Real Estate Purchase Agreement for New York

THIS SALES AGREEMENT (the "Agreement") dated this ________ day of ________________,
________ (the "Execution Date")

BETWEEN :

James Torney
(the "Seller")

OF THE FIRST PART

-AND-

John Walczak
(the "Buyer")

OF THE SECOND PART

BACKGROUND
The Seller wishes to sell a certain completed home and the Buyer wishes to purchase this completed
home.

IN CONSIDERATION OF and as a condition of the Seller selling the Property and the Buyer
purchasing the Property and other valuable consideration, the receipt and sufficiency of which
consideration is acknowledged here, the parties to this Agreement (individually the "Party" and
collectively the "Parties") agree as follows:

Property
1. The property is situated at Wheeler Rd, South Valley, NY 14738, USA and the legal description
of the property is as follows: 3 bedroom 2 bath 2 car garage, as described on the attached exhibit,
which includes fixtures and improvements located on the property and all rights, privileges and
appurtenances associated with it, including but not limited to permits, easements, and
cooperative and association memberships (the "Property").

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2. The Seller agrees to sell and convey to the Buyer and the Buyer agrees to purchase from the
Seller the Property.

Purchase Price
3. The purchase price for the Property (the "Purchase Price") will be paid as follows:

a. earnest money payable after the Effective Date of this Agreement is: $5,000.00;
b. excluding any loan funding fee or mortgage insurance premium, the sum of all financing
is: $105,000.00; and
c. the total Purchase Price payable is: $110,000.00.

Financing Terms
4. The portion of the Purchase Price not payable in cash by the Buyer amounts to $105,000.00 and
it will be paid by one or more third party mortgage or deed of trust loans. The terms of the Third
Party Financing Addendum are incorporated into this Agreement by reference.

5. This Agreement is subject to the Buyer being approved for all financing as described in the
attached Third Party Financing Addendum within thirty days from the Effective Date of this
Agreement (the "Financing Period"). Either party may cancel this Agreement if the Buyer cannot
obtain adequate financing within the Financing Period despite due diligence and good faith on
the part of the Buyer or if the Buyer cannot satisfy the terms of the financing commitment by the
Closing Date.

Sale of Another Property Contingency

6. The Buyer's obligations under this Agreement are contingent upon the sale and closing of the
Buyer's property at the following address: 388 Willard St, Jamestown, NY 14701, USA.

Earnest Money
7. The Buyer will deposit $5,000.00 as earnest money at N Main St, Dunkirk, NY 14048, USA
with Niebel realty acting as escrow agent (the "Escrow Agent"), on or before June 5, 2023.
Failure to deposit the earnest money as provided in this clause will result in the Buyer being in
default under this Agreement.

Title Policy
8. At the Buyer's option, and at the Seller's expense, the Seller will furnish to the Buyer a title
guaranty policy guaranteeing good title to the Property, or an owner's policy of title insurance,
insuring and indemnifying the Buyer against loss (the "Title Policy"), issued from a general title

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 company (the "Title Company") in the amount of the Purchase Price dated as of the date that the
sale of the Property becomes final and the Buyer takes possession (the "Closing Date"), subject
to the following exceptions (collectively, the "Title Exceptions"): building and zoning
ordinances; standard utility easements; standard riparian matters; common restrictive covenants
relating to platted subdivision; oil, gas and mineral rights; taxes, mortgages or deeds of trust and
assessments which the Buyer will be assuming; discrepancies in regards to shortages in area or
boundary lines; and liens created as part of the financing for the Buyer.

Commitment
9. At the Seller's cost, the Seller will furnish or cause to be furnished to the Buyer a commitment to
issue the Title Policy requested by the Buyer (the "Commitment") and copies of restrictive
covenants and documents evidencing exceptions in the Commitment (the "Exception
Documents") other than the standard printed exceptions. The Seller hereby authorizes the Title
Company to deliver the Commitment and Exception Documents to the Buyer's address provided
in this Agreement.

Property Survey
10. Prior to the Closing Date the Seller will deliver the Seller's existing property survey to the Buyer
and to the Title Company, along with the Seller's affidavit in relation to the Title Company's
approval of the survey. This survey must have been completed within the past year. If the survey
is not approved by the Title Company or the Buyer's lender, a new survey, the cost of which will
be shared equally by the Buyer and Seller, will be obtained at least seven days prior to the
Closing Date.

Objections and Cure

11. The Buyer may submit a written objection, within 10 days after the Buyer receives the
Commitment, and Exception Documents, in relation to any defects, exceptions or encumbrances
to title which makes the title unmarketable, excluding the Title Exceptions.

12. With the exception of the requirements in the Commitment which are not waived, if the Buyer
fails to provide a written objection within the allowed time, it will constitute as a waiver on the
part of the Buyer to object. Any timely objections by either the Buyer or any third party lender
must be cured by the Seller, at the Seller's expense, prior to closing and the Closing Date will be
delayed as necessary. If the objections are not cured, this Agreement will terminate and the
earnest money will be refunded to the Buyer within ten days unless the Buyer has waived the
objections in writing and elected to close the sale and accept the title with the existing defect.

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 Real Property Disclosure
13. SELLER'S DISCLOSURE: The Seller does not know of any material facts that would affect the
value of the Property, except those observable by the Buyer or any known to the Seller which are
disclosed in this Agreement and the attached addenda.

