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Blank Kansas Estate Contract Form

The Kansas Estate Contract form is a legal document used in the sale of residential real estate in Kansas. This contract outlines the agreement between the buyer and seller, detailing the terms of the sale, property description, and any additional inclusions or exclusions. Understanding this form is essential for ensuring a smooth transaction and protecting the interests of both parties involved.

Outline

The Kansas Estate Contract form is a comprehensive document designed to facilitate the sale of residential real estate in Kansas. This contract outlines the agreement between the seller and the buyer, detailing essential aspects such as the property description, purchase price, and terms of sale. It includes provisions for bank-owned properties, ensuring clarity regarding the seller's authority to execute the contract. The form specifies what is included in the sale, addressing fixtures, equipment, and appliances, while allowing for additional inclusions or exclusions as agreed upon by both parties. The contract also incorporates a home warranty option, providing buyers with added protection for the property's working components for one year post-closing. Additionally, it highlights the importance of seller disclosures, requiring sellers to disclose any known material defects to potential buyers. The effective date of the contract is clearly defined, along with the processes for modifications and notifications. By covering these critical elements, the Kansas Estate Contract form aims to protect the interests of both buyers and sellers, ensuring a smoother transaction process in the Kansas real estate market.

Sample - Kansas Estate Contract Form

RESIDENTIAL REAL ESTATE SALE CONTRACT

1THIS CONTRACT is made between: (PRINT NAMES AND INDICATE MARITAL STATUS; IF NOT

2 COMPLETED, SELLER'S NAMES TO BE INSERTED BY LICENSEE ASSISTING SELLER PRIOR TO

3 PRESENTATION TO SELLER)

5 SELLER: ____________________________________________________________________________

6BUYER: _____________________________________________________________________________

8 Bank-Owned Property (check if applicable): If the real property is bank-owned and the titled owner

9 of record is not known at the Effective Date of this Contract, BUYER and SELLER agree the name of the

10SELLER is amended to as it is stated in the Deed at Closing and is incorporated herein by reference and in

11any amendments and addenda. SELLER warrants it has full authority to sign and perform on this Contract

12on behalf of the titled owner of record.

14CONTRACT, ADDENDA, INCLUSIONS AND PROCESSES

161. PROPERTY. BUYER agrees to purchase and SELLER agrees to sell the real property and the

17improvements thereon (the "Property") commonly known as:

18__________________________________________________ ______________________________

19	Street Address		City	Zip	County
20
21	STATE: (CHECK ONE)	Missouri	Kansas
22

23LEGAL DESCRIPTION: (As described below)

24__________________________________________________________________________________

25_________________________________________________________________________________

26_________________________________________________________________________________

27__________________________________________________________________________________

29This Contract, including the Fixtures, Equipment and Appliances paragraph of the Seller’s Disclosure

30and Condition of Property Addendum (“Seller’s Disclosure”), not the MLS, or other promotional material,

31provides for what is included in the sale of the Property.

33Items listed in the “Additional Inclusions” or “Exclusions” below supersede the Seller’s Disclosure and

34the pre-printed list below. If there are no “Additional Inclusions” or “Exclusions” listed, the Seller’s

35Disclosure and the pre-printed list below govern what is or is not included in the sale.

37IF THERE ARE DIFFERENCES BETWEEN THE SELLER’S DISCLOSURE AND THE PRE-PRINTED

38LIST BELOW, THE SELLER’S DISCLOSURE GOVERNS. Unless modified by the Seller’s

39 Disclosure and/or the “Additional Inclusions” and/or the “Exclusions”, all existing

40improvements on the Property (if any) and appurtenances, fixtures and equipment (which

41SELLER agrees to own free and clear) whether buried, nailed, bolted, screwed, glued or

42otherwise permanently attached to the Property are expected to remain with Property, including,

43but not limited to:

45	Bathroom mirrors (wall mounted/	Lighting and light fixtures	Shelving, racks and towel bars
46	hung)	Mounted Entertainment System	(if attached)
47	Fences	Brackets	Storm windows, doors & screens
48	Fireplace grates, screens and/or	Other mirrors (if attached)	Window blinds, curtains, coverings and
49	glass doors (if attached)	Plumbing equipment and fixtures	mounting components

50Floor Coverings (if attached)

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51 Improvements on the Property include a manufactured/mobile home. (A manufactured/mobile

52home may be considered personal property unless certain requirements have been met.)

54a. Additional Inclusions. The following items, if any, supersede the Seller’s Disclosure and the pre-

55	printed list before; are considered to be part of the Property, and are included in the sale.
56	_______________________________________________________________________________
57	_______________________________________________________________________________
58	_______________________________________________________________________________
59	_______________________________________________________________________________
60	_______________________________________________________________________________
61	_______________________________________________________________________________
62	b. Exclusions. The following items, if any, supersede the Seller’s Disclosure and the pre-printed list
63
64	before; are not considered to be part of the Property, and are not included in the sale.
65	_______________________________________________________________________________
66	_______________________________________________________________________________
67	_______________________________________________________________________________
68	_______________________________________________________________________________
69	_______________________________________________________________________________
70	_______________________________________________________________________________
71

72c. Limited Home Warranty. (Check if applicable):

74	1.	SELLER	BUYER, at a cost not to exceed $			, agrees to purchase a home
75		warranty plan from					____ (vendor) to be paid at
76		Closing. A home warranty plan is a limited service Contract covering repair or replacement of
77		the working components of the Property for one year from the Closing Date subject to the terms
78		and conditions of the individual plan with a per claim deductible of $ ___________.
79
80	2.	The (Check	one)	Licensee assisting SELLER	Licensee assisting BUYER will be
81		responsible for making arrangements for the home warranty plan, submitting required
82		documentation for such to the Closing Agent prior to the Closing Date. Broker may receive a fee
83		from the warranty company.
84

85Home warranty plans may not cover pre-existing conditions and are not a substitute for

86inspections.

