RESIDENTIAL COMPLETED HOME CONTRACT

Residential Completed Home Contract

PROMULGATED BY THE TEXAS ASSOCIATION OF BUILDERS (TAB)
RESIDENTIAL COMPLETED HOME CONTRACT
(For Use With Completed Homes Constructed On The Builder’s Property)

THIS DOCUMENT CREATES IMPORTANT LEGAL OBLIGATIONS THAT YOU SHOULD UNDERSTAND PRIOR TO
SIGNING. YOU SHOULD READ IT THOROUGHLY AND IF YOU ARE UNCERTAIN OR HAVE QUESTIONS ABOUT
YOUR RIGHTS, OBLIGATIONS OR RESPONSIBILITIES UNDER THIS CONTRACT, YOU MAY WISH TO CONSULT
AN ATTORNEY.

1. PARTIES: (Builder) agrees to sell and convey the Improvements (as defined below) and Property (as defined
below) to and (e.g. husband and wife or co-buyers) (collectively referred to as Buyer).

2. PROPERTY: Lot , Block , Addition, City of , County, Texas, known commonly as
   (Address and Zip Code), or as described on the attached exhibit, together with all improvements constructed on
the Property, including the Improvements described below (the foregoing collectively referred to as the Property).

3. IMPROVEMENTS: The Improvements consist of a 0 single family residence or 0 constructed by Builder on
the Property. If, between the date of this Contract and Closing (as defined below), Buyer requests that Builder install
additional options or upgrades on the Property, Buyer will submit a Change Order (as defined below) to Builder which
will provide for payment by Buyer to Builder of the cost of such options or upgrades. If, subsequent to Buyer’s elections
to add additional options or upgrades, Buyer becomes unable to qualify or requalify for a loan for the increased Sales
Price (as defined below), it is understood and agreed that Builder shall be entitled to terminate this Contract and retain
all funds previously deposited with Builder by Buyer as liquidated damages. Builder will have no obligation to install
such additional options or upgrades unless and until Builder has approved and executed the aforesaid Change Order
and received full payment from Buyer for such options or upgrades.

4. SALES PRICE: Buyer agrees to pay Builder for the Property and the Improvements described above, subject to
adjustment as allowed by this Contract, a total sales price (Total Sales Price) of $ , payable as follows:
A. EARNEST MONEY – Buyer shall deposit $ as Earnest Money with at (Address), as Escrow
Agent, upon execution of this Contract by both parties. Additional earnest money of $ must be deposited by
Buyer with Escrow Agent on or before . If Buyer fails to deposit the Earnest Money as required by this
Contract, Buyer will be in default.
B. FINANCING – (Check the applicable box.)
0 1) FINANCING – If Buyer desires to obtain financing for any portion of the Total Sales Price, refer to the
Financing Addendum attached hereto and incorporated herein by reference.
0 2) NO FINANCING - Any remaining unpaid balance of the Total Sales Price shall be paid by Buyer to Builder
in cash at Closing (as defined below).

5. ESCROW:
A. ESCROW AGENT – The Escrow Agent (as designated above) is (i) not a party to this Contract and does not have
liability for the performance or nonperformance of any party to this Contract, (ii) not liable for interest on the Earnest
Money and (iii) not liable for the loss of any Earnest Money caused by the failure of any financial institution in which
the Earnest Money has been deposited unless the financial institution is acting as Escrow Agent.
B. EXPENSES – At Closing (as defined below), the Earnest Money must be applied first to any cash down payment,
then to Buyer’s Expenses and any excess refunded to Buyer. If no Closing occurs, Escrow Agent may require
payment of unpaid expenses incurred on behalf of the parties and a written release of liability of Escrow Agent from
all parties.
C. DEMAND – Upon termination of this Contract, either party or the Escrow Agent may send a release of Earnest
Money to each party and the parties shall execute counterparts of the release and deliver same to the Escrow
Agent. If either party fails to execute the release, either party may make a written demand to the Escrow Agent for
the Earnest Money. If only one party makes written demand for the Earnest Money, the Escrow Agent shall
promptly provide a copy of the demand to the other party. If the Escrow Agent does not receive written objection to
the demand from the other party within fifteen (15) days, Escrow Agent may disburse the Earnest Money to the
party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the
Earnest Money and Escrow Agent may pay the same to the creditors. If Escrow Agent complies with the provisions
of this paragraph, each party hereby releases Escrow Agent from all adverse claims related to the disbursal of the
Earnest Money.
D. DAMAGES – Any party who wrongfully fails or refuses to sign a release acceptable to the Escrow Agent within
seven (7) days of receipt of the request will be liable to the other party for liquidated damages of three times the
amount of the Earnest Money.
E. NOTICES – Escrow Agent’s notices will be effective when sent in compliance with the notice requirements in this
Contract. Notice of objection to the demand will be deemed effective upon receipt by Escrow Agent.