14. STATUTORY DISCLOSURES: The Seller is responsible to furnish the Buyer with the
following disclosures and items as soon as practicable before the signing of this Agreement:

a. Lead-Based Paint Disclosure and a copy of the pamphlet titled "Protect Your Family
From Lead in Your Home" from the EPA;

b. Agriculture District Disclosure;

c. Affidavit Compliance of Smoke Alarm Installation; and

d. Property Condition Disclosure Statement.

15. LEAD WARNING STATEMENT AND DISCLOSURE: Every purchaser of any interest in
residential real property on which a residential dwelling was built prior to 1978 is notified that
such property may present exposure to lead from lead-based paint that may place young children
at risk of developing lead poisoning. Lead poisoning in young children may produce permanent
neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
The seller of any interest in residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or inspections in the seller’s
possession and notify the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase.

The Seller will disclose all known lead hazards in the attached lead disclosure as well as furnish
to the Buyer a copy of the pamphlet titled "Protect Your Family From Lead in Your Home" from
the EPA and any available report on lead in relation to the Property. The Buyer at its sole cost,
will be given at least ten days to inspect the Property in relation to lead hazards. This ten day
period may be lengthened, shortened, or waived by mutual written consent of the Parties.

16. COUNTY DISCLOSURE: The Seller is responsible for satisfying any local disclosure
requirements prior to the signing of this Agreement. Please consult the local county department
in which the Property is situated and/or a local real estate attorney to ensure compliance has been

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 met.

Property Access and Inspection

17. The Buyer may, at its sole cost, select inspectors and pest controllers licensed to practice within
New York or any lawful agent authorized to make inspections to inspect the Property. The Buyer
will deliver to the Seller a written notice of any defects in addition to a copy of the inspection
report within ten days after the inspection. At all reasonable times, the Seller is to permit the
Buyer or its agents access to the Property for the purpose of inspection and will pay for turning
on existing utilities.

Property Condition
18. The Buyer accepts the Property in its current state and condition without any further work,
repairs, treatments or improvements.

Warranties
19. The Seller makes no express warranties aside from those expressly described in this Agreement
or the attached addenda. Upon closing, the Seller agrees to assign all manufacturer warranties
that are assignable to the Buyer.

Lender Required Repairs

20. Neither the Seller nor the Buyer is obligated to pay for any lender required repairs or
remediations, unless both Parties agreed in writing. If repairs will exceed five percent, the
lender has the sole option to terminate the agreement. If the Parties cannot come to an
agreement for the lender required repairs or remediations, this Agreement will terminate and the
earnest money will be refunded to the Buyer within ten days of the receipt of the written notice.

Completion of Repairs and Improvements

21. The Seller will complete all agreed work, repairs, treatments, and improvements (the "Work")
prior to the Closing Date unless both Parties agree otherwise in writing. The Work to be
completed must be done by individuals who are licensed to perform such tasks and all required
permits and regulations must be obtained and observed. Any transferable warranties received by
the Seller for completed Work will be transferred to the Buyer at closing. If the Seller fails to
complete the Work prior to the Closing Date, the Buyer may elect to complete the said Work and
the Buyer will be entitled to claim reimbursement for the Work from the Seller upon closing.

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 Environmental Matters
22. The Buyer is hereby advised that toxic substances, including but not limited to asbestos, wastes
or other environmental hazards or the presence of wetlands or any threatened or endangered
species or its habitat may affect the Buyer's intended use of the Property.

23. WETLANDS: The Buyer, at its sole cost, may obtain a report from an environmental specialist
to determine if there are wetlands, as defined by federal or state law or regulation.

24. The Buyer may terminate this Agreement prior to closing by furnishing the Seller a copy of any
aforementioned reports that demonstrate environmental matters to adversely affect the use of the
Property. Within ten days of termination, the earnest money will be refunded to the Buyer. The
Buyer will be deemed to have accepted the Property if a copy of the report and a notice of
termination has not been furnished to the Seller prior to closing.

Residential Service Contract

25. The Buyer may elect to acquire a residential service contract or similar coverage (the
"Coverage") from any residential service company authorized to carry on business in the The
State of New York. The Buyer is solely responsible for the cost associated with the Coverage
and no reimbursement will be provided by the Seller. The Buyer is solely responsible for
reviewing the Coverage to ensure its scope and limitations are suitable.

Closing
26. The Closing Date will be on or before June 9th, 2023 or be within seven days after objections
revealed from the Commitment or survey have been cured, whichever date is later. In the
absence of legal excuse, the failure to close the sale on the Closing Date by either Party will
enable the non-defaulting party to pursue any remedies on default provided in this Agreement.

27. Upon closing, the Seller will execute and deliver to the Buyer a general warranty deed which has
title to the Property and shows no further exceptions to title of the Property except the Title
Exceptions, and furnish a current tax statement which shows no delinquent taxes on the
Property.

28. The Buyer will pay the Purchase Price in good funds acceptable to the Escrow Agent.

29. Any notices, statements, certificates, affidavits, releases, loan documents and other documents
required by this Agreement, by the Commitment or by law which is necessary for the closing of
the sale or the issuance of the Title Policy must be promptly executed and delivered by the Seller

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 and the Buyer.

