|
Form Simplicity
<br />2/26/21, 12:06 PM
<br />277 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be
<br />278 liable for the full amount of the brokerage fee.
<br />279 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract,
<br />280 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the
<br />281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages,
<br />282 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer
<br />283 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in
<br />284 equity to enforce Seller's rights under this contract.
<br />285 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to
<br />386 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting
<br />387 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.
<br />288 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively
<br />289 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them
<br />290 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing
<br />291 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and
<br />292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person
<br />293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this
<br />294 contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees
<br />295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed
<br />296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
<br />297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations
<br />298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this
<br />299 contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor
<br />300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax,
<br />301 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside
<br />302 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller
<br />303 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and
<br />304 government agencies for verification of the Property condition and facts that materially affect Property
<br />305 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all
<br />306 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising
<br />307 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold
<br />308 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or
<br />309 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or
<br />310 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video
<br />311 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's
<br />312 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475,
<br />313 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv)
<br />314 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each
<br />315 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve
<br />316 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract.
<br />317 This Paragraph will survive closing.
<br />318 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
<br />319 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales
<br />320 Commission Lien Act provides that when a broker has earned a commission by performing licensed services
<br />321 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the
<br />322 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned.
<br />323
<br />324
<br />325
<br />326
<br />327
<br />328
<br />329
<br />330*
<br />331
<br />21. Brokers: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to
<br />closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage
<br />fees as specified in separate brokerage agreements with the parties and cooperative agreements between the
<br />Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be
<br />used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers.
<br />S7erIes Associate/License No. Buyer's Sales Associate/License No.
<br />Bu er)andSeller (} O acknowledge receipt of a copy of this page, which is 6 of 8 pages.
<br />VA -13
<br />Serial#: 015666-600161-4359124
<br />02020 Florida Realtors-
<br />....._ a Forrn
<br />� Sifflial(City
<br />https://forms.floridareaItors.org/api/print/pdf-viewer Page 6 of 8
<br />
|