882. ADDITIONAL TERMS AND CONDITIONS._______________________________________________

89__________________________________________________________________________________

90__________________________________________________________________________________

91__________________________________________________________________________________

92__________________________________________________________________________________

93__________________________________________________________________________________

94__________________________________________________________________________________

95__________________________________________________________________________________

973. ADDENDA. The following Addenda (riders, supplements, etc.) are attached hereto and are a part of

98this Contract (Check applicable boxes):

100	Seller’s Disclosure and Condition of Property Add.	Dispute Resolution/Mediation Addendum
101	Lead Based Paint Disclosure Addendum	Other: ________________________________
102	Contingency for Sale and/or Closing Add.	Other: ________________________________
103	(see FINANCIAL TERMS paragraph)	Other: ________________________________
104

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105 a. Effective Date. The Effective Date will be the date of final acceptance by the last party to sign

106this agreement or a Counter Offer Addendum, and Addendum(s) including the following signed by

107all parties and attached hereto: The Brokerage Relationship Disclosure Paragraph of this

108agreement; SELLER completes and BUYER and SELLER have signed a Seller’s Disclosure

109and Condition of Property Addendum and, if applicable, a Lead Based Paint Disclosure

110	Addendum for the Property.
111

112b. Seller’s Disclosure Status. SELLER confirms information contained in the Seller’s Disclosure and

113Condition of Property Addendum is current as of the Effective Date of the Contract. SELLER

114	understands that the law requires disclosure of any material defects, known to SELLER, in the
115	Property to prospective Buyer(s) and that failure to do so may result in civil liability for damages.
116

117c. Entire Agreement and Manner of Modifications. This Contract and all attachments constitute the

118		complete agreement of the parties concerning the Property; supersede all previous agreements,
119		and may be modified or assigned only by a written agreement signed by all parties.
120
121	d.	Parties. This is a Contract between SELLER and BUYER. If SELLER or BUYER constitutes two or
122		more persons, the terms "SELLER" or "BUYER" will be construed to read "SELLERS" or "BUYERS"
123		whenever the sense of the Contract requires.
124
125		Unless identified as SELLER or BUYER, Listing Broker and any Cooperating Broker and their
126		Agents (collectively referred to as "Broker") and any Escrow or Closing Agent are acting as Agents
127		only and are not parties to this Contract.
128
129		SELLER and BUYER acknowledge Broker may have a financial interest in third parties providing
130		specialized services required by this Contract including, but not limited to: Lender, title insurance
131		company, Escrow Agent, Closing Agent, warranty company, wood infestation/mechanical/structural
132		or other inspectors and repair personnel. SELLER and BUYER agree Broker will not be responsible
133		for the conduct of third parties providing specialized services whether those services were arranged
134		by SELLER, BUYER, or Broker on behalf of either.
135
136	e.	Notices. Any notice or other communication required or permitted hereunder may be delivered in
137		person, by facsimile, United States Postal Service, courier service or email to the address set forth
138		in this Contract or such other address or number as will be furnished in writing by any such party.
139
140		Such notice or communication will be deemed to have been given as of the date and time so
141		delivered. Delivery to or receipt by the Licensee assisting BUYER will constitute receipt by BUYER
142		and delivery to or receipt by the Licensee assisting SELLER will constitute receipt by SELLER.
143
144	f.	Electronic Transaction. All parties agree this transaction may be conducted by electronic means,
145		including email, according to the Uniform Electronic Transaction Act as adopted in Kansas and
146		Missouri.

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147PURCHASE PRICE, FINANCIAL TERMS AND CLOSING AND POSSESSION

149	4. PURCHASE PRICE. The Purchase Price for the Property is ……					$ _________________
150	which BUYER agrees to pay as follows:
151
152	a. Earnest Money in the form of: (Check one)
153	Personal check OR		Other ______________________________
154		in the amount of …………………………………………………				$________________(a)
155	Deposited with: (Check one)
156					Listing Broker
157					Escrow Agent
158	SELLER (BUYER acknowledges that funds payable to and held by
159	SELLER WILL NOT be held subject to the terms in Earnest Money
160	and Additional Deposits paragraph.)
161
162	b. Additional Earnest Money on or before			________		$________________(b)
163	Personal check OR		Other ______________________________
164	Deposited within 5 business days with: (Check one)
165					Listing Broker
166					Escrow Agent
167	SELLER (BUYER acknowledges that funds payable to and held by
168	SELLER WILL NOT be held subject to the terms of Earnest Money
169	and Additional Deposits paragraph.)
170
171	c. Total Amount Financed by BUYER (Zero if Cash Sale)					$________________(c)
172	(not including financed mortgage insurance premiums,
173	DVA Funding Fee or other closing costs, if any)
174
175	d. Balance of Purchase Price to be paid in CERTIFIED FUNDS					$________________(d)

176(Purchase Price less a, b & c of this paragraph) on or before Closing Date

178e. Total Additional Seller Expenses (Each line $0 if left blank):

180	1.	Additional SELLER paid costs. In addition to any other costs SELLER
181		agreed to pay herein, SELLER agrees to pay other allowable closing
182		costs permitted by Lender(s) and/or prepaid items for BUYER, not
183		to exceed:	$________________
184
185	2.	Lender(s) approved down payment assistance costs.	$________________
186
187		TOTAL ADDITIONAL SELLER EXPENSES NOT TO EXCEED:	$________________
188

189f. Other Financing Costs.

