The Florida Commercial Contract form is a legal document used in real estate transactions involving commercial properties in Florida. It outlines the terms and conditions under which a buyer agrees to purchase property from a seller. The form includes details such as the parties involved, property description, purchase price, financing terms, and closing procedures.
Who are the parties involved in the contract?
The parties involved in the Florida Commercial Contract are typically the buyer and the seller. The buyer is the individual or entity purchasing the property, while the seller is the individual or entity selling the property. Both parties must sign the contract for it to be legally binding.
The property description section requires specific details about the property being sold. This includes:
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The street address of the property.
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The legal description of the property, which may include parcel numbers or lot descriptions.
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A list of any personal property included in the sale, such as fixtures or equipment.
How is the purchase price structured?
The purchase price is a critical component of the contract. It includes the total amount the buyer agrees to pay for the property, any deposits made, and how those deposits will be credited at closing. The contract specifies the amounts for initial deposits, additional deposits, and the balance due at closing.
What happens if the buyer cannot obtain financing?
If the buyer is unable to secure financing, the contract includes provisions for cancellation. The buyer must use good faith efforts to obtain loan approval by a specified date. If unsuccessful, the buyer can notify the seller to either waive the financing contingency or cancel the contract. If neither action is taken, the seller may cancel the contract at any time thereafter.
What is the closing process outlined in the contract?
The closing process is detailed in the contract and includes the following key elements:
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The closing date, which is the date the transaction is finalized.
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The location of the closing, typically in the county where the property is located.
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Responsibilities of both parties regarding documentation, fees, and the transfer of possession.
Both parties must ensure that all required documents and payments are in order for a successful closing.
What are the consequences of defaulting on the contract?
Defaulting on the contract can have serious consequences. If the seller fails to close the sale due to reasons other than title issues, the buyer can either receive a refund of their deposit or seek specific performance. Conversely, if the buyer defaults, the seller may retain the deposit as liquidated damages or seek specific performance to enforce the contract.