30. All covenants, representations and warranties in this Agreement will survive closing and may be
enforced.

Possession
31. Possession of the Property in its current or required state, ordinary wear and tear excepted, will
be delivered by the Seller to the Buyer upon proper funding at closing. A tenancy at sufferance
relationship will be created between the Parties where there is no authorized written lease
agreement and either the Buyer has possession prior to closing or the Seller has possession after
closing. The Parties should consult their respective insurance agent and are responsible to ensure
adequate coverage exists upon the transfer of ownership and possession.

Settlement and Other Expenses

32. Unless both Parties otherwise agree in writing, the following expenses payable by the Seller (the
"Seller's Expenses") must be paid at or prior to closing:

a. All existing liens; prepayment penalties; recording fees; lender, tax statements or
certificates; preparation of deed; half of escrow fee; title expense, and all expenses
payable by the Seller under this Agreement must be released or discharged accordingly.

33. The following expenses payable by the Buyer (the "Buyer's Expenses") must be paid at or prior
to closing:

a. Loan origination, discount, buy-down, and commitment fees.

b. All expenses related or incident to any loan, including but not limited to, appraisal fees,
application fees, credit reports, loan documents preparation fees, recording fees on notes
and mortgages or deeds of trust; as well as recording fees on the deed; financing
statements; inspection fees; half of escrow fees; all prepaid items including flood and
hazard insurance premiums; documentary stamp tax; and all other expenses payable by
the Buyer, necessary to perform the Buyer's obligation under this Agreement must be
released or discharged accordingly.

34. Any Private Mortgage Insurance Premium (the "PMI"), the VA Loan Funding Fee, or the FHA
Mortgage Insurance Premium (the "MIP") as required by the lender, must be paid by the Buyer.
However, the Buyer may not pay charges and fees expressly prohibited by FHA and VA
financing or other governmental loan program regulations.

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35. If any expense to be paid by either Party exceeds the amount expressly stated in this Agreement,
the Party responsible for the said exceeding amount may terminate this Agreement unless the
other Party agrees to pay the excess amount.

Prorations
36. The following items will be prorated and adjusted as property as of the Closing Date: any taxes
due for the current year, association fees, maintenance fees, assessments, dues, heating tank fuel,
utility charges and rents of the Property. If the tax rate for the current year is unknown, the
Parties will use the rate from the previous year plus five percent at closing. If the tax rate for the
previous year is also unknown, the Escrow Agent will estimate an amount to prorate, holdback
sufficient funds and adjust the prorated amount when the new tax statements become available.
The Buyer will be obligated to pay the share of the prorated taxes for the current year if the taxes
are not paid at or prior to the closing.

Risk of Loss
37. The Seller will bear all risk of loss to the Property or its improvements, which includes, but is
not limited to, physical damage or destruction to the Property, or loss caused by eminent domain,
until the Closing Date. If at any point after the Effective Date but prior to closing, any part of the
Property is damaged or destroyed, the Seller will restore the Property to its previous condition as
soon as possible before the Closing Date, reasonable delays excepted. If the Seller fails to restore
the Property due to unforeseeable factors beyond the control of the Seller, the Buyer may elect
one of the following:

a. the Agreement will terminate and the earnest money will be refunded to the Buyer within
ten days;
b. the Closing Date will be extended as necessary to accommodate the performance of
restoration; or
c. at closing, the Property in its damaged state will be accepted and all insurance proceeds
will be assigned from the Seller to the Buyer and the Buyer will receive an amount equal
to the deductible under the Seller's insurance policy.

The Seller's obligations under this provision are independent of any obligations of the Seller
found under the heading Property Condition.

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 Remedies on Default
38. The Buyer will be in default if the Buyer fails to comply with the provisions of this Agreement,
upon which, the Seller may:

a. seek specific performance; or

b. seek other relief as may be provided by law; or
c. seek a combination of any or all of the above remedies; or
d. treat all earnest money as forfeited and the said money be deemed as liquidated damages
and the sole remedy for the Seller.

39. If the Seller, due to factors beyond the control of the Seller, fails to make any non-casualty
repairs or deliver the Commitment or survey as required, the Buyer may:

a. extend the performance time and the Closing Date as necessary; or

b. terminate this Agreement and the earnest money will be refunded to the Buyer within ten
days as the sole remedy.

40. The Seller will be in default if the Seller fails to comply with the provisions of this Agreement,
upon which, the Buyer may:

a. seek specific performance; or

b. seek such other relief as may be provided by law; or
c. a combination of any or all of the above remedies; or
d. treat this Agreement as terminated and receive the earnest money within ten days of
cancellation.

Mediation and Arbitration

41. If any dispute in relation to this Agreement between the Seller and the Buyer is not resolved
through informal discussion within thirty days from the date a dispute arises, the parties agree to
submit the issue first before a mediator and to an arbitrator in the event that a mediation fails.
The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a
neutral party acceptable to both Buyer and Seller. The cost of any mediation or arbitration will
be shared equally by the parties.

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 Attorney's Fees
42. In the event that any action is commenced in relation to this Agreement, the unsuccessful Party
in the action will pay to the successful Party reasonable attorney's fees and all court costs
incurred during the proceedings by the prevailing Party.

Escrow
43. The Seller and the Buyer agree that the Escrow Agent is not:

a. a party to this Agreement and will not assume any liabilities incurred as a result of the
performance or nonperformance of either the Buyer or the Seller, and that no liability will
be incurred unless the Escrow Agent is grossly negligent or willfully breaches the terms
of this Agreement;
b. liable for the loss of earnest money as a result of the failure of any financial institution in
which the earnest money has been deposited unless the said institution is acting as an
Escrow Agent; and
c. liable for interest on the earnest money.

