This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
Agreement made this ...... day of......, 19-----, between
......, of ......, hereinafter called the vendor, party of the first part, and......, of......, hereinafter called the purchaser, party of the second part.
1. The vendor agrees to sell and the purchaser agrees to buy, for the sum of...... dollars, being at the rate of...... dollars for each ...... of land comprised in the parcel of land
Hereinafter described, all that piece of land situate ......, containing ......, and set forth in the plan hereto annexed, with the appurtenances, in fee simple, in possession, free from all incumbrances, with the right of using and enjoying the streets adjoining the same, and the common passage-way shown in said plan, and all outlets thereof, in common with all other persons entitled to use and enjoy the same.
2. The purchase money shall be paid by the purchaser to the vendor on or before the day of......, 19-----, at the office, No.
......on......street, or elsewhere, as the vendor may direct, and instalments of such purchase money may be paid at any time, and the vendor shall convey to the purchaser, at any time, the lot of land upon which any house shall have been built, in the manner hereinafter provided, upon the payment of the above named stipulated price of said land, and all advances made by the vendor in respect of the house built upon the same. The purchaser shall pay to the vendor interest, at the rate of......per cent. per annum, on said purchase money, from the......day of
......, 19...., and interest at the same rate on all advances made by the vendor to the purchaser, as herein contemplated, until the said purchase shall be completed.
3. The purchaser shall be entitled to the immediate possession of the said piece of land, and shall bear and pay all taxes, rates and assessments in respect to the same, as if the said piece of land had been conveyed to him.
4. The purchaser shall not dig for or remove from said piece of land, or any part thereof, any gravel, sand, clay, or other substance, beyond the necessary excavations for the building to be erected thereon, without previous consent, in writing, of the vendor.
5. The purchaser shall, within one calendar month after the execution of these presents, commence, and without intermission, and with reasonable expedition, proceed with the erection of.....
houses on the said piece of land, and shall completely finish, fit for habitation, the said houses, on or before the ...... day of
......, 19.....
6. Such houses shall front upon......street aforesaid, and shall be erected in a proper workmanlike manner, in accordance with the plans and elevations to be first approved of, in writing, by the vendor's architect, and shall be built of good materials, and the said houses shall be set back......feet from said...... street.
7. If the purchaser shall, in all respects, observe and perform his part of the agreement, the vendor will advance to him, for the purpose of assisting him in the erection of the said houses, the sum of......dollars, in respect of each house, at the time and in the sums following, viz.:...... But it is hereby agreed that the vendor shall not be required to make any advance in respect of any house, unless such house, exclusive of the value of the land, shall be equal in value to double the amount of the sums, if any, then advanced thereon, and of the sum or sums so required to be advanced. Application for each advance shall be made not less than......days before the same is payable.
8. The purchaser shall, at his own expense, insure the buildings to be erected on said land, and any building materials for the time being thereon, for the benefit and security of the vendor, in a sum or sums equal in amount to any advances made by reason of this agreement.
9. The vendor shall have a lien or charge upon said land and all the buildings for the time being erected, or in the course of erection thereon, and upon all the building materials, and other things, which shall, for the time being, be brought upon the said land, or the streets and passageways adjoining the same, as well for the said purchase money and the said interest thereon, as also for such sums of money as the vendor may have advanced or paid as herein provided.
10. When, and as soon as, the purchaser shall have paid to the vendor the purchase money of said land, or any house-lot of the same, together with all sums of money advanced or paid by the vendor in respect to any building or buildings thereon, by reason of this agreement, the vendor shall execute and prepare a conveyance of said land or house-lot, and such deed shall contain covenants on the part of the purchaser, his heirs, executors, administrators and assigns, with the vendor, his heirs and assigns, that no building which shall be erected upon said piece of land shall be used for the purpose of carrying on any trade, business or manufacture, or for any purpose which may be or become a nuisance or annoyance to the neighborhood, and that an area of the depth of ...... feet from ...... street aforesaid shall, at all times hereafter, be left open and unbuilt upon, except that bay-windows may project over the same not more than......feet from the house to which they belong, and also that the purchaser, his heirs or assigns, will, from time to time, pay one-half of the expense of keeping in repair so much of the passage-way as is co-extensive with the said piece or lot of land.
11. The purchaser shall be entitled to have said pieces of land conveyed to him by several conveyances, not exceeding the number of house-lots into which said land may be divided, upon payment to the vendor on account of said purchase money, of the sum of......for each......of land to be comprised in such conveyance, with interest thereon as aforesaid, and the advances made by the vendor in respect of the buildings erected on the land to be comprised in such conveyance, with interest as aforesaid, and all sums paid for insurance, and the interest due in respect thereof, provided that the purchaser shall not, at any time, require a conveyance of part of the said land, under this clause, unless at the time of such conveyance, he shall have proceeded with the erection of at least......houses on the land remaining, and shall have complied in all respects with the provisions herein contained.
12. If default shall be made by the purchaser in the observance and performance on his part of this agreement, in any particular, and time shall be deemed to be of the essence of the contract, or if the purchaser shall become bankrupt, or make any composition with or any assignment for the benefit of his creditors, then, and in such case, it shall be lawful for the vendor to re-enter upon said land, or any part thereof not previously conveyed to the purchaser, and by notice, in writing to be delivered to the purchaser, or left for him at his usual and last-known place of abode, absolutely to determine this agreement, so far as relates to such portions of said land as may not previously have been conveyed to the purchaser.
13. If the present agreement shall be determined by the vendor under the preceding clause, so much of the land as shall not have been conveyed to the purchaser by reason of this agreement, together with the buildings thereon, and all building materials which, under the previous clauses of this agreement, are provided to be used and applied to the said land or the buildings thereon, shall immediately, after the delivery of the notice to determine this agreement, be and remain the absolute property of the vendor, free and discharged from all claims and demands of the purchaser in respect thereof, or otherwise, on account of this agreement, and the purchaser shall thenceforth be free and discharged from all obligations created by this agreement, and which then remain unperformed.
In witness whereof, etc.
 
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