1911. Loan Costs. BUYER agrees to pay all customary costs necessary to obtain the Loan(s)

192		(including but not limited to, origination fees, discounts or buy-downs) unless otherwise agreed.
193
194	2.	Private Mortgage Insurance (PMI). BUYER will pay any up front PMI premium and annual
195		renewal premiums or will finance the PMI as a part of the Loan(s), if required by Lender(s).
196
197	3.	FHA Mortgage Insurance (MIP). BUYER will pay any up front MIP premium and annual
198		renewal premiums or will finance MIP as a part of the Loan(s).

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199	4.	DVA Funding Fee as required by Lender(s) will be paid at Closing by the BUYER or financed
200		as part of the Loan(s).
201	5.	Flood Insurance. BUYER agrees to pay for flood insurance if required by Lender(s).
202

2035. APPRAISED VALUE CONTINGENCY.

205If Financing is being obtained, the appraisal must be completed before the Loan commitment

206due date.

208If a cash sale, BUYER may within _______ calendar days from the Effective Date of this Contract

209(within the Inspection Period if left blank) obtain, at BUYER’S expense, an appraisal of the Property by

210an independent licensed appraiser.

211

212If the final appraised value of the Property, as determined by BUYER’S Lender’s appraiser or if a

213cash sale, BUYER’S appraiser, is not equal to or greater than the Purchase Price, BUYER may

214notify SELLER in writing, attaching a copy of the appraisal, and the following will occur:

215
216	a. SELLER or BUYER may seek a reconsideration of value by the appraiser, to be completed within
217	_____ calendar days (7 days if left blank) of delivery of the BUYER’S notice. If such
218	reconsideration finds a value equal to or greater than the Purchase Price, the transaction will move
219	forward to Closing.
220
221	b. If such reconsideration finds a value less than the Purchase Price, BUYER and SELLER will have
222	_____ calendar days (5 days if left blank) to agree upon an acceptable Purchase Price in writing. If
223	BUYER and SELLER fail to agree to an acceptable Purchase Price within the time period stated

224above, either party may cancel the Contract by written notice to the other, and BUYER’S Earnest

225	Money will be subject to the provisions of the Earnest Money and Additional Deposits paragraph of
226	the Contract.
227

2286. SALE CONTINGENCY. In the event the sale is contingent upon the sale and/or Closing of BUYER’S

229Property, the Contingency For Sale and/or Closing Of Buyer’s Property Addendum must be

230attached.

231

2327. FINANCIAL TERMS.

234THIS IS A CASH SALE. BUYER must provide written verification from a depository of funds on

235deposit within ____ calendar days (5 days if left blank) which are sufficient to complete the Closing on

236this Contract.

237

238 THIS IS A FINANCED SALE. This Contract is contingent upon BUYER obtaining the financing

239described in this paragraph.

240

241BUYER may obtain Loan(s) different from those described herein provided that the terms of the Loan(s)

242do not result in additional costs to SELLER, delay the Closing date, or change the Loan approval time

243frame. These changes must be agreed in writing, by both parties, within 3 days of BUYER’S knowledge

244and no later than ____ business days before Closing Date (15 days if left blank).

245

246BUYER and SELLER are hereby informed any changes to the terms below after the Effective Date of

247the Contract have the potential to delay Closing and/or change costs due to federal regulations.

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248	a. Type Of Financing. Loan(s) will be	owner-occupied Loan(s) or	investment Loan(s).
249

250b. Loan Types/Terms. BUYER will obtain a Loan(s) upon the following terms.

252	Type:	Primary Loan	Secondary Loan
253	Conventional
254	FHA
255	DVA
256	Other_________________
257	Not Applicable
258

259Interest Rate:

260	Fixed Rate
261	Adjustable Rate
262	Interest Only
263	Other___________________
264
265	Amortization Period	_________years	_________years
266	Principal Amount or LTV	____________	____________
267
268	All Loan amounts will include financed mortgage insurance premiums or DVA funding fee, if any,

269according to the provisions described herein (the “Loan”). The Loan(s) will be secured by a

270	mortgage/deed of trust on the Property or as otherwise required by Lender(s), and repayable in
271	monthly installments.
272

273c. The Loan(s) will bear interest as follows:

275	1.	Primary Loan	_____ interest rate not exceeding ______% per annum or
276			_____ the prevailing rate at closing
277
278	2.	Secondary Loan	_____ interest rate not exceeding ______% per annum or
279			_____ the prevailing rate at closing
280

281BUYER has the option to “lock in” the foregoing interest rate or to “float” the interest rate.

