The Commercial Real Estate Offer To Purchase is a crucial document in U.S. commercial property transactions, typically used at the beginning of negotiations between buyer and seller. It serves as a formal written proposal detailing the buyer's terms for purchasing commercial property, including price, contingencies, and timeline. This document is essential for establishing the framework of the transaction and protecting both parties' interests. It must comply with state-specific real estate laws and often requires careful consideration of zoning, environmental, and occupancy requirements.
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1. Parties: Identification of buyer and seller, including legal names and addresses
2. Background: Brief description of the property and context of the transaction
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed legal description of the property and included assets
5. Purchase Price: Amount and payment terms
6. Earnest Money: Details of deposit amount, holder, and conditions
7. Due Diligence Period: Timeframe and conditions for property investigation
8. Closing Conditions: Requirements that must be met before closing
9. Representations and Warranties: Statements of fact by both parties
1. Financing Contingency: Terms related to buyer's ability to secure financing
2. Environmental Contingency: Conditions related to environmental assessments
3. Tenant Rights: Existing lease agreements and tenant obligations
4. 1031 Exchange: Terms related to tax-deferred exchange
1. Property Survey: Detailed survey of the property boundaries and improvements
2. Title Report: Current title report showing ownership and encumbrances
3. Environmental Reports: Phase I/II environmental assessment results
4. Property Condition Report: Detailed assessment of property's physical condition
5. Rent Roll: Current tenant list and lease terms if applicable
6. Service Contracts: List of existing service agreements affecting the property
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