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Purchasing land can be an exciting yet complex process. A Letter To Purchase Land serves as a crucial first step in formalizing the buyer's intent to acquire a specific property. This document outlines the essential terms and conditions that both the buyer and seller must agree upon before moving forward. Key components include the identification of the seller and buyer, a detailed description of the property, and the proposed purchase price. Additionally, the letter specifies the timeline for negotiations and the opening of escrow, ensuring that both parties are on the same page. The feasibility period allows the buyer to conduct due diligence, while deposits outline the financial commitments involved. This letter is not just a formality; it sets the groundwork for a more comprehensive Purchase Agreement, establishing expectations and obligations for both parties. Understanding these elements can help streamline the transaction and minimize misunderstandings down the road.

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SAMPLE

LETTER OF INTENT FOR PURCHASE OF REAL PROPERTY

Date

_____________________________

_____________________________

_____________________________

Re: Letter of Intent (Property Description) (City/County)

Our File No. *

Dear _________________:

Subject to the execution of a definitive and mutually acceptable agreement of purchase and sale ("Purchase Agreement") within ________ (___) days after execution of this Letter of

Intent (the "Contract Negotiation Period"), the undersigned offers to purchase the subject property in accordance with the following terms and conditions:

1.Seller(s): ___________________________________, with contact information

as follows: ____________________________________________________________.

2.Buyer: _____________________________________, with contact information

as follows: ____________________________________________________________. Buyer may assign his interest to any corporation, partnership or limited liability company in which he is the controlling party or to any other third party without Seller approval.

3.Subject Property: The property, which is the subject of this offer ("Subject Property"), is identified as _______________________________ (APN No. __________). Together with the real property, Buyer is also purchasing all of Seller's rights, title and interest in all of the fixtures, improvements, leases, maps, reports, plans, and other such material is having to do with the Subject Property including all land use entitlements, governmental permits and allocations, and other such governmental and agency approvals as may exist concerning the

{WP.FORMS / 00246619.DOC.3}

FORM01.086 – Letter of Intent

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property. In addition, this offer to purchase includes the following specific items: ___________

____________________________________________.

4.Purchase Price: ___________________ ($________).

5.Terms of Purchase: ________________________________________________

___________________________________________________.

6.Opening of Escrow: Escrow ("the Purchase Escrow") shall be opened at

______________ Title Company within three (3) business days from execution of this Letter of Intent. The Purchase Agreement and Mutual Escrow Instructions shall be mutually prepared and executed by Buyer and Seller within ________ (___) days of execution by both parties of this Letter of Intent to purchase (the "Contract Negotiation Period").

7.Deposit Toward Purchase Price:

A.Initial Deposit: Concurrently with the opening of escrow, Buyer shall place therein the sum of ___________________________ Dollars ($____________) as a refundable deposit toward and applicable to the Purchase Price ("the Initial Deposit"). Escrow Holder shall deposit such sum in an interest-bearing, federally insured account with interest accruing for the benefit of Buyer.

B.Second Deposit: An additional non-refundable deposit of

__________________________ Dollars ($____________) shall be applicable to the Purchase Price and upon approval of the feasibility shall be released to Seller, inclusive of the Initial Deposit.

8.Feasibility Period: Buyer shall have until ________________ to perform all feasibility and due diligence for subject property. Seller shall fully cooperate with Buyer in

_____________________

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providing any and all information available regarding the development potential of the property. Buyer may terminate this Letter of Intent and/or the Purchase Agreement at any time prior to the end of the Feasibility Period for any reason or no reason at all upon written notification to Seller and Escrow Holder of the termination. Upon notice of termination, Escrow Holder shall be instructed to immediately release the Initial Deposit made by Buyer and return to Buyer within five (5) business days of termination.

9.Buyer's Condition Precedent to Closing: Following the expiration of the Feasibility Period, Buyer's obligation to close escrow shall be subject only to the following conditions:

A.Title Company shall be in position to issue a policy of title insurance to Buyer in the full amount of the Purchase Price showing good and marketable title vested in Buyer subject only to such exceptions to title as have been approved by Buyer during the Feasibility Period.

B.The non-existence of any development, building, construction, flood or moratoria affecting the Subject Property.

C.Seller to provide Buyer title to property free and clear of liens except for non-delinquent bonds and taxes.