44. Upon closing, the earnest money will be applied in the following order with the excess refunded
back to the Buyer:

a. any cash down payment; and

b. Buyer's Expenses.

45. At all relevant times during the course of this Agreement, the Escrow Agent is required to notify
the other Party prior to the releasing of any funds to the Party who is requesting the funds.

46. The notice of the Escrow Agent to either Party will be deemed effective upon its deposit to any
US Postal Service offices or mailboxes with receipt requested, provided that the notice contains
adequate postage and the correct mailing address of the Party contained in this Agreement is
inscribed on the notice. The notice of objection to the demand of earnest money will be deemed
effective upon receipt by the Escrow Agent.

Seller Representations
47. The Seller represents and warrants that there will be no liens, assessments, or security interests
from third parties against the Property which will not be satisfied out of the sales proceeds. The
Seller makes no representation aside from those expressly provided in this Agreement. If the
representations of the Seller are untrue upon the Closing Date, the Buyer may terminate this

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 Agreement and the earnest money will be refunded within ten days.

Federal Tax Requirements

48. The Buyer is responsible for withholding from the sales proceeds ten percent of the gross
Purchase Price in compliance with applicable tax law and submit the said amount to the Internal
Revenue Service in conjunction with the relevant tax forms if the Seller falls under the definition
of a "foreign person" within applicable law. The primary grounds for exemption is if the Seller
furnishes an affidavit to the Buyer stating that either:

a. the Seller is not a "foreign person" within applicable law along with the Seller's United
States taxpayer identification number; or

b. if the Purchase Price does not exceed $300,000.00 and the Property will be used as the
Buyer's residence.

Notices
49. All notices pursuant to this Agreement must be written and signed by the respective Party or its
agent and all such correspondence will be effective upon it being mailed with return receipt
requested, hand-delivered, or transmitted by email as follows:

To the Buyer at: To the Seller at:

Name: John Walczak Name: James Torney

Address: 388 Willard St, Jamestown, NY Address: 31 Wheeler Hill Rd, Frewsburg, NY
14701, USA 14738, USA
Telephone: _______________ Telephone: (716) 569-2058
Email: ______________________ Email: ______________________

Addenda
50. In addition to any aforementioned required documents, these addenda will also constitute as part
of this Agreement:

a. Third Party Financing Condition Addendum.

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 Additional Clause
51. The buyer is purchasing the property as is. The seller is not making any repairs.

Assignability
52. The Buyer may not assign this Agreement without the Seller’s written consent. This Agreement
is binding on the respective heirs, executors, administrators, successors, personal representatives
and assigns, as the case may be, of the Seller and the Buyer.

Effective Date
53. The effective date of this Agreement (the "Effective Date") is the latter of the date the Buyer
executed this Agreement and the date the Seller executed this Agreement.

Governing Law
54. The Parties agree this Agreement will be construed under the laws of New York, without regard
to the jurisdiction in which any action or special proceeding may be instituted.

Spousal Interests
55. The spouse of each married Seller consents to this real estate transaction, and will sign and
deliver such deeds and other documents as may reasonably be requested by the Title Company to
evidence such consent and to effect the transfer to the Buyer of any dower, homestead, elective
share, community property or any other rights which that spouse may have in or to the Property.

Severability
56. If there is a conflict between any provision of this Agreement and the applicable legislation of
New York (the "Act"), the Act will prevail and such provisions of the Agreement will be
amended or deleted as necessary in order to comply with the Act. Further, any provisions that
are required by the Act are incorporated into this Agreement.

57. If any terms or provision of this Agreement are determined to be invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement will not be affected and each
unaffected term and provision of this Agreement will be valid and be enforceable to the fullest
extent permitted by law.

No Broker or Agent
58. There are no obligations on either Party for the payment of broker fees in this Agreement. The
Parties agree that no real estate brokers or agents were procured for their services in connection
with this Agreement or any part of the sale agreement prior to the signing of this Agreement. If a

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 broker or agent was retained, the Party which employed the said broker or agent will be solely
liable for the costs associated with it.

Agreement of Parties
59. This document constitutes the entire agreement of the Parties and it may not be contradicted by
evidence of prior, contemporaneous or subsequent oral agreement. The provisions contained in
this Agreement cannot be changed except by the signed and delivered written consent of both
Parties.

Consult an Attorney
60. The Seller and the Buyer should consult an attorney before this Agreement is executed if any
aspect of the Agreement is not understood. The Seller and the Buyer agree each will notify the
other of the contact information for the respective attorney, if any, responsible for this real estate
transaction.

General Provisions
61. This Agreement may be executed in counterparts. Facsimile signatures are binding and are
considered to be original signatures.

62. All monetary amounts in this Agreement refer to US dollars, and all payments required to be
paid under this Agreement will be paid in US dollars unless the Parties agree otherwise in
writing.

63. Headings are inserted for the convenience of the Parties only and are not to be considered when
interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
Words in the masculine gender mean and include the feminine gender and vice versa. Words
importing persons include firms and corporations and vice versa.

64. Time is of the essence in this Agreement. Every calendar day except Saturday, Sunday or U.S.
national holidays will be deemed a business day and all relevant time periods in this Agreement
will be calculated in business days. Performance will be due the next business day if any
deadline falls on a Saturday, Sunday or a national holiday. A business day ends at five p.m. local
time in the time zone in which the Property is situated.