282

283If BUYER locks in a rate, BUYER agrees to accept the “locked” rate and terms even if different than

284	those stated above. If BUYER floats the rate, BUYER agrees to accept the rate and terms available

285from BUYER’S Lender(s) for which BUYER qualifies at Closing.

287d. Loan Application(s).

289	BUYER IS PRE-APPROVED (See attached Lender(s) letter(s).) BUYER has submitted
290	information to _______________________ / ____________________ (“Lender(s)”) who has

291checked BUYER’S credit and indicated BUYER can qualify for a Loan(s) in an amount equal to or

292greater than the Loan(s) contemplated in this Contract, subject to satisfactory appraisal of the

293	Property and any other conditions set forth in the attached Lender(s) letter(s). The pre-approval
294	must indicate the BUYER’S credit is acceptable to Lender(s) and indicate whether or not the pre-
295	approval is subject to the sale and Closing of the BUYER’S current property.
296
297	BUYER IS NOT PRE-APPROVED. Within ___________ calendar days (5 days if left blank)
298	after the Effective Date of this Contract, BUYER will complete a written application.

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299	BUYER agrees to authorize Lender(s) to perform all required services (credit report, appraisal, etc.),
300	pay the fees required by Lender(s), and provide Lender(s) with all information requested within
301	_______ calendar days (15 days if left blank) after Effective Date.
302

303SELLER is aware that pre-approval is not a guarantee that BUYER will receive Lender(s)

304Loan approval(s).

306e. Loan Approval(s). BUYER agrees to make a good faith effort to obtain a commitment for the

307	Loan(s) within __________ calendar days (30 days if left blank) from the Effective Date of this

308Contract (the “Loan Approval Period”) or within ________ calendar days (3 days if left blank) prior to

309	the Closing Date, whichever is earlier.
310
311	If BUYER is unable to obtain a commitment for the Loan(s) within the Loan Approval Period,
312	SELLER may cancel this Contract by written notice.
313	Upon written evidence of rejection provided by BUYER’S Lender(s), BUYER or SELLER may
314
315	cancel this contract by written notice.
316

317In either case, BUYER’S Earnest Money will be subject to the provisions of the Earnest Money and

318	Additional Deposits paragraph of the Contract.
319
320	f. Lender Appraisal Requirements. In addition to any other costs or sums to be paid by SELLER
321	pursuant to this Contract, SELLER agrees to pay an amount not to exceed $____________ (zero if
322	left blank) for requirements contained in the Lender’s appraisal. Appraisal and/or Lender(s)
323	requirements will include inspections and/or repairs, but not any for which BUYER has agreed to be
324	responsible elsewhere in this Contract.
325
326	If appraisal and/or Lender(s) requirements exceed the amount in this blank and if SELLER and
327	BUYER have not agreed in writing to a resolution of the excess appraisal and/or Lender(s)
328	requirements prior to the Closing Date, or within the time period (no less than 5 business days)
329	specified in a written demand by either party, this Contract will be cancelled and disposition of

330BUYER’S Earnest Money will be subject to the provisions of the Earnest Money and Additional

331	Deposits paragraph of the Contract.
332

3338. CLOSING AND POSSESSION. On or before _______________ (“Closing Date”), SELLER will

334execute and deliver into escrow with the title company(s) or other Closing Agent(s), a general warranty

335deed (or special warranty deed or fiduciary deed, if SELLER is a corporation, association, financial

336institution or fiduciary) and all other documents and funds necessary to satisfy SELLER’S obligations

337under this Contract.

338

339On or before the Closing Date, BUYER will execute and deliver into escrow with the title company(s) or

340other Closing Agent(s), all documents (including note(s), mortgage(s)/deed(s) of trust, and any other

341documents required by BUYER’S Lender(s), if BUYER is obtaining financing) and funds (including Loan

342proceeds, if BUYER is obtaining financing) necessary to satisfy BUYER’S obligations under this

343Contract.

344

345SELLER and BUYER acknowledge all funds required for Closing must be in the form of

346cashier’s check, wire transfer or other certified funds.

347

348When all documents and funds have been executed and delivered into escrow with the title company(s)

349or other Closing Agent(s), the Closing will be completed. SELLER will deliver possession of the

350Property to BUYER on ___________________________ at _____ o’clock ____. m., (if left blank,

351Possession will be 5:00 P.M. on the Closing Date).

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352BUYER must not occupy the Property or place personal property in or on it prior to completion

353of the Closing and disbursement or availability of SELLER’S proceeds, if any, unless otherwise

354agreed upon in writing by the BUYER and the SELLER.

355

356CONDITION, MAINTENANCE AND INSPECTIONS OF THE PROPERTY

3589. UTILITIES. SELLER agrees to leave all utilities on until the date of possession unless otherwise agreed.

359

360The BUYER will pay SELLER for the amount of fuel left in tank(s) at Closing based upon SELLER’S

361actual cost at time of purchase, if applicable. SELLER will have tank read no earlier than 7 days and no

362later than 3 days prior to the Closing Date and provide documentation to BUYER.

363

36410. MAINTENANCE OF PROPERTY. SELLER will maintain the Property in its present condition

365through the Possession Date. SELLER agrees to perform ordinary and necessary maintenance,

366upkeep and repair to the Property and to keep the improvements on the Property fully insured, unless

367otherwise disclosed, until delivery of SELLER’S deed to BUYER.