10.Close of Escrow: Close of escrow to be on _______________________.

_____________________

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11.Other Provisions:

A.The Purchase Agreement may contain other provisions such as, but not limited to, a liquidated damages clause, attorney's fees, notices, mutual indemnifications, broker's commission, and the like.

B.Any and all documentation provided by Seller to Buyer shall be returned to Seller upon cancellation of this transaction.

12.Expiration of Offer: This Letter of Intent shall constitute an open offer until

____________, at which time it shall be automatically terminated if not executed by Seller.

If the above outline of terms and conditions are acceptable, please indicate by signing below. All parties to these transactions intend that this proposal be superseded by a the Purchase Agreement. In the meantime, all parties agree to proceed in accordance with terms and conditions outlined in this Letter of Intent. Seller understands the purpose of this Letter of Intent is to allow further investigation by both parties into the feasibility of entering into a formal agreement. This Letter of Intent is only binding on the parties during the Contract Negotiation period. If the Purchase Agreement is not mutually executed within the Contract Negotiation Period for any reason whatsoever or no reason at all, this Letter of Intent shall expire and no party shall have any further rights or duties hereunder. Seller shall not solicit other offers during the Contract Negotiation Period.

BUYER:

________________________________

Dated: _________________

SELLER:

________________________________

Dated: _________________

_____________________

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Form Specifications

Fact Name Description
Date of Letter The form requires the date to be filled in at the top, indicating when the letter is executed.
Parties Involved The form identifies both the Seller and Buyer, including their contact information.
Subject Property The property being purchased must be clearly described, including its APN (Assessor's Parcel Number).
Purchase Price The Buyer must specify the total purchase price for the property.
Escrow Opening Escrow must be opened at a designated title company within three business days of signing the letter.
Feasibility Period The Buyer is granted a specific timeframe to conduct due diligence on the property.
Buyer's Condition Precedent The Buyer’s obligation to close escrow is contingent upon certain conditions being met, including title insurance.
Expiration of Offer The Letter of Intent remains open until a specified date, after which it automatically terminates if not executed.

Letter To Purchase Land: Usage Guidelines

Filling out the Letter To Purchase Land form requires attention to detail and clarity. Once completed, this form will set the stage for further negotiations and agreements regarding the property. Make sure to gather all necessary information before you begin.

  1. Date: Write the current date at the top of the form.
  2. Property Description: Specify the description of the property and its location, including city and county.
  3. Seller Information: Fill in the name of the seller along with their contact information.
  4. Buyer Information: Enter your name as the buyer and provide your contact details.
  5. Subject Property: Identify the property by its legal description and APN number. Include any specific items being purchased.
  6. Purchase Price: State the proposed purchase price in both words and numbers.
  7. Terms of Purchase: Outline any specific terms related to the purchase.
  8. Opening of Escrow: Indicate the title company where escrow will be opened and the time frame for doing so.
  9. Deposit Toward Purchase Price: Specify the initial and second deposits, including amounts and conditions for each.
  10. Feasibility Period: Note the deadline for completing feasibility and due diligence on the property.
  11. Buyer's Condition Precedent to Closing: List any conditions that must be met before closing, such as title insurance and lien clearance.
  12. Close of Escrow: Enter the anticipated closing date.
  13. Other Provisions: Mention any additional terms that may be included in the Purchase Agreement.
  14. Expiration of Offer: Indicate the date by which the offer will expire if not accepted.
  15. Signatures: Provide spaces for both the buyer and seller to sign and date the document.

Your Questions, Answered

What is a Letter to Purchase Land form?

The Letter to Purchase Land form is a document that outlines the intent of a buyer to purchase a specific piece of real property. It serves as a preliminary agreement between the buyer and seller, detailing the terms and conditions under which the buyer is willing to proceed with the purchase. This letter is not a final contract but sets the stage for further negotiations and the drafting of a formal Purchase Agreement.

What information is typically included in the Letter to Purchase Land?

This letter usually includes essential details such as the names and contact information of both the buyer and seller, a description of the property being purchased, the proposed purchase price, and the terms of the sale. It may also outline the timeline for negotiations, the process for opening escrow, and any deposits required from the buyer. Additionally, it may specify conditions that must be met before the sale can be finalized, such as feasibility studies or title insurance requirements.

