth below. Thetitle insurance premium chargesfor the owner's policy and any lender's policy will be calculated
`and allocated in accordance with Florida law, but may be reported differently on certain federally mandated
`closing disclosures and other closing documents. For purposes of this Contract “municipal lien search” means a
`
`* Loan expenses
`» Appraisal fees
`—» Buyer’s Inspections
`* Buyer's attorneys’ fees
`* All property related insurance
`* Owner's Policy Premium (if Paragraph
`9(c)(iii) is checked)
`
`
`
` Buyer'sInitials“ cassia||AcEPage3of13
`
`FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23©2023 Florida Realtors® and The Florida Bar. All rights reserved.
`dotloop verified
`
`
`
`

`

`165
`166
`167
`168 *
`169%
`170
`174
`
`172*
`173
`174*
`175%
`176
`177
`178
`
`179*
`180
`184
`182
`183
`184%
`485*
`186
`187
`188
`189
`190
`194
`192
`193
`194*
`195
`196 *
`197
`198
`499
`200
`201
`202
`
`203
`
`204
`205
`206
`207
`208
`209
`210
`211
`212
`213
`214
`215
`216
`217
`218
`219
`220
`
`~
`
`>
`
`search of records necessary for the owner’s policy oftitle insurance to be issued without exception for unrecorded
`liens imposed pursuant to Chapters 153, 159 or 170, F.S., in favor of any governmental body, authority or agency.
`erySel ONE):
`[ul:(i) Seller:shall designate: Closing-Agent and pay for Owner'sPolicy and Charges, and Buyer. shallpay the
`premium for Buyer’s lender’s policy and charges for closing services rélatedto’ the Jender’s policy,
`endorsements and loan closing, which amounts. shall..be paid by Buyer to Closing“Agent or such other
`provider(s) as Buyer may select; or
`C1] (ii) Buyer shall designate Closing Agent and pay for Owner’s Policy and Charges and charges for closing
`services related to Buyer's lender’s policy, endorsements and loan closing; or
`“4 (iii) [MIAMI-DADE/BROWARDREGIONALPROVISION]: Buyershall designate Closing Agent. Seller shall
`furnish a copy of a prior owner’s policyoftitle insurance or other evidence oftitle and pay fees for: (A) a
`continuation or update of suchtitle evidence, which is acceptable to Buyer's title insurance underwriter for
`reissue of coverage; (B) tax search; and (C) municipal lien search. Buyer shall obtain and pay for post-Closing
`continuation and premium for Buyer’sowner'spolicy, andif applicable, Buyer'slender's policy. Seller shall not
`be obligated to pay more than $
`(if left blank, then $200.00)for abstract continuationortitle
`search ordered or performed by Closing Agent.
`SURVEY:At least 5 days prior to Closing Date, Buyer may, at Buyer's expense, have the Real Property
`(d ~—
`surveyed and certified by a registeredFlorida surveyor (“Survey”). If Seller has a survey covering the Real
`‘Property,a copyshall.befurnished;to:Buyerand Closing Agentwithin 5 days after Effective Date.
`e—
`HOME WARRANTY; At Closing, [] Buyer CI Seller ¥] N/A shall pay for a home warranty plan issued by
`Na atacostnottoexceed$==Cw Ame
`warranty.plan’ provides for repair or replacement of many of a home’s mechanical systems and major built-in
`appliances in‘the eventof breakdown due to normal wear and tear during the agreement's warranty period.
`SPECIAL ASSESSMENTS:At Closing, ‘Sellershall pay: (i) the full amount ofliens imposed by a public body
`(“public: body”.does’notinclude a Condominium or Homeowner's Association) that are certified, confirmed and
`ratified before: Closing; and (ii) the amount of the public body’s most recent estimate or assessment for an
`improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being
`imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may
`be paid in installments (CHECK ONE):
`¥] (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing.
`Installments prepaid or due for the year of Closing shall be prorated.
`CJ (b) Seller shall pay, in full, prior toor at the time of Closing, any assessment(s) allowed by the public body
`to be prepaid. For any assessment(s) which the public body does not allow prepayment, OPTION (a) shall be
`deemedselected for such assessment(s).
`IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.
`This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community developmentdistrict
`(CDD) pursuant to Chapter 190, F.S., or special assessment(s) imposed by a special district pursuant to
`Chapter 189, F.S., which lien(s) or assessment(s) shall be prorated pursuant to STANDARD K.
`
`DISCLOSURES
`
`(b~—
`
`10. DISCLOSURES:
`RADON GAS: Radonis a naturally occurring radioactive gas that, when it is accumulated in a building in
`(a)
`sufficient quantities, may present health risks to persons who are exposedto it over time. Levels of radon that
`exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
`radon and radontesting may be obtained from your county health department.
`PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyerin a writtendisclosure, Seller
`does not know of any improvements made to the Property which were made without required permits or made
`pursuant to permits which have not been properly closed or otherwise disposed of pursuant to Section 553.79,
`F.S. If Seller identifies permits which have not been closed or improvements which were not permitted, then
`Seller shall promptly deliver to Buyerall plans, written documentation or other information in Seller's possession,
`knowledge,or control relating to improvements to the Property which are the subject of such open-permits or
`unpermitted improvements.
`MOLD: Mold is naturally occurring and may cause health risks or damageto property. If Buyer is concerned or
`desires additional information regarding mold, Buyer should contact an appropriate professional.
`FLOOD ZONE; ELEVATION CERTIFICATION: Buyeris advised to verify by elevation certificate which flood
`zone the Property is in, whetherflood insurance is required by Buyer’s lender, and whatrestrictions apply to
`improving the Property and rebuilding in the event of casualty. if Property is ina “Special Flood Hazard Area”
`
`(c)
`
`(d)
`
`
`
`Buyer's Initials
`Page 4 of 13
`Seller's Initials
`FloridaRealtors/FloridaBar-ASIS-6x Rev.7/23 © 2023 Florida Realtors® and The Florida Bar. All rights reserved.
`
`dotloop Nerified
`
`