6. TITLE POLICY AND SURVEY: (Check all that apply)
0 A. TITLE POLICY - Builder shall furnish to Buyer at 0 Builder’s 0 Buyer’s expense an owner policy of title
insurance (Title Policy) issued by (Title Company) in the amount of the Total Sales Price, dated at or
after Closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated
exclusions (including existing building and zoning ordinances) and the following exceptions:
   1) Restrictive covenants applicable to the platted subdivision in which the Property is located.
   2) The standard printed exception for standby fees, taxes and assessments.
   3) Liens created as part of the financing described in this Contract.
4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located.
5) Reservations or exceptions otherwise permitted by this Contract or as may be approved by Buyer in writing.
6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping improvements. Buyer, at Buyer’s expense, may have the
exception amended to read only, “shortages in area.”
   7) The standard printed exception as to marital rights.
   8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters.
0 B. COMMITMENT - Within twenty (20) days after the Title Company receives a copy of this Contract, Builder shall
furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer’s expense, legible copies of
restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed
exceptions. Builder authorizes the Title Company to mail or hand deliver the Commitment and related
documents to Buyer at Buyer’s address shown below. If the Commitment is not delivered to Buyer within the
specified time, the time for delivery will be automatically extended up to 15 days.
0 C. SURVEY - Buyer, at Buyer’s cost and option, may obtain a survey (Survey) of the Property. The Survey must
be made by a registered professional land surveyor acceptable to the Title Company and any applicable lender.
Utility easements created by the dedication deed and plat of the subdivision in which the Property is located will
not be a basis for objection. (Check one box only)
0 1) Buyer may obtain a Survey from a third-party surveyor;
0 2) Builder agrees to order a Survey of the Property at Buyer’s expense;
0 3) Builder agrees to provide a copy of the existing Survey of the Property;
0 4) Buyer waives the right to obtain a Survey of the Property;
0 D. RESOLVING TITLE OBJECTIONS - Any items constituting an encumbrance upon or adversely affecting title to
the Property as reflected by the Commitment or the Survey shall constitute an exception to title. Within ten (10)
days after receipt by Buyer of the Commitment and the Survey (if applicable) (Title Review Period), Buyer shall
notify Builder and the Title Company in writing (Buyer’s Objection Notice) of its objection to any such exceptions
to title or disapproval of the Survey (Title Objections). Builder shall have ten (10) days (Builder’s Cure Period)
after receipt of Buyer’s Objection Notice during which to cure such Title Objections. Builder shall exercise
reasonable efforts to remove or cure any Title Objections set forth in Buyer’s Objection Notice, provided,
Builder shall not be obligated to incur any cost or expense in connection therewith. Notwithstanding the
foregoing, Builder shall be obligated to discharge and cause to be released at Closing any lien securing a
monetary obligation incurred by Builder. In the event that Builder fails to cure the Title Objections to Buyer’s
reasonable satisfaction prior to the end of Builder’s Cure Period, Buyer may, at its option, terminate this
Contract by written notice to Builder within three (3) business days after the conclusion of Builder’s Cure Period
whereupon the Earnest Money will be refunded to Buyer and neither Builder nor Buyer shall have any further
rights or obligations hereunder. If Buyer fails to terminate this Contract within such period, then all of Buyer’s
Title Objections shall be deemed waived. Any exceptions to title disclosed in the Commitment and not objected
to by Buyer in Buyer’s Objection Notice shall be deemed accepted by Buyer. The phrase “Permitted
Exceptions” shall mean those exceptions to title set forth in the Commitment and which have been accepted or
waived by Buyer.

7. NOTICE TO BUYER:
A. ABSTRACT OR TITLE POLICY - Buyer is advised to have an abstract of title covering the Property examined by an
attorney of Buyer’s selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished,
the Commitment should be promptly reviewed by an attorney of Buyer’s choice due to the time limitations on
Buyer’s right to object.
B. MANDATORY OWNERS’ ASSOCIATION MEMBERSHIP – The Property 0 is 0 is not subject to mandatory
membership in an owners’ association. If the Property is subject to mandatory membership in an owners’
association, Builder notifies Buyer under Section 5.012, Texas Property Code, that, as a purchaser of property in
the residential community in which the Property is located, the Buyer is obligated to be a member of the owners’
association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument
governing the establishment, maintenance, and operation of this residential community have been or will be
recorded in the real property records of the county in which the Property is located. Copies of the restrictive
covenants and dedicatory instrument may be obtained from the county clerk. The Buyer is obligated to pay
assessments to the owners’ association. The amount of the assessments is subject to change. The Buyer’s failure
to pay the assessments could result in a lien on and the foreclosure of the Property.
C. STATUTORY TAX DISTRICT - If the Property is situated in a utility or other statutorily created district providing
water, sewer, drainage, or flood control facilities and services, Chapter 49 of the Texas Water Code requires Builder
to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the
district prior to final execution of this Contract.
D. PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER – Notice
required by Section 13.257, Water Code: The real property, described in Paragraph 2, that you are about to
purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water
or sewer service to the properties in the certificated area. If your property is located in a certificated area there may
be special costs or charges that you will be required to pay before you can receive water or sewer service. There
may be a period required to construct lines or other facilities necessary to provide water or sewer service to your
property. You are advised to determine if the property is in a certificated area and contact the utility service
provider to determine the cost that you will be required to pay and the period, if any, that is required to provide
water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing
notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2
or at closing of purchase of the real property.
E. TIDE WATERS - If the Property abuts the tidally influenced waters of the state, Section 33.135, Texas Natural
Resources Code, requires a notice regarding coastal area property to be included in the Contract.
F. GULF INTRACOASTAL WATERWAY – If the Property is located seaward of the Gulf Intracoastal Waterway to its
southernmost point and then seaward of the longitudinal line also known as 97 degrees, 12’, 19” which runs
southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and
the Brownsville Ship Channel, Section 61.025, Texas Natural Resources Code, requires a statement to be included
in the Contract for conveyance of the Property.
G. ENVIRONMENTAL MATTERS - Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other environmental hazards or the presence of a threatened or endangered species or its
habitat may affect Buyer’s intended use of the Property.
H. ANNEXATION - If the Property is located outside the limits of a municipality, Builder notifies Buyer under Section
5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a
municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map
that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality’s extraterritorial jurisdiction or is likely to be located within a municipality’s extraterritorial jurisdiction,
Buyer should contact all applicable municipalities.
I. PUBLIC IMPROVEMENT DISTRICTS – If the Property is in a public improvement district, Section 5.014, Texas
Property Code, requires Builder to notify Buyer as follows: As a purchaser of this parcel of real property you are
obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public
improvement district under Chapter 372, Local Government Code. The assessment may be due annually or in
periodic installments. More information concerning the amount of the assessment and the due dates of that
assessment may be obtained from the municipality or county levying the assessment. The amount of the
assessment is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure
of your property.
J. BACK-UP OFFERS - Unless expressly prohibited in writing by the parties, Builder may continue to show the
Property for sale and to receive, negotiate and accept back-up offers.

8. CLOSING: The closing of the sale (Closing) of the Property and Improvements shall take place at the Title Company or
any other location agreed to in writing by the parties on _______________________, 20____, or within seven (7) days
after objections by Buyer to matters disclosed in the Commitment or in the Survey have been resolved or waived,
whichever date is later (Closing Date). At Closing, Builder shall furnish tax statements or certificates showing no
delinquent taxes, and a special warranty deed conveying good and indefeasible title. The special warranty deed shall
be prepared and filed at the Builder’s expense. Buyer shall be responsible for all remaining Closing costs, points, loan
origination fees, escrow fee, and other amounts payable incident to the funding of Buyer’s purchase money loan (if any)
as permitted by applicable law. Any extension of the Closing Date due to lender required matters or caused by Buyer or
Buyer’s agents shall result in an increase of the Total Sales Price equal to the total amount of additional per diem
interest incurred by Builder on any loan secured by the Property plus per diem tax, insurance, maintenance and utility
expenses.