368

369SELLER must advise BUYER in writing of any substantial change in the condition of the Property prior

370to Closing.

371

372Unless otherwise agreed in writing, SELLER must remove all possessions, trash and debris, and clean

373the Property, upon vacating or prior to delivery of Possession.

374

37511. CASUALTY LOSS. If before delivery of the deed to BUYER, improvements on the Property are

376damaged or destroyed by fire or other causes including those that could be covered by what is known

377as fire and extended coverage insurance, then the SELLER must notify the BUYER in writing within 24

378hours of such damage. The parties agree that the risk of that damage or destruction will be borne as

379follows:

380
381	a. If the damage is minor, SELLER may repair or replace the damage done to the Property if the work
382	can be completed before the Closing Date.
383
384	If the SELLER elects to repair or replace the damage done to the Property, but repair/replacement
385	cannot be completed prior to the Closing, with written agreement between the parties one of the
386	following options will be chosen:
387
388	1. SELLER will pay for repair/replacement after Closing; or
389
390	2. The parties will extend the Closing Date to such time as repairs/replacement can be completed;
391	or
392	3. With consent of BUYER’S Lender(s), 1.5 times the estimated cost of repair/replacement will be
393
394	escrowed until repair/replacement is complete with any funds remaining after payment for
395	repairs/replacement being remitted to the party that funded the escrow.
396
397	b. If SELLER elects not to repair or replace the damage done to the Property, or if the damage is not
398	minor, the BUYER may enforce or cancel this Contract by written notice to SELLER within 10 days
399	after receiving notice of such damage to the Property.
400
401	1. If BUYER elects to enforce this Contract, the Purchase Price will not be reduced and the
402	Property will be conveyed in its existing condition at the time, provided SELLER must furnish
403	BUYER with a copy of the insurance damage assessment and be responsible for paying the
404	insurance deductible and assign SELLER’S fire and extended coverage proceeds to BUYER at
405	Closing.

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406	2. If BUYER and SELLER mutually agree upon the cost of repairs, then SELLER may pay the
407	cost of those repairs.
408

40912. SURVEY. BUYER may, at BUYER’S expense, obtain a "Staked Survey” of the Property no later than

410_____ calendar days (10 days if left blank) prior to the Closing Date to assure there are no defects,

411encroachments, overlaps, boundary line or acreage disputes, or other such matters that would be

412disclosed by a survey.

413

414BUYER acknowledges a Mortgage Inspection Report or "Loan Survey" normally required by a lending

415institution is not a "Staked Survey”. A title insurance company typically requires a "Staked Survey” in

416order to provide survey coverage to the BUYER.

417

418Within 2 calendar days of BUYER’S receipt of Survey, BUYER must notify SELLER of any

419encroachments of any improvements upon, from, or onto the Property or any building setback line,

420property line, or easement, which encroachment will be deemed to be a title defect. SELLER must

421remedy such defects as are susceptible of being remedied prior to the Closing Date. If SELLER does

422not remedy the defects in title, BUYER will have one of the following options:

423
424	a. Completing this purchase and accepting the title that SELLER is able to convey without adjustment
425	in the Purchase Price; or
426	b. Cancelling this Contract. BUYER’S Earnest Money will be subject to the provisions of the Earnest
427
428	Money and Additional Deposits paragraph of the Contract.
429

43013. INSPECTIONS. BUYER may, within _____ calendar days (10 days if left blank) (the "Inspection

431Period") after the Effective Date of this Contract, at BUYER’S expense, have property inspections by an

432independent, qualified inspector(s) which may include, but are not limited to:

433

434appliances, plumbing (including septic system), electrical, heating system, central air conditioning,

435fireplace, chimney, foundation, roof, siding, windows, doors, ceilings, floors, insulation, drainage, interior

436and exterior components, any wall, decks, driveways, patios, sidewalks, fences, slabs, pest infestation,

437health and/or environmental concerns (including lead based paint, mold, asbestos and radon) as

438provided below and in the Additional Disclosures Including Those Mandated by State or Federal Law

439paragraph.

440

441a. Property Insurability. It is recommended homeowner’s insurance availability be ascertained

442	during the Inspection Period.
443
444	b. Factors Affecting Inspections. BUYER acknowledges such inspections may not identify
445	deficiencies in inaccessible areas of the Property and may be limited by weather conditions at the
446	time of the inspection. It is recommended BUYER check with Lender(s) and/or local government
447	authority regarding septic inspection.
448

449c. Access to Property and Re-Inspections. SELLER must provide BUYER reasonable access to the

450Property to conduct the inspections, re-inspections, inspection of any corrective measures

451	completed by SELLER and/or final walk through prior to the Closing Date.
452
453	d. Damages and Repairs. BUYER will be responsible and pay for any damage to the
454	Property resulting from the inspection(s).
455
456	e. Quality of Repairs. SELLER agrees any corrective measures which SELLER performs
457	pursuant to the following provisions will be completed in a workmanlike manner with good- quality
458	materials.

