Free Arizona Commercial Real Contract Form Get Form Now

Free Arizona Commercial Real Contract Form

The Arizona Commercial Real Estate Purchase Contract is a legal document designed to facilitate the sale of commercial properties in Arizona. This contract outlines the terms and conditions agreed upon by the buyer and seller, ensuring a clear understanding of their obligations throughout the transaction. By using this form, both parties can navigate the complexities of real estate transactions with greater confidence and clarity.

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Dos and Don'ts

When filling out the Arizona Commercial Real Contract form, it is important to follow specific guidelines to ensure accuracy and compliance. Below are five things you should do and five things you should avoid.

  • Do ensure that all information is filled out completely and accurately, including the property description and buyer/seller details.
  • Do provide earnest money as specified, ensuring it is deposited into an acceptable account.
  • Do read all terms and conditions carefully, especially regarding the due diligence period and cancellation rights.
  • Do communicate any changes or amendments clearly and prominently in the contract.
  • Do consult a legal or professional advisor for guidance on any complex issues or concerns.
  • Don't leave any sections blank; incomplete forms may lead to misunderstandings or disputes.
  • Don't ignore the deadlines for earnest money deposits or due diligence notices.
  • Don't make changes to the pre-printed language without highlighting them clearly.
  • Don't assume that verbal agreements are binding; all terms should be documented in writing.
  • Don't proceed without confirming that all parties have signed the contract before submitting it to the escrow company.

Key takeaways

Key Takeaways for Using the Arizona Commercial Real Estate Purchase Contract

  • Understand the Earnest Money Requirements: The contract specifies the amount of earnest money and how it should be handled. This money is crucial as it shows the buyer's commitment. If the buyer breaches the contract, they risk losing this deposit.
  • Review the Due Diligence Period: Buyers have a 30-day period to inspect the property and its title. It's essential to use this time wisely to ensure the property meets your needs and expectations.
  • Possession and Closing Details: The contract outlines when the buyer can take possession of the property. Ensure you understand the closing date and any conditions that may affect it.
  • Consult Professionals: The form advises seeking legal or tax advice before making changes. Having a professional review the contract can help avoid potential pitfalls.

Discover More on This Form

What is the Arizona Commercial Real Contract form?

The Arizona Commercial Real Contract form is a legal document used for the purchase of commercial real estate in Arizona. It outlines the terms and conditions of the sale, including the property description, purchase price, earnest money, and the responsibilities of both the buyer and seller. This form is essential for ensuring that all parties are clear about their obligations and rights during the transaction.

How is earnest money handled in this contract?

Earnest money is a deposit made by the buyer to demonstrate their serious intent to purchase the property. In this contract, the amount of earnest money must be specified, and it can be delivered to either the escrow company or held by the broker until the contract is mutually executed. If the buyer breaches the contract, they risk forfeiting the earnest money. If a check for earnest money is dishonored, the seller has the option to cancel the contract.

What is the Due Diligence Period?

The Due Diligence Period is a specified timeframe, typically thirty days, during which the buyer can inspect the property and evaluate its condition, title, and suitability for their intended use. If the buyer disapproves of the property during this period, they have the right to cancel the contract and receive their earnest money back. Alternatively, they can notify the seller of their concerns and request corrections.

What happens if the buyer disapproves of the property?

If the buyer disapproves of the property within the Due Diligence Period, they can choose to cancel the contract without further consent, resulting in the return of their earnest money. If they prefer to give the seller a chance to address their concerns, they must notify the seller in writing. The seller then has five days to respond. If the seller cannot or will not make the necessary corrections, the buyer has the option to cancel the contract or proceed with the purchase as is.

How is the closing process defined in this contract?

The closing process, or Close of Escrow, is defined as the recordation of the deed and any other necessary documents to complete the transaction. The contract specifies a closing date, and if either party fails to comply with the terms by that date, it constitutes a material breach. This ensures that both the buyer and seller are held accountable for timely completion of the sale.

Are there any warranties provided by the seller?

No warranties are provided by the seller regarding the personal property included in the sale. The contract states that personal property will be transferred in "AS-IS" condition, free of any liens and encumbrances. The seller makes no express or implied warranties, including any warranty of merchantability. Buyers should conduct thorough inspections to ensure they are satisfied with the property's condition before finalizing the purchase.

Documents used along the form

When engaging in a commercial real estate transaction in Arizona, several other forms and documents may be necessary alongside the Arizona Commercial Real Estate Purchase Contract. Understanding these documents can help ensure a smooth process.

