Terms of Sale
The following terms and conditions are applicable to the seller (Peakrealtysolutions.com), the Buyer, prospective buyers, and Bidders on any property offered through Peakrealtysolutions.com, or through any third party affiliate in conjunction with Peakrealtysolutions.com
Peakrealtysolutions.com as the seller of these properties shall hereafter be referred to as the “Seller”.
The individual purchasing or bidding on property from the Seller, or from the Seller through a third party affiliate shall be hereafter referred to as the “Buyer” or “Bidder”.
General Terms of Sale:
All Sales are final after receipt of funds and signature of documents related to sale.
If a Buyer or Bidder rescinds purchase after paying full or partial payment (such as a down payment) but before the Documents relating to the sale are signed, Peak Real Estate, LLC as the processing company has the right to charge a Processing fee of up to 10% of the amount paid.
Forms of payment accepted:
Credit Card payments are acceptable only for new purchases for
– Full Payment of Purchase Price
– Down Payments
– Final Pay-Off Payments
(PayPal payments are only acceptable as payment for new purchased)
– Full Payment of Purchase Price
– Down Payments
Neither Credit Card nor PayPal is allowed to be used to make any monthly payments. The only form of payment acceptable for monthly payments (when Seller agrees to Seller Carry Back) is Automated Clearing House (ACH) payments. If you have any questions about this, or need to set up recurring payments with us, please call us at 480-968-2070 M-F 9am to 5pm MST.
Conditions of Sale:
All properties are being sold in an “As Is, Where Is, and with All Faults” condition as of the date of the sale (date of sale). All sales are considered SOLD and FINAL. Buyer or Bidder understands that Seller will abide by all state disclosure laws and will disclose all known facts regarding the property. Buyer or Bidder acknowledges that all properties are being sold subject to all existing covenants, conditions, restrictions, reservations, exploration and mineral rights, easements, rights of way, assessments, zoning, and all other land use restrictions as there may be on or off record.
Inspect The Property Before You Buy!
All Buyers or Bidders must personally inspect each property and its physical condition prior to placing an offer in writing or via the online website. All winning Buyers or Bidders will be required to personally sign an affidavit stating that the Buyer or Bidder has inspected the property and is satisfied with its suitability for the purpose intended, including the availability of utilities and rights of way or the lack thereof. The Buyers or Bidders will further warrant and represent to the Seller and to Peakrealtysolutions.com that they will not purchase any lot or parcel that they have not personally visited and physically inspected prior to the purchase. Failure of a Buyer or Bidder to obtain full information about the condition of a property, or to conduct their own on-site or off-site property inspection, will in no way constitute grounds for any claim against the Seller nor the cancellation or adjustment of the sale.
Seller’s and Website Disclaimer:
Peakrealtysolutions.com act solely as Marketplace and are NOT acting as Brokers Agents or Active Facilitators. Listings of properties on Peakrealtysolutions.com are subject to approval by Website Owners and operators but are free to the public and do not result in payment of a commission or fee to either Website owner or operators.
Any announcements made by phone or in person at the sale of a property will supersede any oral or written statements made prior to that time. Information contained herein was derived from sources believed to be correct, but is not guaranteed. Seller and Website does not accept responsibility for information presented. It is the responsibility of the Buyer or Bidder to determine the accuracy of all measurements and specifications of property. The Sale will be conducted by the Seller as a FSBO (For Sale By Owner) Transaction.
Closing / Recording Fee and Property taxes:
Closing / Recording Fee:
Sellers are allowed and may charge a one-time, non-refundable Closing / Recording Fee for property purchased. This fee covers document transfer fees (if applicable) charged by the respective counties, county recording fees of the Real Estate Sale Agreement, the recording fees of the Deed once the property is paid off and the efforts of the sellers to prepare any necessary documents.
Loan Servicing Fee:
If a seller decides to offer Seller Carry back, the seller can and may charge a reasonable monthly loan servicing fee per property to be included in the monthly payments to help cover the seller’s cost of processing the loan payments by the loan-servicing agency of the seller’s choice.
Impound Fee/Property Taxes/Association Fees:
If Buyer or Bidder chooses the financing option, Seller will require that a portion (representing 1/12th) of the annual property taxes be added to the monthly loan payment, plus an additional amount if applicable, for assessments/association fees, etc. The Loan Servicing Agency will be responsible for payment of property taxes on an annual basis. Buyer or Bidder is responsible for all property taxes due after the date of the sale. Taxes will be prorated such that Seller is responsible for all property taxes due and payable until and including the day of sale.
Early Loan Pre-Payment:
There is NO PRE-PAYMENT PENALTY. Any loan can be paid off at any time without any fees or additional charges.
No Monthly loan payments are permitted to be submitted in the form of PayPal or Credit Card.