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459f. Wood-Destroying Insects. SELLER AGREES TO PAY TO HAVE THE PROPERTY TREATED

460	for control of infestation by wood-destroying insects if a written inspection report of a certified pest
461	control firm reveals evidence of active infestation, or evidence of past untreated infestation, or
462	otherwise recommends treatment in the main dwelling unit, or included additional structures
463	identified below or on the Property within 30 feet of such unit or structure(s) (or as otherwise
464	required by government regulations if BUYER is obtaining an FHA/VA or other government program
465	Loan(s)). BUYER will pay for any inspections requested by BUYER and/or required by BUYER’S
466	Lender(s).
467

468The inspection report must be delivered WITHIN THE INSPECTION PERIOD, or any treatment

469will be at the BUYER’S expense.

471	1. If treatment is required, SELLER will provide BUYER with a certificate evidencing treatment by a
472	certified pest control firm of SELLER’S choice, which certificate BUYER agrees to accept.
473	Treatment will be completed no earlier than ninety (90) calendar days prior to the Closing Date.
474
475	2. Additional structures to be included in the inspection are: ______________________________
476	____________________________________________________________________________
477	____________________________________________________________________________
478
479	3. Any damage or repair issues related to wood-destroying insect infestations must be identified as
480	Unacceptable Conditions and addressed as set forth below.
481

482g. What If Buyer Does Not Conduct Inspections? If BUYER does not conduct inspections,

483	BUYER will have waived any right to cancel or renegotiate this Contract pursuant to the inspection
484	provisions.
485
486	h. What is an Unacceptable Condition? An Unacceptable Condition is any condition identified in a
487	written inspection report prepared by an independent qualified inspector(s) of BUYER’S choice,
488	which condition is unacceptable to BUYER and not otherwise excluded in this Contract.
489

490i. What If Buyer Does Not Give Timely Notice Of Unacceptable Conditions? If BUYER conducts

491	inspections but fails to notify SELLER of Unacceptable Conditions prior to the expiration of the
492	Inspection Period, BUYER will have waived any right to cancel or renegotiate this Contract pursuant
493	to these inspection provisions.
494
495	j. What Is Not An Unacceptable Condition? The following items will not be considered
496	Unacceptable Conditions and cannot be used by BUYER as a reason to cancel or renegotiate this

497Contract. Any items marked Excluded (EX) on Seller’s Disclosure and Condition of Property

498	Addendum in addition to the following items will not be considered.__________________________
499	_______________________________________________________________________________
500	_______________________________________________________________________________
501

502k. What If Buyer's Inspections Reveal Unacceptable Conditions? If BUYER’S inspections reveal

503	Unacceptable Conditions, BUYER may do any one of the following:
504
505	1.	ACCEPT THE PROPERTY "AS IS". BUYER may notify SELLER the inspections are
506		satisfactory or do nothing. In either case, BUYER will have waived any right to cancel or
507		renegotiate due to any Unacceptable Conditions; or
508
509	2.	CANCEL THIS CONTRACT by notifying SELLER in writing within the Inspection Period; or
510
511	3.	OFFER TO RENEGOTIATE with SELLER by notifying SELLER in writing within the Inspection
512		Period and identifying the Unacceptable Conditions.

Residential Real Estate Sale Contract 2013

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Form Information

Fact Name	Fact Description
Governing Law	The Kansas Estate Contract form is governed by the laws of the State of Kansas.
Property Description	The contract requires a detailed description of the property being sold, including the street address, city, zip code, and county.
Inclusions and Exclusions	Items listed in the "Additional Inclusions" or "Exclusions" sections take precedence over the Seller’s Disclosure regarding what is included in the sale.
Home Warranty	The contract allows for the option of purchasing a home warranty plan, which covers repair or replacement of working components for one year from the closing date.
Earnest Money	Earnest money must be deposited with the Listing Broker, Escrow Agent, or Seller, and the form specifies the method of payment.
Appraisal Contingency	The contract includes a provision for an appraisal contingency, allowing the buyer to cancel the contract if the appraised value is less than the purchase price.
Electronic Transactions	All parties agree that the transaction may be conducted electronically, in accordance with the Uniform Electronic Transaction Act adopted in Kansas.

Detailed Guide for Filling Out Kansas Estate Contract

Completing the Kansas Estate Contract form requires careful attention to detail, as this document lays the groundwork for a real estate transaction. Each section must be filled out accurately to ensure that both parties understand their rights and obligations. Here’s a straightforward guide to help you navigate through the form step by step.

Identify the Parties: Begin by printing the names of the seller(s) and buyer(s) at the top of the form. Indicate their marital status if applicable.
Bank-Owned Property: If the property is bank-owned, check the appropriate box and ensure that the seller’s name is amended as necessary.
Property Details: Fill in the street address, city, zip code, and county of the property being sold.
State Selection: Indicate whether the property is located in Missouri or Kansas by checking the corresponding box.
Legal Description: Provide the legal description of the property, which can typically be found in previous deeds or property documents.
Inclusions and Exclusions: List any additional items included in the sale or any exclusions that are not part of the transaction. Be sure to clarify any discrepancies with the Seller’s Disclosure.
Home Warranty: If applicable, indicate whether a home warranty will be purchased and provide details about the vendor and costs.
Additional Terms and Conditions: Write any additional terms or conditions that both parties have agreed upon in the designated section.
Attach Addenda: Check the boxes for any addenda that are applicable to the contract, such as the Seller’s Disclosure or Lead-Based Paint Disclosure.
Effective Date: Note the effective date of the contract, which is the date of final acceptance by the last party to sign.
Purchase Price: Clearly state the purchase price of the property and outline how the buyer intends to pay, including details about earnest money and financing.
Financial Terms: Fill in the specifics regarding any additional seller expenses, loan costs, and other financial obligations related to the transaction.
Signatures: Ensure that both the seller and buyer sign the contract, acknowledging their agreement to the terms outlined within.