9. INSPECTION, RELEASE AND OCCUPANCY: Buyer acknowledges that Buyer has conducted a walk-through
inspection of the Property and Improvements and is thoroughly familiar with their condition and accepts the Property
“AS IS” and in its present condition. Prior to or at Closing Buyer will execute and deliver to Builder a “Final Customer
Walk-Thru Approval and Punch List” in the form attached hereto which confirms Buyer’s inspection and acceptance of
the Improvements and releases Builder from all claims and liabilities except warranty obligations arising under the
Builder’s Express Home Warranty (as defined below) and any agreed items of work to be completed after Closing
(Punch List Items). Except for Punch List Items expressly noted in the Final Customer Walk-Thru Approval and Punch
List, closing of this Contract shall be conclusively deemed to be an acknowledgment by the Buyer that the
Improvements have been completed and approved by Buyer. Upon Closing, Buyer will be given possession of the
Improvements and the Property; provided, however, that in no event shall Buyer be entitled, without the prior written
consent of the Builder, to occupy any portion of the Improvements until Builder has been paid the Total Sales Price and
all payments as set forth herein. At such time as Buyer first occupies the Improvements, Builder shall be released from
any further obligation or duty for the maintenance of insurance coverage with respect to the Property and/or the care,
repair, maintenance and condition of the Property and the Improvements, except as specified in the Builder's Express
Home Warranty. Builder’s failure to complete Punch List Items shall not be a basis for Buyer to withhold any payments
otherwise due Builder.

10. CHANGE ORDER PROCEDURE: Except as otherwise stated in this Contract, no alterations, additions or deletions will
be made to the Improvements or Property unless agreed to in writing by Buyer and Builder. To approve a proposed
change, both Buyer and Builder shall sign a written agreement (Change Order) in the form attached hereto. Upon
receiving from Buyer a written request for any such change that details the nature of the changes to be made, Builder
shall present Buyer with a proposal for the changes including any increase in the Total Sales Price and any extensions
to the Closing Date. If Buyer accepts, in writing, Builder's proposal for changes, the Change Order will become a
binding attachment to this Contract, and to the extent a conflict between a Change Order and this Contract exists, the
terms of the Change Order shall control. Any Buyer party (e.g. husband or wife) may sign the Change Order as agent
for the other, and the signature of one Buyer shall be binding on the other. Failure of Buyer to approve Builder's
proposal for changes within three (3) days after receipt shall constitute a rejection of the proposal. Builder shall be
reimbursed at $ per hour, with a minimum fifty dollars, for all expenses and effort incurred in the production of any
Change Order proposal not accepted by the Buyer.

11. WARRANTY:
A. Builder will provide warranty coverage on the Improvements to Buyer pursuant to the attached Express Home
Warranty – Addendum 13. BUILDER AGREES TO COMPLY WITH THE EXPRESS HOME WARRANTY AS ITS
EXPRESS CONTRACTUAL WARRANTY. UNLESS BUILDER HAS ALSO ELECTED TO PROVIDE A THIRD-
PARTY WARRANTY, BUILDER AND BUYER AGREE THAT THE EXPRESS HOME WARRANTY CONSTITUTES
THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY BUILDER AND IS IN PLACE OF ALL OTHER
GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF WORKMANSHIP, MERCHANTABILITY, SUITABILITY AND FITNESS, WHICH ARE ALL HEREBY
DISCLAIMED BY BUILDER AND WAIVED BY BUYER. THE PARTIES AGREE THAT THE EXPRESS HOME
WARRANTY ADEQUATELY SETS FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE
CONSTRUCTION OF THE HOME AND IMPROVEMENTS. The Parties agree that this Express Home Warranty
will control any warranty, workmanship, material, or any other defect claims regarding the Property. In the event
that the Express Home Warranty does not specify a building or performance standard for the identified item, the
usual and customary industry standards for similar improvements in the geographic region shall govern. In short,
the Express Home Warranty provides warranty coverage on the Improvements for one (1) year for workmanship
and materials, two (2) years for plumbing, electrical, heating, and air-conditioning delivery systems, and ten (10)
years for major structural components of the Improvements.
B. Builder 0 will 0 will not also provide a third-party warranty (Third-Party Warranty) provided through a third-
party warranty company, and if Builder has elected to do so, a specimen copy of same is attached hereto and made
a part hereof by reference. If a Third-Party Warranty is provided, Buyer shall first file and pursue any claim that
may be covered by the Third-Party Warranty with the third-party warranty company prior to making any warranty
claim against Builder under the Express Home Warranty.
C. Buyer acknowledges, understands, and agrees that the terms of the Express Home Warranty and Third-Party
Warranty, if applicable, are clear, specific, and sufficiently detailed to establish the only standards of construction
performance that Builder is obligated to meet. Any warranties on Manufactured Products will be assigned, without
recourse, to Buyer upon payment of the Total Sales Price. This assignment shall be evidenced by Builder’s
execution and delivery to Buyer of the document entitled “Assignment of Manufactured Product Warranties” that is
attached hereto as an addendum. Buyer understands and agrees that proper maintenance of the Improvements is
required to ensure (i) the Express Home Warranty remains in effect, as well as the Third-Party Warranty, if
applicable, and (ii) the proper performance of the Improvements.

12. DEFAULT BY BUILDER:
A. EVENTS OF DEFAULT (each is a Builder Event of Default) -
1) A breach by Builder of any material provision contained in this Contract.
2) Builder's filing of a voluntary petition in bankruptcy, making an assignment for the benefit of any creditor, being
adjudicated as bankrupt or insolvent, or applying for or consenting to the appointment of a receiver, trustee or
liquidator of all or a substantial part of Builder's assets.
3) Builder’s failure, without cause, to make payment to any material supplier, laborer or subcontractor for which
Builder has received payment from Buyer or Buyer’s lender.
B. NOTICE OF DEFAULT TO BUILDER - If Builder commits a Builder Event of Default, prior to exercising any remedy
granted by this Contract or by law, Buyer shall deliver written notice of such default to Builder. If the Builder Event
of Default is not cured within fifteen (15) days after delivery of the written notice (Builder’s Cure Period), Buyer may
exercise any remedy specified below, subject to the terms of this Contract.
C. REMEDIES OF BUYER - Upon the occurrence of any Builder Event of Default and the expiration of Builder’s Cure
Period, Buyer may (but shall not be obligated to) terminate this Contract and recover monetary damages as
specified below. The remedy of specific performance is hereby waived by Buyer and shall not be available in any
action concerning this Contract. In no event shall Buyer be entitled to file a lis pendens or otherwise cloud the title
to the Property. Notwithstanding any default by Builder, Builder shall be entitled to seek an injunction to remove
any such cloud. Any monetary damages available to Buyer shall be limited to (i) return of any sums paid to Builder
for upgrades, options, extras or Change Orders; (ii) return of the Earnest Money; and (iii) reasonable and necessary
attorney’s fees and costs incurred to invoke and prosecute mediation and/or arbitration as herein provided.
Notwithstanding the foregoing, if Builder refuses to close, Buyer not being in default, Buyer will be entitled to pursue
all remedies provided under Texas law, save and except specific performance.