EXECUTED by John Walczak on the _______ day of ___________ , 20____ .

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 ____________________________ ____________________________
Witness John Walczak

EXECUTED by James Torney on the _______ day of ___________ , 20____ .

____________________________ ____________________________
Witness James Torney

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 RECEIPT

The Receipt of $5,000.00 as earnest money in the form of __________________ is hereby

acknowledged on this _______ day of ______________, _______.

Name: Niebel realty

Address: N Main St, Dunkirk, NY 14048, USA
Phone: ____________________
Email: ____________________
Signature: ____________________

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©2002-2023 LawDepot.com®
 Real Estate Agreement Checklist

This list serves as a reminder of some of the items and common issues that the parties need to keep in
mind during the completion and execution of the Real Estate Purchase Agreement (the "Agreement").
Please take the time to go through the checklist and take note of the necessary items that need to be
provided to the parties.

1. Prior to the signing of the Agreement, the Seller should:

- Provide any required Seller Disclosures or optional disclosures to the Buyer;

- Complete the Seller’s Disclosure of Lead-Based Paint and/or Lead-Based paint Hazards
and provide the finished copy to the Buyer;

- Furnish a copy of Pamphlet: Protect Your Family from Lead in Your Home to the Buyer.
The pamphlet can be downloaded from the EPA website at
http://www.epa.gov/lead/pubs/leadprot.htm; and

- Ensure both the Seller and the Buyer have read through and understand the Agreement
and any necessary addenda. Note that there may be additional disclosures under the Real
Property Disclosure section of the Agreement.

2. Both parties should initial at the bottom of each page of the Agreement after reading it. The
witnesses do not need to witness each page.

3. Ensure both the Seller and the Buyer sign the Real Estate Purchase Agreement in front of a
witness who is an independent party to the transaction. The Buyer and the Seller can sign in
front of different witnesses. Each witness needs to sign as the witness on the execution (last)
page.

4. If any terms of the Real Estate Purchase Agreement are changed by any means, including but not
limited to terms crossed out or inserted by pen, and/or pages being added which contain
additional terms, both parties should initial near the changes to reflect their acceptance of the
new terms and conditions. However, the witness does not need to initial the changes.

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©2002-2023 LawDepot.com®
 Affidavit of Compliance of Smoke Alarm Installation

THIS AFFIDAVIT APPLIES TO THE PROPERTY SITUATED AT WHEELER RD, SOUTH

VALLEY, NY 14738, USA WITH THE LEGAL DESCRIPTION OF 3 BEDROOM 2 BATH 2 CAR
GARAGE, NEW YORK.

The Seller of the Property described herein attest that the Property at the time of transfer has installed
on its premises an operable single station smoke detecting alarm device.

_______________________________________________
Seller

_______________________________________________
Seller

Sworn to before me this ____________________ day of __________________________, 20 ______.

Notary Signature:_____________________
State of New York

My commission expires:_______________________.

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©2002-2023 LawDepot.com®
 AGRICULTURE DISTRICT DISCLOSURE

THIS STATEMENT APPLIES TO THE PROPERTY SITUATED AT WHEELER RD, SOUTH

VALLEY, NY 14738, USA WITH THE LEGAL DESCRIPTION OF 3 BEDROOM 2 BATH 2 CAR
GARAGE, NEW YORK. THE SELLER DISCLOSES THE FOLLOWING INFORMATION WITH
THE KNOWLEDGE THAT EVEN THOUGH THIS IS NOT A WARRANTY OF ANY KIND BY
THE SELLER IN THIS TRANSACTION, AND IT IS NOT A SUBSTITUTION FOR ANY
INSPECTIONS OR WARRANTIES IN THIS TRANSACTION, THE BUYER MAY RELY ON THIS
INFORMATION IN DECIDING WHETHER AND ON WHAT TERMS TO PURCHASE THE
SUBJECT PROPERTY.

The New York State Consolidated Laws states:

It is the policy of this state and this community to conserve, protect and encourage the development
and improvement of agricultural land for the production of food, and other products, and also for its
natural and ecological value. This disclosure notice is to inform prospective residents that the
property they are about to acquire lies partially or wholly within an agricultural district and that
farming activities occur within the district. Such farming activities may include, but not be limited to,
activities that cause noise, dust and odors. Prospective residents are also informed that the location of
property within an agricultural district may impact the ability to access water and/or sewer services
for such property under certain circumstances.

__________________________________ __________________________________
Date Signature of Seller Date Signature of Seller

The Buyer represents that the Buyer has read and understands this document.

__________________________________ __________________________________
Date Signature of Buyer Date Signature of Buyer

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©2002-2023 LawDepot.com®
 PROPERTY CONDITION DISCLOSURE STATEMENT

NAME OF SELLER OR SELLERS: James Torney

PROPERTY ADDRESS: Wheeler Rd, South Valley, NY 14738, USA

The Property Condition Disclosure Act requires the Seller of residential real property to cause this
disclosure statement or a copy thereof to be delivered to a Buyer or Buyer’s agent prior to the signing
by the Buyer of a binding contract of sale.

