Copyright October 2013
Page 1 of 1
Back-Up Contract Addendum A product of the CINCINNATI AREA BOARD OF REALTORS®, INC. Approved by Board Legal Counsel, except for underlined items, for exclusive use by REALTORS®. This is a legally binding contract. If not understood, seek legal advice. For real estate advice, consult a REALTOR®.
The
undersigned
Buyer
and
Seller,
having
executed
a
purchase
contract
dated
___________________________________, __________, (the “Contract") covering the real property known as _______________________________________________________________________________________________, further agree as follows: The Contract is accepted only as a Back-Up Contract. As used herein, the term “Back-Up Contract” shall mean a binding contract between Buyer and Seller that is contingent upon Seller failing to sell the Property to a third party pursuant to a separate contract previously entered into by and between Seller and a third party (the “Initial Contract”). Buyer expressly acknowledges that Seller has previously executed the Initial Contract with a third party, and that Buyer’s right to purchase the Property and Seller’s obligation to sell the Property pursuant to the Contract vests only upon Seller failing to sell the Property to the original buyer pursuant to the terms and conditions of the Initial Contract, or any previously executed Back-Up Contracts. This is Back-Up Contract # ______ concerning the sale of the Property. Any change in Back-Up Contract position(s) shall be promptly communicated to all parties. Seller shall promptly notify Buyer, in writing, by signing the Initial Contract Termination Notice below, upon the termination of the Initial Contract, or any previously executed Back-Up Contract which became an Initial Contract. The Contract shall be deemed a primary contract upon Seller’s delivery of the Initial Contract Termination Notice. Commencement of time periods for performance of the Contract, including the deposit of Earnest Money, shall begin the day after the date Seller delivers the Initial Contract Termination Notice. Notwithstanding anything to the contrary contained herein, Buyer shall have the right to terminate the Contract, in writing, at any time prior to receiving the Initial Contract Termination Notice. This Back-Up Contract Addendum, upon execution by the parties, becomes an integral part of the Contract. Except as amended or modified by this addendum, the Contract, in all other respects, remains the same. __________________________________________ Date / Time
__________________________________________ Date / Time
__________________________________________ Buyer
__________________________________________ Seller
__________________________________________ Buyer
__________________________________________ Seller
This section to be used to notify Buyer that the Back-Up Contract has become the Primary Contract Initial Contract Termination Notice: Seller hereby notifies Buyer that the Initial Contract has been terminated. The Contract is now the primary contract and commencement of time periods for performance of the Contract, including the deposit of Earnest Money, shall commence as stated above. __________________________________________ Date / Time
__________________________________________ Date / Time
__________________________________________ Seller
__________________________________________ Seller