13. BUYER'S RESPONSIBILITIES: Buyer agrees to the following:
A. PAYMENTS - Buyer shall make all payments to Builder as required by this Contract.
B. HOME INSPECTION SERVICES – Buyer may hire an independent home inspector (Inspector) at its sole expense
and Builder agrees to allow the Inspector access to the Improvements, provided that the Inspector:
1) carries worker’s compensation insurance and general liability insurance in an amount not less than
$500,000.00 and provides Builder with a certificate of insurance;
2) is licensed by all governmental authorities having jurisdiction over the Improvements;
3) performs all inspections at a time which is reasonably convenient to Builder, provided that Builder receives no
less than forty-eight (48) hours prior notice of any inspection;
4) provides the results of any inspection to Builder in writing detailing any alleged violation of any applicable
building code with citation of the relevant sections;
5) performs such inspection(s) in the presence of an authorized representative of Builder; and
6) performs all inspections visually without the disassembly or removal of construction within the Improvements or
Property.
C. DOCUMENT RELIANCE - Buyer is advised that the Builder may have contracted with one or more independent
professional architects, engineers, surveyors, designers, or other professional third parties (Builder’s Professionals)
to perform services and/or prepare certain documents or reports for construction of the Improvements. In
constructing the Improvements, Builder relied on documents provided by Builder’s Professionals as being complete,
adequate and correct as to certain issues including, but not limited to, the soils on the Property, the adequacy of the
building pad, the foundation design and the framing plan.
D. PAYMENT OF COSTS - Buyer shall pay all costs related to the installation of options or upgrades as agreed to in
fully executed Change Orders.
E. CONTRACTORS - Buyer agrees not to instruct, direct or otherwise communicate with the contractors retained by
Builder as to the scheduling of or details about the installation of additional options or upgrades. Furthermore,
Buyer shall not do or cause any work to be done, or alter or cause the alteration of any portion of the Improvements
prior to Buyer’s occupancy of the Improvements without Builder’s express written consent.
F. OTHER - Buyer shall perform all other obligations as provided in this Contract.

14. DEFAULT BY BUYER:
A. EVENTS OF DEFAULT BY BUYER – (each is a Buyer Event of Default):
1) Buyer or Buyer’s agents or representatives fail to make any payments due under this Contract, including
payment for any Change Orders.
2) Buyer or Buyer’s agents or representatives unreasonably delay or unreasonably interfere with the Builder in the
execution of installing additional options or upgrades.
3) Buyer fails to participate in the walk through inspection as provided in this Contract.
4) Buyer or Buyer’s agents or representatives fail to perform any material agreement contained in this Contract.
5) Buyer, or any person liable for the payment or performance under this Contract, files a petition in bankruptcy,
makes an assignment for the benefit of any creditor, is adjudicated as bankrupt or insolvent, or applies for or
consents to the appointment of a receiver, trustee or liquidator of all or a substantial part of their or its assets.
B. NOTICE OF DEFAULT TO BUYER – If Buyer commits a Buyer Event of Default, prior to exercising any remedy
granted by this Contract or by law, Builder shall deliver written notice of such default to Buyer. If the Buyer Event of
Default is not cured within fifteen (15) days after delivery of such written notice (Buyer’s Cure Period), Builder may
exercise any remedy subject to the terms of this Contract. Upon the occurrence of a Buyer Event of Default, all
amounts owed for any upgrades, options, extras or Change Orders will, at the option of the Builder, after expiration
of Buyer’s Cure Period, become immediately due and payable without prejudice to any other remedy of the Builder.
C. REMEDIES OF BUILDER - Upon the occurrence of any Buyer Event of Default and the expiration of Buyer’s Cure
Period, Builder may (but shall not be obligated to) discontinue performance of this Contract and (i) terminate this
Contract, receive the Earnest Money and retain all money previously paid by Buyer to Builder as liquidated
damages thereby releasing both parties from this Contract; or (ii) seek recovery of any and all damages suffered by
Builder. The remedy of specific performance is hereby waived by Builder and shall not be available in any action
concerning this Contract. Notwithstanding the foregoing, if Buyer refuses to close, Builder not being in default,
Builder will be entitled to pursue all remedies provided under Texas law, save and except specific performance.
D. DELINQUENT PAYMENT - Should the Buyer fail to make payment to the Builder of any portion of the Total Sales
Price when payment is due, then the Buyer shall pay to the Builder, in addition to the sum shown as due, interest at
the maximum rate allowed by applicable federal and state law, which interest shall accrue as of the date payment
was first due and shall continue to accrue until the date of payment.