With the form completed, the next steps involve reviewing the contract with all parties involved and preparing for any necessary negotiations or adjustments. It is advisable to consult with a real estate professional or attorney to ensure that everything is in order before proceeding to closing.

Obtain Answers on Kansas Estate Contract

What is the Kansas Estate Contract form?

The Kansas Estate Contract form, specifically the Residential Real Estate Sale Contract, is a legal document used in real estate transactions in Kansas. It outlines the terms and conditions under which a buyer agrees to purchase a property from a seller. This contract includes essential details such as the purchase price, property description, and any inclusions or exclusions related to the sale.
Who are the parties involved in the contract?

The contract is made between the seller and the buyer. Both parties must print their names and indicate their marital status. If this information is not completed, the seller's names will be inserted by the licensee assisting the seller before the contract is presented.
What happens if the property is bank-owned?

If the property is bank-owned and the titled owner is not known at the time the contract is signed, the buyer and seller agree that the seller's name will be amended to reflect what is stated in the deed at closing. The seller must also confirm they have the authority to sign the contract on behalf of the titled owner.
What is included in the sale of the property?

The contract specifies that the buyer agrees to purchase the property along with any improvements on it. The items included in the sale are determined by the Seller’s Disclosure and any additional inclusions or exclusions specified in the contract. If there are discrepancies between the Seller’s Disclosure and the pre-printed list, the Seller’s Disclosure will take precedence.
What is a Limited Home Warranty?

A Limited Home Warranty is an optional service contract that covers the repair or replacement of specific components of the property for one year from the closing date. The seller or buyer can agree to purchase this warranty, and the contract will specify the cost and the vendor providing the service. It is important to note that this warranty may not cover pre-existing conditions and is not a substitute for property inspections.
How is the purchase price structured?

The purchase price is detailed in the contract and includes several components. The buyer agrees to pay an earnest money deposit, which shows their commitment to the purchase. Additional earnest money may be required, and the total amount financed by the buyer is also outlined. The balance of the purchase price is due at closing, and any additional seller expenses are noted as well.
What contingencies are included in the contract?

The contract may include contingencies such as appraisal and sale contingencies. For example, if financing is being obtained, the appraisal must meet or exceed the purchase price. If the buyer's property must sell before closing, a specific addendum must be attached. These contingencies protect both parties and outline the conditions under which the sale can proceed or be canceled.
How are notices communicated between parties?

Any required notices or communications must be delivered in person, by fax, mail, courier, or email. The contract specifies that delivery to the licensee assisting either the buyer or seller constitutes receipt by the respective party. This ensures that both parties are kept informed throughout the transaction process.

Common mistakes

Filling out the Kansas Estate Contract form can be a daunting task. Many people make mistakes that could lead to complications down the road. Here are seven common pitfalls to avoid when completing this important document.

One frequent error is neglecting to include the full names and marital statuses of all parties involved. This section is crucial, as it identifies who is legally bound by the contract. If this information is left incomplete, it may lead to confusion or disputes later on. Always ensure that the names are printed clearly and accurately.

Another common mistake is failing to provide a complete legal description of the property. This description should be specific and detailed, including the street address, city, zip code, and county. Omitting this information can create ambiguity about which property is being sold, potentially leading to legal issues.

Many individuals overlook the importance of reviewing the Seller’s Disclosure. This document outlines any known defects or issues with the property. If discrepancies arise between the Seller’s Disclosure and the pre-printed list of inclusions and exclusions, the Seller’s Disclosure takes precedence. Not paying attention to these details can result in unexpected surprises for the buyer.

Additionally, some people forget to check the appropriate boxes regarding financing and earnest money. It’s essential to specify whether the purchase is a cash sale or financed and to indicate the amount of earnest money being deposited. Incomplete financial information can delay the closing process and create confusion about the terms of the sale.

Another mistake is not including any necessary addenda. If there are specific contingencies or conditions that need to be met, such as a home inspection or sale of another property, these should be clearly stated in the contract. Failing to attach relevant addenda can lead to misunderstandings and complications during the transaction.

People also often neglect to sign and date the contract correctly. Every party involved must provide their signature, and the date of signing is equally important. Missing signatures or incorrect dates can render the contract unenforceable, leaving both parties vulnerable to disputes.

Lastly, many individuals do not keep a copy of the completed contract for their records. After all parties have signed, it’s vital to retain a copy for future reference. This document serves as proof of the agreement and can be essential if any issues arise after the sale.

By being aware of these common mistakes and taking the time to carefully complete the Kansas Estate Contract form, both buyers and sellers can help ensure a smoother transaction and avoid potential pitfalls.

Documents used along the form

The Kansas Estate Contract form is a crucial document in real estate transactions, especially when dealing with residential properties. However, several other forms and documents often accompany this contract to ensure clarity and compliance with legal requirements. Below is a list of these essential documents.