Is the Letter to Purchase Land legally binding?

The Letter to Purchase Land is generally not legally binding in the same way a formal Purchase Agreement is. It is more of an expression of intent, allowing both parties to explore the possibility of a sale. However, during the specified Contract Negotiation Period, it can create obligations, such as the seller agreeing not to solicit other offers. If the Purchase Agreement is not executed within this period, the letter typically expires, and neither party has further obligations.

What is the purpose of the feasibility period mentioned in the letter?

The feasibility period allows the buyer time to conduct due diligence on the property. This may include inspections, zoning checks, and assessments of the property’s development potential. During this time, the buyer can gather all necessary information to make an informed decision about proceeding with the purchase. If the buyer is not satisfied with the findings, they can terminate the letter and request the return of any deposits made.

What happens if the seller does not accept the offer within the specified time frame?

If the seller does not accept the offer within the designated time frame outlined in the Letter to Purchase Land, the offer automatically expires. This means that the buyer has no further rights or obligations under that letter, and the seller is free to consider other offers. It is crucial for both parties to act within the specified time to ensure the possibility of moving forward with the transaction.

Common mistakes

  1. Incomplete Information: Failing to provide all necessary details, such as the full names and contact information for both the buyer and seller, can lead to confusion and delays.

  2. Missing Property Identification: Not including a clear description of the property, including the APN number, can result in misunderstandings about what is being purchased.

  3. Unclear Purchase Terms: Vague or ambiguous terms regarding the purchase price and payment structure may create disputes later on. Specificity is crucial.

  4. Ignoring Escrow Details: Overlooking the requirements for opening escrow or failing to specify the title company can complicate the transaction process.

  5. Neglecting Feasibility Period: Not clearly defining the feasibility period or the conditions under which the buyer can terminate the agreement can lead to complications if issues arise during due diligence.

  6. Failure to Sign: Forgetting to obtain signatures from both parties can render the letter non-binding, undermining the intent of the agreement.

Documents used along the form

When purchasing land, various forms and documents are often used alongside the Letter To Purchase Land. Each of these documents serves a specific purpose in the transaction process, ensuring clarity and protection for both parties involved. Below is a list of commonly used documents in conjunction with the Letter To Purchase Land.

  • Purchase Agreement: This is a formal contract that outlines the terms and conditions of the sale. It includes details such as the purchase price, payment terms, and any contingencies that must be met before the sale is finalized.
  • Escrow Instructions: These are guidelines provided to the escrow company that detail how to handle the funds and documents during the transaction. They ensure that both parties fulfill their obligations before the sale is completed.
  • Title Report: This document provides information about the property’s ownership history and any existing liens or encumbrances. It is essential for verifying that the seller has the right to sell the property and that the title is clear.
  • Property Disclosure Statement: Sellers are often required to provide this statement, which outlines any known issues or defects with the property. This helps buyers make informed decisions regarding their purchase.
  • Feasibility Study: Conducted by the buyer, this study assesses the property’s potential for development or use. It may include environmental assessments, zoning reviews, and financial analyses.
  • Loan Documents: If the buyer is financing the purchase, various loan documents will be necessary. These include the loan application, promissory note, and mortgage agreement, detailing the terms of the financing.
  • Closing Statement: This document summarizes the financial aspects of the transaction, including the purchase price, closing costs, and any adjustments. It is reviewed and signed at the closing of the sale.
  • Deed: The deed is the legal document that transfers ownership of the property from the seller to the buyer. It must be signed and recorded with the appropriate government office to be valid.
  • Inspection Reports: Buyers often request inspections to evaluate the condition of the property. These reports provide details on any repairs needed and can influence the buyer’s decision or negotiation process.

Each of these documents plays a crucial role in the land purchasing process. By understanding their functions, buyers and sellers can navigate the complexities of real estate transactions more effectively, ensuring a smoother experience for all parties involved.