15. BUYER(S)' AND BUILDER'S JOINT AGREEMENTS:
A. WORK PERFORMED AND MATERIALS PROVIDED DIRECTLY BY BUYER – Upon receipt of Builder’s written
approval, in the event Buyer contracts with other parties to perform work or provide or install materials, Buyer shall
keep such other parties from interfering with the progress of the installation of any additional options or upgrades to
be provided by Builder. To the extent reasonably practicable, Builder shall cooperate with such other parties, but
will not be responsible for coordinating that work or for the quality of their work. Buyer agrees that any ACTS OF,
OMISSIONS BY, OR LOSSES, DAMAGES OR DELAYS CAUSED BY BUYER, BUYER’S AGENTS OR ANY
THIRD PARTY RETAINED BY BUYER SHALL BE THE RESPONSIBILITY OF BUYER, NOT THE BUILDER.
FURTHERMORE, BUYER AGREES THAT BUILDER WILL NOT BE REQUIRED TO PAY FOR, WARRANT,
REPAIR, INSURE OR CORRECT ANY WORK PERFORMED OR MATERIALS PROVIDED BY PERSONS OR
ENTITIES EMPLOYED BY, OR WHO HAVE CONTRACTED WITH BUYER. Buyer shall fully and promptly pay all
sums charged by third parties hired or retained by Buyer and indemnify and hold Builder harmless from all such
charges and any related liens. Buyer agrees that legal and equitable ownership of such third party changes,
additions and materials shall remain in Builder until Closing has occurred.
B. INSULATION – As required by Federal Trade Commission regulations, the information relating to the insulation
installed or to be installed in the Improvements at the Property is as follows:
1) Exterior walls of improved living areas: insulated with insulation to a thickness of inches which
yields an R-Value of .
2) Walls in other areas of the home: insulated with insulation to a thickness of inches which yields
an R-Value of .
3) Ceilings on improved living areas: insulated with insulation to a thickness of inches which yields
an R-Value of .
4) Floors of improved living areas not applied to a slab foundation insulated with insulation to a thickness of
   inches which yields an R-Value of .
5) Other insulated areas: insulated with insulation to a thickness of inches which yields an R-Value
of .
All stated R-Values are based on information provided by the manufacturer of this insulation.
C. PRORATIONS AND ROLLBACKTAXES –
1) Prorations: Taxes for the current year, maintenance fees, assessments, dues and rents will be prorated
through the Closing Date. If taxes for the current year vary from the amount prorated at Closing, the parties
shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or
prior to Closing, Buyer will be obligated to pay all applicable taxes for the current year.
2) Rollback Taxes: If Builder’s change in use of the Property prior to Closing or denial of a special use valuation
on the Property results in additional taxes, penalties or interest (Assessments) for periods prior to Closing the
Assessments will be the obligation of Builder.
D. FEDERAL TAX REQUIREMENT – If Builder is a “foreign person,” as defined by applicable law, or if Builder fails to
deliver an affidavit that Builder is not a “foreign person,” then Buyer shall withhold from the sales proceeds an
amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together
with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is
received in the transaction.
E. OTHER PARTIES BOUND – Buyer and Builder each bind themselves and their respective heirs, executors,
administrators, partners, successors, assigns, and legal representatives of such party in all matters related to this
Contract.
F. NO ASSIGNMENT – Neither party has the right to assign this Contract without the written consent of the other,
which consent shall not be unreasonably withheld.
G. TIME OF THE ESSENCE – Time is of the essence in this Contract.
H. REAL ESTATE BROKERS’ FEES – All obligations of the parties, if any, for payment of brokers’ fees are reflected in
the Real Estate Broker’s Fee Addendum attached to this Contract.
I. RISK OF LOSS – Should the Improvements and/or Property be partially or wholly destroyed by fire, windstorm, or
other casualty prior to Closing, the Builder will have the option of repairing any damage or terminating this Contract
and returning all sums paid to the Builder by the Buyer. The Builder’s decision to rebuild the Improvements or
terminate this Contract shall be communicated to Buyer in writing within twenty (20) days of the loss. If Builder
elects to repair the Improvements, the damaged Improvements shall be repaired within a reasonable time and
Builder shall have no liability to Buyer for any expenses or damages resulting from any delay in Closing. Buyer
agrees that it shall have no claim to or interest in any insurance proceeds attributable to the loss.
J. RELEASE OF AND INDEMNIFICATION FOR LOSSES SUSTAINED DURING CONSTRUCTION – Because of
potential safety and health hazards present during installation of any additional options or upgrades, as well as the
practical limitations on the Builder’s ability to control the activities of all persons involved in the installation process
and thereby limit the risk of personal injury that may arise from construction activities, the parties agree as follows:
1) Personal Safety: To ensure and to protect the personal health and safety of Buyer and Buyer’s licensees and
invitees, Buyer shall restrict entry by the Buyer and Buyer’s licensees and invitees onto the Property or into the
Improvements to a minimum. When Buyer chooses to enter the Property (except at the request of Builder), and
irrespective of Builder’s presence on the Property at such time, BUYER AGREES TO AND DOES HEREBY
RELEASE, INDEMNIFY AND HOLD BUILDER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS OR CAUSES OF ACTION ARISING IN FAVOR OF BUYER OR BUYER’S AGENTS, LICENSEES
AND INVITEES ON ACCOUNT OF BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY IN
ANY WAY OCCURRING OR INCIDENT TO THE CONDITION OF THE PROPERTY AND/OR THE
IMPROVEMENTS. THIS RELEASE AND INDEMNITY IS GIVEN TO BUILDER REGARDLESS OF WHETHER
THE BUILDER OR ITS AGENTS OR EMPLOYEES ARE NEGLIGENT IN WHOLE OR IN PART AND EVEN
WHEN THE INJURY, DEATH OR DAMAGE TO BUYER OR BUYER’S AGENTS, LICENSEES AND INVITEES
IS CAUSED BY THE SOLE NEGLIGENCE OF BUILDER OR ATTRIBUTABLE TO BUILDER’S NEGLIGENCE
PER SE OR IMPOSED BY STRICT LIABILITY.
2) Risks to Vegetation: Buyer also acknowledges that the construction of the Improvements on the Property
imposes an inherent risk to the health of the trees and vegetation situated on the Property, and Buyer
understands that Builder cannot guarantee the viability of those trees and vegetation. Buyer acknowledges this
risk and agrees to release the Builder from any claims for damages to or loss of trees or vegetation resulting
from any construction activities.
K. LAND USE AND ENVIRONMENTAL DISCLAIMERS – The Builder has informed the Buyer and Buyer
acknowledges the following:
1) Adjacent Land Usage: The Builder is neither responsible for nor has control of the use of the land adjacent to
or in the vicinity of the Property and makes no representations or warranties with respect to the use or future
use of the land adjacent to or in the vicinity of the Property. The Builder also has no control over and is not
responsible for any easements on, adjacent to, or in the vicinity of the Property. Buyer understands that
individuals, corporations, and/or utilities may have specific rights granted by those easements, if any, including
but not limited to, access to and use of the land described by the easements, even though the use of any
easement may not be evident at the present time.
2) Environmental Risk: The Builder makes no warranties, express or implied, about the existing or future health
hazards or environmental conditions on the Property, in the Improvements, or from adjacent sources, including,
but not limited to, exposure to radon gas, electric and magnetic fields, shifting or instability of the soil and
contamination of the Improvements or the surrounding air, water or soil from any sources or in any manner.
Buyer is advised that the continued presence of moisture on components of the Improvements can cause the
propagation of mold, which may cause allergenic reactions and other health problems in some individuals.
Upon assuming possession of the Improvements, Buyer is responsible for implementing an inspection and
maintenance program for the identification and elimination of moisture in the Improvements that could give rise
to the growth of mold or other conditions detrimental to functioning of the Improvements or the health of its
occupants. Any leak or the presence of moisture that is covered by the Builder’s Express Home Warranty will
be corrected pursuant to that Express Home Warranty, but the Buyer’s failure to implement an effective
maintenance program or the failure to promptly notify the Builder of warranty claims will negate the Builder’s
responsibility (if any) for any property damage, personal injury, or other loss, damage or liability resulting
directly or indirectly from the presence of mold or other harmful organisms.
L. PROPRIETARY DOCUMENTATION – All documentation, including but not limited to marketing materials,
sketches, floor plans, and photographs, which may have been provided to Buyer concerning this Contract are
proprietary to Builder and shall not be reproduced or disseminated in any way, shape or form by Buyer.
Furthermore, Buyer acknowledges and agrees that Buyer shall have no right to copies of any architectural plans or
other materials, whether copyrighted or not, of Builder. Buyer agrees that Builder may utilize pictures, videos or
other documentation of the Property and Improvements. Buyer shall have no right to control the use of such
documentation, nor shall Buyer be entitled to any compensation for the use of such documentation.
M. GRADING AND DRAINAGE – Buyer understands that the Property has been or will be graded by Builder to drain in
accordance with an approved grading and drainage plan. Any future construction on the Property by Buyer
(including pools, spas, fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessive settlement
and other problems. Builder is responsible for drainage of the Property as it is delivered at Closing in accordance
with the grading and drainage plans. Any subsequent changes in grade or soil conditions and any damages or loss
resulting therefrom shall be Buyer’s sole responsibility and Buyer hereby releases Builder, its agents and
employees, from any and all liability and/or damages which may arise as a result of such changes.
N. PRE-CLOSING TERMINATION/STIPULATED DAMAGES – In the event any bona fide dispute or material
misunderstanding (Dispute)arises between Builder and Buyer prior to Closing and if such Dispute cannot be
resolved to the mutual satisfaction of Builder and Buyer, Builder at its election, may either submit the Dispute to
mediation and binding arbitration as provided in this Contract or may terminate this Contract by written notice to
Buyer. In the event of termination of this Contract by the Builder pursuant to this paragraph, Builder shall pay to
Buyer the sum of $1,000.00, an amount which the parties agree to be a reasonable and foreseeable estimate of the
damages that might be experienced by the Buyer incident to the cancellation of this Contract (it being difficult if not
impossible to ascertain those damages). Upon such termination of this Contract by Builder and tender of the
stipulated liquidated damages, no cause of action against Builder shall accrue to the Buyer and Buyer and Builder
shall execute a written release of this Contract and the Earnest Money and deliver it to the Builder or the Title