Monthly payments can only be made in the forms mentioned in the above section “Forms of payment accepted”
Purchase / Sale Contract:
All properties will be sold on a Real Estate Sale Agreement (CONTRACT FOR DEED) which upon request will be recorded with the County Official (Recorder/Clerk) of the county in which the property is located. Where required by law, an Affidavit of Property Disclosure will also be recorded, along with the Real Estate Sale Agreement and/or Deed. The Affidavits of Property Disclosure will be available to the public through this website.
Buyers or Bidders cannot assign a contract to a third party.
Unless otherwise stated, once a Seller Carry Back Loan is paid off, or in case of a Cash Sale the Seller will convey ownership to properties using a “Special Warranty Deed” (or for properties located in California a “Grant Deed”).
Seller will not issue title insurance for the property and acquiring title insurance is solely up to the Buyer or Bidder after ownership transfer has occurred. Deed will be recorded in accordance with the Purchase Contract with the county where the property is located. County officials will be advised to return the Deed to Buyer or Bidder after completion of recording procedures. Seller will not provide escrow or title insurance.
Instead, Seller will honor the following five Seller Guarantees.Seller Guarantees:
Seller guarantees that:
At the time of sale the property is free and clear from liens other than recurring assessments and bonds and that the property has marketable title.
The pictures displayed on www.Peakrealtysolutions.com and corresponding property description for each particular property describes Seller’s opinion of the property condition and/or property area based upon Seller’s visit to the property and/or property area and are not guaranteed to be pictures of the actual property.
At the time that the documents are signed the properties do not have any delinquent taxes due.
Land Sale Agreement (Contract for Deed) for each parcel will upon request be recorded with the appropriate county office promptly and within a reasonable time frame after the sale.
Any Affidavits of Disclosure or other Seller property disclosure statements have been made to the best of the Seller’s knowledge.
Seller and website do not guarantee:
The property boundaries and corner markers to be accurate since they have been identified only by the location of the surrounding corner markers. The exact property boundaries and locations can only be identified by an official property survey.
Suitability of property for building site. Some property encumbrances can only be identified by a detailed expert inspection of a property. Unless otherwise stated, Sellers are unaware of such encumbrances.
Availability of municipal water or water via a private well. All Buyers and Bidders are urged to contact local municipal planning and zoning departments or the State Department of Water Resources for information on water availability and local municipal development departments for future water availability plans.
Availability of Utilities. Contact the local utility company for information on availability, cost and future development plans for extending electric and telephone lines to the property.
Feasibility to place a “standard” septic system on the property. Seller has not engaged in any kind of soil or percolation testing. Some properties might require the installation of an “alternative” (i.e. Hydraulic, Sand Filtered, or Mounted, to name a few) septic system. Unless otherwise stated, Seller is unaware of such conditions.
Physical or legal road access or lack thereof. Seller is unaware of such encumbrances unless specifically stated in the individual property listing. Some parcels might be “land-locked.”
That any roads existing on third party maps (amongst them but not limited to: County Maps, www.Maps.google.com,www.mapquest.com, Delorme Streetfinder, MapUSA, etc.) actually exist. All maps were provided by the Sellers and were provided for information and orientation purposes only. No liability is assumed for the accuracy of the data delineated thereon.
Any zoning restrictions, building codes, permit requirements or any other land use restrictions. Contact local municipal Planning and Zoning Departments or affiliated Departments (like Building and Public Safety Department) of the municipality or county in which the property is located.
The existence of Mineral Rights for the property. Unless otherwise stated for a particular property, Buyer and Bidder should assume that No Mineral Rights come with the property (since the vast majority of all properties in Arizona come without Mineral Rights). Contact appropriate local authorities for clarification on Mineral Rights on a particular property you are interested in.
Existence of Homeowners Association Fees, local or regional Bonds for Utilities, Water, Sewer, and street improvement. Unless otherwise stated for a property, Seller is unaware of such assessments.
Directions to properties. Directions to properties are provided for orientation purposes only and Seller does not guarantee the accuracy of such directions.
Affidavit of Contract Termination – Right of Rescission
Breach of Seller Guarantees:
If after the close of the Sale (Cash or Financed) a breach in any one of the five Seller Guarantees issued by the Seller is discovered, the possible actions will be limited to one of the following two options to be determined by the Seller(s):
The Land Sale Agreement may be canceled and all funds paid, including all fees, will be returned to the Buyer or Bidder. In turn the Buyer or Bidder agrees to sign an “Affidavit of Contract Resolution” which will be recorded with the County Recorder/Clerk in the county in which the property is located.
Seller can also choose to cure the defect at Seller’s expense.
If the Deed had already been conveyed to the Buyer or Bidder before the breach was discovered and Buyer or Bidder and Seller agree to rescind the ownership transfer, the Buyer or Bidder shall execute and deliver ownership and possession of the property in question back to the Seller via Warranty deed. Property shall be re-conveyed to Seller in same condition as it was received.
Guarantees do not extend to any party other than the Seller and the Buyer or Bidder and do not extend to any third parties.