Similar forms

  • Purchase Agreement: This document is a definitive contract that outlines the terms of the sale after the Letter of Intent. It includes detailed obligations of both parties, such as the purchase price and closing date.
  • Letter of Intent for Lease: Similar to the Letter to Purchase Land, this document expresses a preliminary agreement to lease a property. It outlines key terms and conditions before drafting a formal lease agreement.
  • Memorandum of Understanding (MOU): An MOU serves as a non-binding agreement that outlines the intentions of the parties involved. Like the Letter of Intent, it sets the stage for future negotiations.
  • Option to Purchase Agreement: This document grants a buyer the right to purchase a property at a later date, similar to how the Letter of Intent indicates intent to negotiate a purchase.
  • Real Estate Purchase Contract: This is a formal agreement that outlines the specifics of the sale, similar to the Purchase Agreement mentioned in the Letter of Intent.
  • Escrow Agreement: This document details the terms under which an escrow account will be managed, much like the escrow provisions outlined in the Letter of Intent.
  • Due Diligence Checklist: This is a list of items for the buyer to investigate before completing the purchase, paralleling the feasibility period mentioned in the Letter of Intent.
  • Title Commitment: This document provides assurance that the title to the property is clear, similar to the title conditions outlined in the Letter of Intent.
  • Disclosure Statement: This document informs the buyer of any known issues with the property, akin to the seller's obligation to provide information during the feasibility period.
  • Closing Statement: This document summarizes the financial aspects of the transaction at closing, similar to the closing provisions in the Letter of Intent.

Dos and Don'ts

When filling out the Letter To Purchase Land form, there are some important dos and don'ts to keep in mind. Follow these guidelines to ensure a smooth process.

  • Do clearly state your intentions in the letter.
  • Do provide accurate contact information for both buyer and seller.
  • Do specify the property description and any relevant details.
  • Do include the proposed purchase price and terms of purchase.
  • Don't leave any sections blank; fill out all required fields.
  • Don't use vague language; be as specific as possible.
  • Don't forget to set a clear expiration date for the offer.
  • Don't submit the letter without reviewing it for errors.

Misconceptions

  • Misconception 1: The Letter of Intent is a binding contract.
  • Many people mistakenly believe that the Letter of Intent (LOI) itself is a binding agreement. In reality, it serves as a preliminary document outlining the terms and conditions under which the parties intend to negotiate a formal Purchase Agreement. Unless specified otherwise, the LOI is not legally binding beyond the initial negotiation period.

  • Misconception 2: A Letter of Intent guarantees the sale of the property.
  • Another common misconception is that signing the LOI guarantees that the property will be sold. However, the LOI only expresses an interest in purchasing the property and sets the stage for further negotiations. The actual sale depends on the successful execution of a Purchase Agreement.

  • Misconception 3: The Letter of Intent does not require any deposits.
  • Some individuals believe that no financial commitment is needed when signing an LOI. In fact, the LOI often includes provisions for initial and second deposits that demonstrate the buyer's seriousness and intent to proceed with the transaction.

  • Misconception 4: The feasibility period is irrelevant.
  • Many overlook the importance of the feasibility period outlined in the LOI. This timeframe allows the buyer to conduct due diligence and evaluate the property. Failing to utilize this period effectively can lead to costly mistakes down the line.

  • Misconception 5: The seller can continue to solicit other offers during the negotiation period.
  • Some buyers assume that sellers are free to entertain other offers while negotiations are ongoing. However, the LOI typically includes a provision that restricts the seller from soliciting other offers during the Contract Negotiation Period, ensuring that the buyer has a fair opportunity to finalize the deal.

  • Misconception 6: The Letter of Intent is a mere formality.
  • While the LOI may seem like a simple formality, it plays a crucial role in establishing the framework for negotiations. It sets expectations and clarifies key terms, making it an essential step in the property acquisition process.

Key takeaways

When filling out and using the Letter To Purchase Land form, consider the following key takeaways:

  • Clear Identification: Ensure that both the buyer and seller are clearly identified, along with their contact information. This establishes a direct line of communication and helps avoid misunderstandings.
  • Feasibility Period: Take advantage of the feasibility period. This time frame allows the buyer to conduct due diligence on the property. If concerns arise, the buyer can terminate the agreement without penalty.
  • Deposits: Be aware of the deposit structure. An initial refundable deposit is made upon opening escrow, while a second non-refundable deposit is contingent on feasibility approval. Understanding these terms is crucial for financial planning.
  • Expiration of Offer: Note the expiration date of the offer. If the Letter of Intent is not executed by the seller within the specified timeframe, the offer automatically terminates. This emphasizes the importance of timely responses.