Seller's Disclosure and Condition of Property Addendum: This document provides detailed information about the property's condition. Sellers must disclose any known issues or defects, which helps buyers make informed decisions.
Lead-Based Paint Disclosure Addendum: Required for homes built before 1978, this form informs buyers about the potential presence of lead-based paint and its hazards.
Contingency for Sale and/or Closing Addendum: This addendum outlines conditions that must be met for the sale to proceed, often related to the sale of the buyer's current home.
Dispute Resolution/Mediation Addendum: This document sets forth a process for resolving disputes that may arise during the transaction, promoting mediation before legal action.
Home Warranty Agreement: This optional agreement provides coverage for repairs or replacements of major home systems and appliances for a specified period after closing.
Financing Addendum: This form details the terms of any financing arrangements, including loan amounts, interest rates, and payment schedules, helping both parties understand financial obligations.
Appraisal Contingency Addendum: This document allows the buyer to negotiate or withdraw from the contract if the property appraises for less than the agreed purchase price.
Inspection Addendum: This form allows the buyer to conduct property inspections and outlines the process for addressing any issues found during the inspection.
Title Insurance Policy: This document protects the buyer against any claims or disputes regarding the property's title, ensuring that the buyer has clear ownership.
Closing Statement: This summary itemizes all the financial aspects of the transaction, including costs, fees, and the final amount due at closing.

These documents work together with the Kansas Estate Contract form to create a comprehensive framework for a smooth real estate transaction. Understanding each document's purpose can help both buyers and sellers navigate the process with confidence.

Similar forms

Residential Lease Agreement: Like the Kansas Estate Contract, a residential lease agreement outlines the terms under which a tenant can occupy a property. Both documents detail parties involved, property descriptions, and conditions of use, ensuring clarity on rights and responsibilities.
Purchase Agreement: This document is similar in that it formalizes the terms of a property sale, including price, contingencies, and obligations of both buyer and seller. Both agreements aim to protect the interests of the parties involved and outline the process leading to a transfer of ownership.
Seller's Disclosure Statement: This document is often included with the Kansas Estate Contract and serves to inform buyers of any known issues with the property. Both documents emphasize transparency, ensuring buyers are aware of any potential defects before completing the sale.
Real Estate Addendum: Addenda are used to modify or add to the terms of the main contract. Similar to the Kansas Estate Contract, they can address specific contingencies or conditions that may affect the sale, ensuring that all parties are on the same page regarding any additional agreements.
Title Insurance Policy: While not a contract for sale, a title insurance policy is crucial in real estate transactions. It protects buyers against potential disputes over property ownership. Like the Kansas Estate Contract, it aims to provide security and peace of mind during the property transfer process.

Dos and Don'ts

When filling out the Kansas Estate Contract form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure a smooth process.

Do print names clearly and indicate marital status for both the seller and buyer.
Do verify the legal description of the property to avoid any discrepancies.
Do check the box for bank-owned property if applicable to clarify ownership issues.
Do include any additional inclusions or exclusions to specify what is part of the sale.
Don't leave any sections blank that are required; incomplete forms can lead to delays.
Don't forget to review the Seller's Disclosure for accuracy before signing.

Misconceptions

Misconception 1: The Kansas Estate Contract form is only for traditional home sales.

This form can also be used for bank-owned properties. It includes specific provisions to address situations where the titled owner is not known at the time of the contract's effective date.

Misconception 2: All items in the property are automatically included in the sale.

Not all items are included by default. The contract specifies that items listed in the “Additional Inclusions” or “Exclusions” sections will supersede the Seller’s Disclosure. Buyers should review these sections carefully to understand what is or isn’t included.

Misconception 3: The contract does not allow for modifications once signed.

The Kansas Estate Contract can be modified. Any changes must be made in writing and signed by all parties involved. This ensures that all parties agree to the modifications.

Misconception 4: A home warranty is mandatory when using this contract.

A home warranty is optional and can be checked if applicable. If included, the seller and buyer must agree on the vendor and terms. It’s important to note that home warranties may not cover pre-existing conditions.

Misconception 5: The contract guarantees a smooth closing process.

While the contract outlines various terms and conditions, it does not guarantee that closing will proceed without issues. Delays can occur due to financing, appraisal issues, or other unforeseen circumstances.

Key takeaways

When filling out and using the Kansas Estate Contract form, there are several important points to keep in mind. Understanding these key takeaways can help ensure a smoother process for both buyers and sellers.

Complete Information: Ensure that all names and marital statuses are accurately printed at the beginning of the contract. If not completed, the seller's names will need to be added later by the licensee.
Bank-Owned Properties: If the property is bank-owned, be aware that the seller's name may change at closing to match the deed. This detail is crucial for clarity in ownership.
Property Description: Clearly specify the property’s address and legal description. This information is essential for identifying the property involved in the transaction.
Inclusions and Exclusions: Pay close attention to what is included or excluded from the sale. The Seller’s Disclosure governs these items unless additional inclusions or exclusions are specified in the contract.
Home Warranty: Consider whether to include a home warranty in the sale. If chosen, the seller or buyer must arrange for this warranty, and it should be noted in the contract.
Effective Date: The contract becomes effective once all parties have signed. Make sure to keep track of this date, as it will affect other timelines in the transaction.
Communication: Any notices or communications regarding the contract should be delivered to the addresses specified in the document. This ensures that all parties are informed and can respond promptly.

By keeping these key points in mind, both buyers and sellers can navigate the Kansas Estate Contract process more effectively. Clarity and attention to detail are paramount in ensuring a successful real estate transaction.