Purpose of Statement:

This is a statement of certain conditions and information concerning the property known to the Seller.
This Disclosure Statement is not a warranty of any kind by the Seller or by any agent representing the
Seller in this transaction. It is not a substitute for any inspections or tests and the Buyer is encouraged to
obtain his or her own independent professional inspections and environmental tests and also is
encouraged to check public records pertaining to the property.

A knowingly false or incomplete statement by the Seller on this form may subject the Seller to claims
by the Buyer prior to or after the transfer of title. In the event a Seller fails to perform the duty
prescribed in this article to deliver a Disclosure Statement prior to the signing by the Buyer of a binding
contract of sale, the Buyer shall receive upon the transfer of title a credit of $500 against the agreed
upon purchase price of the residential real property. "Residential real property" means real property
improved by a one to four family dwelling used or occupied, or intended to be used or occupied, wholly
or partly, as the home or residence of one or more persons, but shall not refer to (a) unimproved real
property upon which such dwellings are to be constructed or (b) condominium units or cooperative
apartments or (c) property on a homeowners’ association that is not owned in fee simple by the Seller.

Instructions to the Seller:

a. Answer all questions based upon your actual knowledge.

b. Attach additional pages with your signature if additional space is required.

c. Complete this form yourself.

Seller Initials ____________ Buyer Initials ____________ Page 1 of 8

d. If some items do not apply to your property, check "NA" (Non-applicable). If you do not know
the answer check "Unkn" (Unknown).

GENERAL INFORMATION

1. How long have you owned the property? ____________________________________

2. How long have you occupied the property? ____________________________________

3. What is the age of the structure or structures? ____________________________________

Note to Buyer – If the structure was built before 1978 you are encouraged to investigate for the
presence of lead based paint.

4. Does anybody other than yourself have a lease, easement or any other right to use or occupy any
part of your property other than those stated in documents available in the public record, such as
rights to use a road or path or cut trees or crops?
_____ Yes _____ No _____ Unkn _____ NA

5. Does anybody else claim to own any part of your property? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

6. Has anyone denied you access to the property or made a formal legal claim challenging your title
to the property? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

7. Are there any features of the property shared in common with adjoining landowners or a
homeowner’s association, such as walls, fences or driveways? If Yes, describe below.
_____ Yes _____ No _____ Unkn _____ NA

8. Are there any electric or gas utility surcharges for line extensions, special assessments or
homeowner or other association fees that apply to the property? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

9. Are there certificates of occupancy related to the property? If No, explain below.
_____ Yes _____ No _____ Unkn _____ NA

Seller Initials ____________ Buyer Initials ____________ Page 2 of 8

 ENVIRONMENTAL

Note to Seller:

In this section, you will be asked questions regarding petroleum products and hazardous or toxic
substances that you know to have been spilled, leaked or otherwise been released on the property
or from the property onto any other property. Petroleum products may include, but are not
limited to, gasoline, diesel fuel, home heating fuel, and lubricants. Hazardous or toxic
substances are products that could pose short or long-term danger to personal health or the
environment if they are not properly disposed of, applied or stored. These include, but are not
limited to, fertilizers, pesticides and insecticides , paint including paint thinner, varnish remover
and wood preservatives, treated wood, construction materials such as asphalt and roofing
materials, antifreeze and other automotive products, batteries, cleaning solvents including septic
tank cleaners, household cleaners and pool chemicals and products containing mercury and lead.

Note to Buyer:

If contamination of this property from petroleum products and/or hazardous or toxic substances
is a concern to you, you are urged to consider soil and groundwater testing of this property.

10. Is any or all of the property located in a designated floodplain? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

11. Is any or all of the property located in a designated wetland? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

12. Is the property located in an agricultural district? If Yes, explain below.

_____ Yes _____ No _____ Unkn _____ NA

13. Was the property ever the site of a landfill? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

14. Are there or have there ever been fuel storage tanks above or below the ground on the property?
_____ Yes _____ No _____ Unkn _____ NA

• If Yes, are they currently in use? _____ Yes _____ No _____ Unkn _____ NA

Seller Initials ____________ Buyer Initials ____________ Page 3 of 8

 • Location(s) ____

• Are they leaking or have they ever leaked? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

15. Is there asbestos in the structure? If Yes, state location or locations below.
_____ Yes _____ No _____ Unkn _____ NA

16. Is lead plumbing present? If Yes, state location or locations below.

_____ Yes _____ No _____ Unkn _____ NA

17. Has a radon test been done? If Yes, attach a copy of the report.
_____ Yes _____ No _____ Unkn _____ NA

18. Has motor fuel, motor oil, home heating fuel, lubricating oil or any other petroleum product,
methane gas, or any hazardous or toxic substance spilled, leaked or otherwise been released on
the property or from the property onto any other property? If Yes, describe below.
_____ Yes _____ No _____ Unkn _____ NA

19. Has the property been tested for the presence of motor fuel, motor oil, home heating fuel,
lubricating oil, or any other petroleum product , methane gas, or any hazardous or toxic
substance? If Yes, attach report(s).
_____ Yes _____ No _____ Unkn _____ NA

STRUCTURAL

20. Is there any rot or water damage to the structure or structures? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

21. Is there any fire or smoke damage to the structure or structures? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

22. Is there any termite, insect, rodent or pest infestation or damage? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

23. Has the property been tested for termite, insect, rodent or pest infestation or damage? If Yes,
please attach report(s).