`

`*
`
`11.
`
`12.
`
`221
`222
`223
`224
`225%
`226
`227
`228
`229
`230
`231
`232
`233
`234
`235
`236
`237
`238
`239
`240
`244
`242
`243
`244
`245
`246
`247
`248
`249
`250
`251
`252
`253
`254
`255
`
`256
`
`257
`258
`259
`
`260
`261*
`262
`263
`264
`265
`266
`267
`268
`269
`270
`271
`272
`273
`274
`
`(8)
`
`(g)
`
`(h ~~
`
`or “Coastal Barrier Resources Act” designated area or otherwise protected area identified by the U.S. Fish and
`Wildlife Service under the Coastal Barrier Resources Act and the lowestfloorelevation for the building(s) and/or
`flood insurance rating purposes is below minimum flood elevation oris ineligible for flood insurance coverage
`through the National Flood Insurance Program orprivate flood insurance as defined in 42 U.S.C. §4012a, Buyer
`mayterminate this Contract by delivering.written notice.toSeller within..__(ifleft blank, then 20) days after
`Effective Date, and Buyer shall be refundéd the Deposit thereby:releasingasingBuyer and Seller from all further
`obligations under this Contract, failing which Buyer accepts existing elevation ofbuildings;and flood zone
`
`designation of Property.
`Bk
`ENERGY BROCHURE:Buyer acknowledgesreceipt of Florida Energy-EffcioncyRatingInfor itionBrochure
`required by Section 553.996,F.S.
`os
` basedaintdisclosure is
`LEAD-BASEDPAINT: If Property includes pre-1978 residential housing,ale d-
`
`HOMEOWNERS’ ASSOCIATION/COMMUNITY DISCLOSURE: ‘BUYER SHOULD NOT EXECUTE THIS
`mandatory.
`a
`CONTRACT
`UNTIL
`BUYER
`HAS~
`RECEIVED
`AND
`READ
`THE HOMEOWNERS’
`
`ASSOCIATION/COMMUNITY DISCLOSURE,IF APPLICABLE.
`a
`PRO