Company whereupon the Earnest Money shall be returned to Buyer. Additionally, the Builder shall have no further
obligation to complete and sell the Improvements and Property to Buyer and Buyer shall not be obligated to acquire
the Improvements and Property. Builder is not required to apply the provisions of this paragraph to any breach of
this Contract by Buyer.
O. ALTERNATIVE DISPUTE RESOLUTION - It is the policy of the State of Texas to encourage the peaceable
resolution of disputes through alternative dispute resolution procedures.
1) Re-Purchase Option: Pursuant to § 27.0042 of the Texas Property Code, should the Buyer discover, during the
first five (5) years after Closing, one or more defects in the construction of the Improvements that exceed in the
aggregate twenty percent (20%) of the fair market value of the Improvements, upon receipt of written notice and
an opportunity to inspect the defects, the Builder may elect to repurchase the Improvements and Property. If
the Builder elects this option, the Buyer shall be reimbursed the Total Sales Price and all closing costs incurred
by the Buyer, plus reimbursement of the cost of any permanent improvements made by the Buyer to the
Improvements and the Property, reasonable moving expenses to vacate the Improvements, and reasonable
and necessary attorney’s fees and inspection costs incurred by the Buyer to discover, identify and present the
construction defects to the Builder. In return, the Buyer will deliver a Special Warranty Deed conveying the
Improvements and Property to the Builder, free and clear of all liens and claims and deliver possession of the
Improvements and Property free of any casualty or damage caused by the Buyer, normal wear and tear
excepted.
2) Mediation-Binding Arbitration: The parties agree that any dispute (whether arising in contract,
warranty, tort, statutory or otherwise), including, but not limited to, (a) any and all controversies,
disputes or claims arising under, or relating to, this Contract, and any amendments thereto, the
Property, Improvements, or any dealings between the Buyer and Builder; (b) any controversy, dispute
or claim arising by virtue of any representations, omissions, promises or warranties alleged to have
been made by Builder or Builder's representative; and (c) any personal injury or property damage
alleged to have been sustained by Buyer on the Property or in the subdivision in which the Property is
located, shall first be submitted to mediation and, if not settled during mediation, shall thereafter be
submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) or, if
applicable, by similar state statute, and not by or in a court of law. All decisions respecting the
arbitrability of any dispute shall be decided by the arbitrator. In no event shall Buyer be initially
required to pay arbitration costs and fees in excess of those that would have been incurred in filing suit
in a court of law and effecting service of process. The arbitrator may award to the prevailing party, if
any, as determined by the arbitrator, all or any portion of its costs and fees. “Costs and fees” may
include reasonable expenses of mediation and/or arbitration, including arbitrator’s fees, administrative
fees, travel expenses and out-of-pocket expenses such as copying and telephone, court costs, witness
fees, and reasonable attorney’s fees. The mediation and, if necessary, the arbitration shall be
conducted pursuant to the procedures set forth in any applicable Third-Party Warranty documents. If
there is any conflict between this Contract and such procedures, the provisions of this Contract shall
control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty
documents cannot conduct the mediation or arbitration for any reason, or if no mediator and/or
arbitrator is designated, the parties agree to work together in good faith to select a mediator and, if all
disputes are not resolved by mediation, an arbitrator in the county where the Property is located (to the
extent practicable). If the parties are unable to agree on the appointment of a mediator and/or arbitrator,
then the mediation or arbitration, or both, shall be conducted by the American Arbitration Association
(“AAA”) in accordance with its applicable rules and procedures provided, however, if there is any
conflict between this Contract and such rules or procedures, the provisions of this Contract shall
control. If for any the AAA is unable or unwilling to conduct the mediation or the binding arbitration, or
both, either party may petition a court of general jurisdiction in the subject county to appoint a
mediator or arbitrator, or both. It is stipulated and agreed that the filing of a petition requesting
appointment of a mediator or arbitrator shall not constitute a waiver of the right to enforce binding
arbitration.
   In any arbitration proceeding between the parties:
a) All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply;
b) All applicable claims, causes of action, remedies and defenses that would be available in court
shall apply;
c) The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure
the neutrality of the arbitrator;
d) The parties shall be entitled to conduct reasonable and necessary discovery;
e) The arbitrator shall render a written award and, if requested by any party, a reasoned award;
f) The Buyer shall not be required to pay any unreasonable costs, expenses or arbitrator's fees and
the arbitrator shall have the right to apportion the cost of any such items in an equitable manner in
the arbitration award;
g) Any award rendered in the proceeding shall be final and binding and judgment upon any such
award may be entered in any court having jurisdiction; and
h) If the proceeding pertains to a construction defect, as that term is defined in Chapter 27 of the
Texas Property Code (§27.001(4)), then the arbitration shall be conducted in the same county as the
Property.
Buyer and Builder agree that notwithstanding anything to the contrary, the rights and obligations set
forth in this mediation-arbitration agreement shall survive (1) the termination of this Contract by either
party; (2) the default of this Contract by either party; or (3) any closing and delivery of deed. The waiver
or invalidity of any portion of this mediation-arbitration agreement shall not affect the validity or
enforceability of the remaining portions of this mediation-arbitration agreement and/or the Contract.
Buyer and Builder further agree (1) that any dispute involving Builder's directors, officers, partners,
employees and agents shall be resolved as set forth herein and not in a court of law; and (2) that
Builder shall have the option to include its subcontractors and suppliers as parties in the alternative
dispute resolution procedures set forth in this Contract.
If any party to this Contract files a proceeding in any court to resolve any such controversy, dispute or
claim, such action shall not constitute a waiver of the right of such party or a bar to the right of any
other party to seek arbitration of that or any other claim, dispute or controversy, and the court shall,
upon motion of any party to the proceeding, direct that such controversy, dispute or claim be arbitrated
in accordance herewith. Inasmuch as this Contract provides for mandatory arbitration of disputes, if
any party commences litigation in violation of this Contract, such party shall reimburse the other
parties to the litigation for their costs and expenses including attorneys' fees incurred in seeking
abatement of such litigation and enforcement of arbitration.
The requirement that the parties submit any disputes between them to mediation and, if that does not
resolve the dispute, binding arbitration is absolute and enforceable despite there being no signature by
either party on this page of the Contract. The parties, by their signatures at the end of this Contract,
agree to arbitration as if their signatures appeared on the page where arbitration is made part of the
agreement.
P. WAIVER OF TRIAL BY JURY: IN THE EVENT THAT IT IS DETERMINED THAT THE ARBITRATION
PROVISIONS OF THE FOREGOING ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ARE NOT
ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT ANY AND ALL DISPUTES BETWEEN THEM
SHALL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION IN THE COUNTY WHERE THE
PROPERTY IS LOCATED WITHOUT THE USE OF A JURY AND THE RIGHT TO A TRIAL BY JURY IS
HEREBY EXPRESSLY WAIVED BY BUYER AND BUILDER. THE PARTIES FURTHER AGREE THAT THE
RIGHTS AND OBLIGATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF
THIS CONTRACT BY EITHER PARTY; (2) THE DEFAULT OF THIS CONTRACT BY EITHER PARTY; OR (3)
ANY CLOSING AND DELIVERY OF DEED.
Q. MUTUAL LIMITATION OF CLAIMS AND REMEDIES – The parties further desire pragmatic and logical limitations
on claims and remedies to ensure effective and realistic dispute resolution. Accordingly,
1) Limitation of Claims: Under no circumstances shall either Buyer or Builder be liable for any special, indirect, or
consequential damages, including claims of mental anguish, except as otherwise specifically set forth in this
Contract. Any action or claim, regardless of form, which arises from or relates to this Contract, the construction
and/or the Improvements is barred unless it is brought by Buyer or Builder not later than two (2) years and one
(1) day from the date the cause of action accrues.
2) WAIVER OF SUBROGATION; INDEMNITY: THE PARTIES AGREE THAT AFTER OCCUPANCY OR
CLOSING, WHICHEVER COMES FIRST, THE BUYER SHALL SECURE AND MAINTAIN INSURANCE
COVERING RISK OF LOSS AND DAMAGE TO THE IMPROVEMENTS. THE PARTIES FURTHER
MUTUALLY AGREE THAT WITH RESPECT TO ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE
PROPERTY OR IMPROVEMENTS BY REASON OF FIRE, THE ELEMENTS, OR ANY OTHER CAUSE
WHICH COULD BE INSURED AGAINST UNDER THE TERMS OF STANDARD FIRE AND EXTENDED
COVERAGE INSURANCE POLICIES, REGARDLESS OF THE CAUSE OR ORIGIN, INCLUDING
NEGLIGENCE OF THE PARTIES HERETO, THEIR AGENTS, OFFICERS, AND EMPLOYEES, THE PARTY
HERETO CARRYING SUCH INSURANCE AND SUFFERING SAID LOSS, HEREBY RELEASES THE OTHER
FROM ANY AND ALL CLAIMS WITH RESPECT TO SUCH LOSS. THE PARTIES FURTHER MUTUALLY
AGREE THAT THEIR RESPECTIVE INSURANCE COMPANIES SHALL HAVE NO RIGHT OF
SUBROGATION AGAINST THE OTHER PARTY HERETO ON ACCOUNT OF ANY SUCH LOSS AND EACH
PARTY AGREES THAT IT WILL REQUEST ITS INSURANCE CARRIER TO INCLUDE IN ITS POLICIES
SUCH A CLAUSE OR ENDORSEMENT. IF BUYER RECEIVES ANY CONSIDERATION FROM A THIRD
PARTY, INCLUDING, BUT NOT LIMITED TO, AN ASSIGNEE OR SUBROGEE, IN SETTLEMENT OR
PAYMENT FOR ANY DISPUTE, BUYER SHALL INDEMNIFY BUILDER FOR ANY CLAIMS ASSERTED
AGAINST BUILDER BY SUCH THIRD PARTY, REGARDLESS OF ANY ALLEGATION OF BUILDER’S
NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR VIOLATIONS
OF THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. NOTHING
CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO MODIFY OR OTHERWISE AFFECT
RELEASES OF EITHER PARTY FROM LIABILITY FOR CLAIMS ELSEWHERE HEREIN CONTAINED.
R. WARRANTY REQUEST - Buyer and Builder acknowledge and agree that a request for warranty performance shall
not be construed as a notice of construction defect under the Texas Residential Construction Liability Act (RCLA),
and that any notice under RCLA shall be separately sent to Builder in the manner required by RCLA.
S. ATTORNEY FEES - The prevailing party in any arbitration or legal proceedings brought under or with relation to this
Contract may be entitled to recover from the non-prevailing party all costs of such proceeding and reasonable
attorney's fees.