Seller Initials ____________ Buyer Initials ____________ Page 4 of 8

 _____ Yes _____ No _____ Unkn _____ NA

24. What is the type of roof/roof covering (slate, asphalt, other)? _____

• Any known material defects? ____

• How old is the roof? ___

• Is there a transferable warrantee on the roof in effect now? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

25. Are there any know material defects in any of the following structural systems: footings, beams,
girders, lintels, columns or partitions? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

MECHANICAL SYSTEMS AND SERVICES

26. What is the water source? (Circle all that apply) well, private, municipal, other:___

• If municipal, is it metered? _____ Yes _____ No _____ Unkn _____ NA

27. Has the water quality and/or flow rate been tested? If Yes, describe below.
_____ Yes _____ No _____ Unkn _____ NA

28. What is the type of sewage system? (Circle all that apply) public sewer, private sewer, septic,
cesspool

• If septic or cesspool, age? _____

• Date last pumped? _____
• Frequency of pumping? ________
• Any known material defects? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

29. Who is your electrical service provider? _____

• What is the amperage? _____

• Does it have circuit breakers or fuses?

Seller Initials ____________ Buyer Initials ____________ Page 5 of 8

 • Private or public poles?
• Any known material defects? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

30. Are there any flooding, drainage or grading problems that resulted in standing water on any
portion of the property? If Yes, state locations and explain below.
_____ Yes _____ No _____ Unkn _____ NA

31. Does the basement have seepage that results in standing water? If Yes, explain below.
_____ Yes _____ No _____ Unkn _____ NA

Are there any known material defects in any of the following? If Yes, explain below. Use
additional sheets if necessary. _____ Yes _____ No _____ Unkn _____ NA

32. Plumbing system? _____ Yes _____ No _____ Unkn _____ NA

33. Security system? _____ Yes _____ No _____ Unkn _____ NA

34. Carbon monoxide detector? _____ Yes _____ No _____ Unkn _____ NA

35. Smoke detector? _____ Yes _____ No _____ Unkn _____ NA

36. Fire sprinkler system? _____ Yes _____ No _____ Unkn _____ NA

37. Sump pump? _____ Yes _____ No _____ Unkn _____ NA

38. Foundation/slab? _____ Yes _____ No _____ Unkn _____ NA

39. Interior walls/ceilings? _____ Yes _____ No _____ Unkn _____ NA

40. Exterior walls or siding? _____ Yes _____ No _____ Unkn _____ NA

41. Floors? _____ Yes _____ No _____ Unkn _____ NA

42. Chimney/fireplace or stove? _____ Yes _____ No _____ Unkn _____ NA

Seller Initials ____________ Buyer Initials ____________ Page 6 of 8

43. Patio/deck? _____ Yes _____ No _____ Unkn _____ NA

44. Driveway? _____ Yes _____ No _____ Unkn _____ NA

45. Air conditioner? _____ Yes _____ No _____ Unkn _____ NA

46. Heating system? _____ Yes _____ No _____ Unkn _____ NA

47. Hot water heater? _____ Yes _____ No _____ Unkn _____ NA

48. The property is located in the following school district __________ _____ Unkn

Note: Buyer is encouraged to check public records concerning the property (e.g. tax records and
wetland and floodplain maps).

The Seller should use this area to further explain any item above. If necessary, attach additional pages
and indicate here the number of additional pages attached. __________

Seller’s Certification:

Seller certifies that the information in this Property Condition Disclosure Statement is true and
complete to the Seller’s actual knowledge as of the date signed by the Seller. If a Seller of residential
real property acquires knowledge which renders materially inaccurate a Property Condition Disclosure
Statement provided previously, the Seller shall deliver a revised Property Condition Disclosure
Statement to the Buyer as soon as practicable. In no event, however, shall a Seller be required to
provide a revised Property Condition Disclosure Statement after the transfer of title from the Seller to
the Buyer or occupancy by the Buyer, whichever is earlier.

______________________________________
Date Signature of Seller

______________________________________
Date Signature of Seller

Buyer’s Acknowledgment:

Buyer acknowledges receipt of a copy of this statement and Buyer understands that this information is a

Seller Initials ____________ Buyer Initials ____________ Page 7 of 8

statement of certain conditions and information concerning the property known to the Seller. It i s not a
warranty of any kind by the Seller and is not a substitute for any home, pest, radon or other inspections
or testing of the property or inspection of the public records.

______________________________________
Date Signature of Buyer

______________________________________
Date Signature of Buyer

Seller Initials ____________ Buyer Initials ____________ Page 8 of 8

©2002-2023 LawDepot.com®
 SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT
HAZARDS

This statement applies to the Property at Wheeler Rd, South Valley, NY 14738, USA with the legal
description of 3 bedroom 2 bath 2 car garage, New York.

Lead Warning Statement

Every purchaser of any interest in residential real property on which a residential dwelling was built
prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may
place young children at risk of developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant
women. The seller of any interest in residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or inspections in the seller’s possession
and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to purchase.

Seller's Disclosure
a. Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

_____ Known lead-based paint and/or lead-based paint hazards are present in the housing
i.
(explain).

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

_____ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the
ii.
housing.
b. Records and reports available to the seller (check (i) or (ii) below):

_____ Seller has provided the Purchaser with all available records and reports pertaining to
i.
lead-based paint and/or lead-based paint hazards in the housing (list documents below).