  • Earnest Money Receipt: This document confirms the receipt of earnest money from the buyer. It outlines the amount and terms under which the earnest money will be held, ensuring both parties understand their obligations.
  • Escrow Instructions: This document provides detailed instructions to the escrow company on how to handle the transaction. It includes information about the parties involved, the property, and the terms of the sale.
  • Property Disclosure Statement: Sellers must provide this statement to inform buyers about the condition of the property. It covers any known issues, repairs, or other relevant details that may affect the buyer’s decision.
  • Lead-Based Paint Disclosure: Required for properties built before 1978, this document informs buyers about potential lead-based paint hazards. It ensures that buyers are aware of the risks and can take necessary precautions.
  • Title Report: This report provides information about the property’s title history. It reveals any liens, encumbrances, or claims against the property, helping buyers understand their rights and any potential issues.
  • Closing Statement: This document outlines all financial aspects of the transaction at closing. It details the purchase price, closing costs, and any adjustments, ensuring transparency for both parties.

Having these documents ready can facilitate a more efficient transaction. Always consult with professionals to ensure compliance and clarity throughout the process.

Document Sample

Guidelines on How to Fill Out Arizona Commercial Real Contract

Completing the Arizona Commercial Real Estate Purchase Contract requires careful attention to detail. This form outlines the agreement between the buyer and seller regarding the purchase of commercial property. Following the steps below will help ensure that all necessary information is accurately provided.

  1. Enter Buyer Information: Fill in the name of the buyer on the designated line.
  2. Agency Confirmation: Indicate whether the broker represents the buyer, the seller, or both by checking the appropriate box.
  3. Earnest Money: Specify the amount of earnest money being offered. This should be a sum that both parties agree upon.
  4. Deposit Instructions: Choose how the earnest money will be handled by checking one of the options for delivery and deposit.
  5. Property Description: Provide the full address of the property, including city, county, and zip code. Include the assessor's parcel number and legal description.
  6. Fixtures and Improvements: List any fixtures and improvements that are included in the sale. Make sure to clarify any exclusions or additional items.
  7. Escrow Information: Fill in the details of the escrow company, including the name, address, email, contact person, and phone number.
  8. Closing Date: Specify the closing date. If a different date is needed, ensure that both parties agree in writing.
  9. Possession Details: Indicate when possession of the property will be transferred to the buyer.
  10. Due Diligence Period: State the length of the due diligence period, which is the time the buyer has to inspect the property.
  11. Disapproval Process: Outline the process for the buyer to disapprove of the property, including the options available for cancellation or negotiation.
  12. Signatures: Ensure that all parties sign and date the contract where indicated to finalize the agreement.

After completing the form, it is advisable to review it thoroughly for any errors or omissions. Both parties should keep a copy of the signed contract for their records. Additionally, consulting with a legal professional may be beneficial to ensure all terms are understood and agreed upon.

Common mistakes

Filling out the Arizona Commercial Real Estate Purchase Contract can be a daunting task. Mistakes in this process can lead to misunderstandings or even legal complications down the line. Here are eight common errors to watch out for when completing this important document.

First, many individuals fail to provide a complete property description. It’s crucial to include not just the address but also the legal description and the assessor's parcel number. Omitting any of these details can create confusion about the exact property being sold. A precise description ensures that both parties are clear about what is included in the transaction.

Second, buyers often neglect to specify the amount of earnest money. This section is vital because it demonstrates the buyer's commitment to the transaction. Not stating this amount can lead to disputes later on. Ensure that the earnest money is clearly indicated, along with how it will be handled—whether by the escrow company or the broker.

Another frequent mistake is not checking the appropriate agency confirmation box. Buyers and sellers must clearly understand who their agent represents. Failing to indicate whether the broker is acting for the buyer, the seller, or both can lead to potential conflicts of interest and misunderstandings about representation.

Additionally, buyers sometimes overlook the due diligence period. This section allows buyers to inspect the property and assess its condition. Not specifying the length of this period can lead to rushed decisions or missed opportunities to identify issues with the property. It’s essential to take the time to determine an appropriate due diligence timeframe.

Another common error is not including all necessary addenda. If there are additional agreements or disclosures, such as a lead-based paint disclosure, these should be clearly noted in the contract. Failing to include these documents can create legal problems later, especially if they are required by law.

Buyers may also forget to indicate the closing date. This date is critical as it sets the timeline for the transaction. If a closing date is not specified, it can lead to confusion and delays. Both parties should agree on a realistic timeline that accommodates their needs.

Moreover, some individuals do not pay attention to the terms regarding possession and keys. This section outlines when the buyer will take possession of the property and the condition of the keys provided. Leaving this vague can result in disputes about when the buyer can move in or access the property.

Finally, failing to sign the document correctly can invalidate the entire contract. All parties involved must ensure that they sign where indicated and provide their initials where required. A missing signature can lead to significant delays or complications in the transaction process.

Being mindful of these common mistakes can help ensure a smoother transaction. Taking the time to review each section carefully and seeking assistance when needed can make all the difference in successfully completing the Arizona Commercial Real Estate Purchase Contract.