16. AGREEMENT OF PARTIES: This Contract, along with any Change Orders, constitutes the entire agreement between
Buyer and Builder and no oral or written statements made at or prior to the execution of this Contract shall be binding
upon Buyer or Builder. Exhibits and addenda which are part of this Contract are: (check all that apply)
0 Legal Description (TAB C-1)
0 Special Provisions Addendum (TAB C-2)
0 Financing Addendum (TAB C-3)
0 Addendum for Property Subject to Mandatory Membership in an Owners’ Association (TAB C-4)
0 Tide Waters Notice (TAB C-5)
0 Final Customer Walk-Thru Approval and Punch List (TAB C-6)
0 Change Order (TAB C-7)
0 Real Estate Broker’s Fee Addendum (TAB C-8)
0 Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAB C-9)
0 Assignment of Manufactured Product Warranties (TAB C-10)
0 Notice of Expansive Soils (TAB C-11)
0 Green Building Disclosure (TAB C-12)
0 Express Home Warranty (TAB C-13)
0 Third-Party Warranty Specimen
0

BUYER REPRESENTS THAT BUYER HAS READ AND UNDERSTANDS THIS CONTRACT, INCLUDING THE
AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION OF DISPUTES RELATED TO THIS CONTRACT.
BUYER ALSO REPRESENTS THAT NO VERBAL STATEMENT, PROMISE OR CONDITION NOT SPECIFICALLY
SET FORTH IN THIS CONTRACT ARE BEING RELIED UPON BY BUYER. BUYER ACKNOWLEDGES THAT
THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY BUILDER, ITS
EMPLOYEES, OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS OR AGENTS EXCEPT THOSE CONTAINED
IN THIS CONTRACT. THIS CONTRACT CANNOT BE MODIFIED OR AMENDED EXCEPT BY WRITTEN
AGREEMENT SIGNED BY THE PARTIES. IF ANY COURT OR ARBITRATOR DECLARES ANY PROVISION OF
THIS CONTRACT TO BE VOID AND UNENFORCEABLE, THEN ONLY THAT PROVISION SHALL BE
UNENFORCEABLE, WITH THE REMAINDER OF THE CONTRACT REMAINING VALID AND ENFORCEABLE.
BUYER ACKNOWLEDGES THAT BUILDER IS RELYING ON THESE REPRESENTATIONS AND WOULD NOT
ENTER INTO THIS CONTRACT WITHOUT THIS UNDERSTANDING.