Seller Initials ____________ Buyer Initials ____________ Page 1 of 2

 _______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

_____ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
ii.
hazards in the housing.
Purchaser’s Acknowledgment (initial)
c. _____ Purchaser has received copies of all information listed above.

d. _____ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.

e. Purchaser has (check (i) or (ii) below):

_____ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk
i. assessment or inspection for the presence of lead-based paint and/or lead-based paint
hazards; or

_____ waived the opportunity to conduct a risk assessment or inspection for the presence of
ii.
lead-based paint and/or lead-based paint hazards.
Agent’s Acknowledgment (initial)
f. _____ Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852(d) and is
aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge,
that the information they have provided is true and accurate.

____________________________________ ____________________________________
Seller Date Seller Date

____________________________________ ____________________________________
Purchaser Date Purchaser Date

____________________________________ ____________________________________
Agent Date Agent Date

Seller Initials ____________ Buyer Initials ____________ Page 2 of 2

©2002-2023 LawDepot.com®
 Third Party Financing Condition Addendum

This Third Party Financing Condition Addendum is hereby made part of a Real Estate Purchase
Agreement (the "Agreement") between James Torney, the "Seller" and John Walczak, the "Buyer"
concerning the Property located at Wheeler Rd, South Valley, NY 14738, USA.

Instructions to the Buyer and Seller:

a. Fill in the blank areas and check off the applicable boxes accordingly.
b. Complete and sign a copy of this form prior to the closing of the Real Estate Sales Agreement.

The Buyer must promptly, and with every reasonable effort, apply for the financing described in this
addendum. Upon the lender determining the financial requirements of the Buyer are satisfactory (e.g.
Buyer's items relating to assets, income and credit history), financial approval will be deemed valid. If
the Buyer cannot obtain adequate financing within thirty days of the Effective Date of the Agreement,
the Buyer must furnish a written notice to the Seller, upon which, either party may cancel the
Agreement and the earnest money will be refunded to the Buyer within ten days. If a written notice and
cancellation is not furnished to the Seller at the designated time, the Agreement will no longer be
subject to the Buyer being able to acquire the financing described in this addendum. Time is of the
essence and strict compliance within the time frame stipulated is required.

Each note must be secured by mortgages or deeds of trust. The financing conditions are as follows:

_____ General Financing

a. The principal amount of the first mortgage (excluding any PMI premium) valued at
$__________ is payable in full in ______ month(s). For the first ______ month(s), the interest
rate is not to exceed ______% per annum and the loan origination, discount, buy-down and
commitment fees (the "Loan Fees") are not to exceed ______% of the loan.

b. The principal amount of the second mortgage (excluding any PMI premium) valued at
$__________ is payable in full in ______ month(s). For the first ______ month(s), the interest
rate is not to exceed ______% per annum and the loan origination, discount, buy-down and
commitment fees (the "Loan Fees") are not to exceed ______% of the loan.

_____ FHA Financing

Seller Initials ____________ Buyer Initials ____________ Page 1 of 3

 The FHA insured loan, excluding any MIP, valued at $__________ is payable in full in ______
month(s). For the first ______ month(s), the interest rate is not to exceed ______% per annum and
the loan origination, discount, buy-down and commitment fees (the "Loan Fees") are not to exceed
______% of the loan.

It is expressly agreed that, notwithstanding any other provision of this contract, the Buyer shall not
be obligated to complete the purchase of the Property described herein or to incur any penalty by
forfeiture of earnest money deposits or otherwise unless written statement issued by the Federal
Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender setting
forth the appraised value of the Property of not less than $__________. The Buyer shall have the
privilege and option of proceeding with consummation of the contract without regard to the amount
of the appraised valuation. The appraised valuation is arrived at to determine the maximum
mortgage the Department of Housing and Urban Development will insure. HUD does not warrant
the value or the condition of the Property. The Buyer should satisfy himself/herself that the price and
the condition of the Property are acceptable.

_____ VA Financing

The VA guaranteed loan, excluding any Funding fee, valued at $__________ is due in full in ______
month(s). For the first ______ month(s), the interest rate is not to exceed ______% per annum and
the loan origination, discount, buy-down and commitment fees (the "Loan Fees") are not to exceed
______% of the loan.

It is expressly agreed that, notwithstanding any other provisions of this contract, the Buyer shall not
incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the
purchase of the Property described herein, if the contract purchase price or cost exceeds the
reasonable value of the Property established by the Department of Veterans Affairs. The Buyer shall,
however, have the privilege and option of proceeding with the consummation of this contract without
regard to the amount of the reasonable value established by the Department of Veterans Affairs.

Seller Initials ____________ Buyer Initials ____________ Page 2 of 3

If the Buyer elects to proceed with the Agreement at an amount greater than the reasonable value of the
Property as established by the Federal Housing Commissioner, U.S. Department of Veterans Affairs, or
Direct Endorsement Lender, the Buyer must pay the excess amount in cash and disclose to the Seller
and any lender the source of the cash. If the Property's said reasonable value is less than the Purchase
Price, the Seller may reduce the Purchase Price to the established reasonable value and the Agreement
will be closed with the reduced price.

The Buyer agrees to assume all necessary costs in relation to the obtaining of the loan(s) with the
exception of certain costs associated with FHA/VA loans in which the Buyer is prohibited to pay.

__________________________________
Date Signature of Seller

__________________________________
Date Signature of Buyer

Seller Initials ____________ Buyer Initials ____________ Page 3 of 3

©2002-2023 LawDepot.com®