17. CONSULT YOUR ATTORNEY: Builders/Real Estate Licensees cannot give legal advice. This is intended to be a
legally binding Contract. READ IT CAREFULLY. If you do not understand the effect of this Contract, consult your
attorney BEFORE signing.
Buyer’s Attorney: Builder’s Attorney:



18. NOTICES: To the extent not otherwise required by law, notices must be in writing and must be delivered by personal
delivery, by certified mail, return receipt requested, or by electronic phone facsimile to the location for each party
designated below.
Buyer: Builder:


Phone: Phone:
Fax: Fax:

   Either party may change the location for notice upon written notice, delivered as described above.

19. EXECUTION BY BUILDER: This Contract shall not be binding upon Builder until accepted and executed by one of its
duly authorized officers. No other employee or agent is authorized to enter into any contract for sale of the Property on
behalf of Builder.

20. NO MERGER: The terms and conditions contained in this Contract shall survive the Closing of the sale of the Property
and delivery of a deed.

[the remainder of this page intentionally left blank]

21. SIGNATURES OF PARTIES: EXECUTED on , 20 .

The Contract is subject to Chapter 27 of the Texas
Property Code. The provisions of that chapter may
affect your right to recover damages arising from a
construction defect. If you have a complaint
concerning a construction defect and that defect has
not been corrected as may be required by law or by
contract, you mst provide the notice required by
Chapter 27 of the Texas Property Code to the
contractor by certified mail, return receipt requested,
not later than the 60th day before the date you file
suit to recover damages in a court of law or initiate
arbitration. The notice must refer to Chapter 27 of
the Texas Property Code and must describe the
construction defect. If requested by the contractor,
you must provide the contractor an opportunity to
inspect and cure the defect as provided by Section
27.004 of the Texas Property Code.

BUYER(S):

__________________________________________
Buyer Signature

__________________________________________
Buyer Signature

Address:


Email:

BUILDER:

By: _______________________________________

Name:

Its:

Address:


Email:

RECEIPT

Receipt of 0 Contract and 0 $ Earnest Money in the form of
is acknowledged.
Escrow Agent: Date:

By: Email Address:

Address: Telephone:

City: State: Zip: Facsimile:

1


Initials: Buyer(s) _________ Builder ________ Page 1 of 2 TAB 4.1 © 09/01/2009
Initials Buyer(s) _________ Builder _____ TAB 03 3/9/2011
Residential Completed Home Contract (For Use With Completed Homes Constructed On The Builder’s Property)
Concerning ________________________________________________________________________________________________________________________ (Address of Property)
Initials: Buyer(s) _________ Builder ________ Page 14 of 14 TAB 4.1 © 09/01/2009
   Page 15 of 15 TAB 4.1 © 09/01/2009
Initials: Buyer(s) _________ Builder ________ Page 16 of 16 TAB 4.1 © 09/01/2009

Residential Completed Home Contract

Realty One Group Mendez Burk
4509 Osborne Dr.
El Paso, TX 79922

El Paso Communities