Form HUD 9544 HUD 9544 Contract of Sale and Purchase (All Cash-Bulk Sale)

Bulk Sale Contract
(All Cash)

U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner

OMB Approval No. 2502-0306 (exp. 09/30/2008)

See Public Reporting Burden and Privacy Act Statement on back

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The Secretary of Housing and Urban Development (Seller) agrees to
sell and
(Buyer(s))
agree(s) to buy as is the properties described on the reverse hereof for
the prices shown. The Buyer agrees to accept the properties subject
to easements, restrictions and reservations of record.
The agreed total purchase price of said properties is $____________
(______________________________________________ dollars),
to be paid as follows:
a. $ ___________________________in cash as an earnest money
deposit. (money order, certified, or cashier’s check made payable to
Department of Housing and Urban Development.
b. The balance in cash at the time of sales closing.
All real property taxes and like charges against the property, including any improvement assessment installments (with interest), sewer
and water charges, garbage removal charges and ground rents, due
and payable on or before the closing shall be paid by the Seller. The
Buyer shall pay all real property taxes and closing expenses. Rentals,
if any, shall be pro-rated as of the date of sales closing.
No representations are made by the Seller as to the physical condition
of the property to be conveyed. Before sales closing, Seller assumes
the risk of loss from damage to the property other than willful acts or
neglect of the Buyer. In the event of such damage, Seller, in its sole
discretion, may repair the property to correct the damage. If Seller
is unwilling to repair the property, Seller may withdraw the property
from the offering or may cancel this agreement of sale and return to
the Buyer all moneys deposited by the Buyer. The return of such
moneys shall release Seller from any and all claims. If property is
withdrawn by Seller, Seller will adjust the total bid price by the
amount bid on the individual property withdrawn.
The Seller shall give the Buyer a special warranty deed in the form
customarily used in the jurisdiction in which the property is located.
The Seller will defend title to the property against the lawful claims
of all persons claiming by, from, through or under the grantor therein.
Transfer of title shall become effective at the time of sales closing.
Since time is of the essence, the sales shall be closed within
_____________ days following signing of the contract by Seller or
at such time and place as may be agreed on by the parties in writing.
If the Buyer does not close sale within _____________________
days, for any reason, including the Buyer’s failure to obtain financing, Seller will keep the earnest money deposit as full liquidated
damage. Extensions of time to close the sale are entirely within
Seller’s discretion.

Broker (type or print name and address and sign)

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The Buyer must comply with Title VIII of the 1968 Civil Rights Act
(“Fair Housing”, Title VIII of Public Law 90-284) or Executive
Order 11063, in the rental or sale of all properties owned or managed
by the Buyer and prominently display Form HUD-928.1 in the
Buyer's place of business. The execution of this contract by the Buyer
or a designee signifies agreement to comply with the above stated law.
No member of or a Delegate to Congress or Resident Commissioner,
shall benefit from this contract except this provision shall not apply
if the contract is made with a corporation for its general benefit.
None of the provisions of the Contract shall be merged or extinguished by reason of any deed transferring title to the properties from
the Seller to the Buyer or any successor in interest.
The Buyer, for himself/herself and his/her successors and assigns,
waives, to the fullest extent permitted by law, all claims and defenses
based upon extensions of time, indulgence, or modifications of the
terms of Contract, or by virtue of having become a surety hereunder.
Buyer warrants that no person or agency has been employed to solicit
or secure this contract for a fee, excepting bona fide employees or
bona fide established commercial agencies maintained by the Buyer
for the purpose of securing business. For violation of this warranty,
the Seller shall have the right to cancel this contract without liability
or to require the Buyer to pay to the Seller, in addition to the Contract
price or consideration, the full amount of such fee.
From the total purchase price stated in Item 2, Seller agrees to pay the
broker identified below a finder’s fee of $ ___________________
(shall not exceed three (3) percent of the total purchase price). Said
finder’s fee is earned and payable upon sales closing.
Priority in the acceptance of sales offers is given to offers producing the
greatest net return to Seller (total purchase price minus finder’s fee, if any).
The undersigned certifies that in affixing his/her/its signature to this
contract, he/she/it understands all the contents thereof without protest.
If any of the properties identified on the reverse were constructed
prior to 1978, Seller has inspected for defective paint surfaces.
Seller’s inspection found no defective paint surfaces, or if defective
paint surfaces were found, Seller has removed or will remove such
defective surfaces in a manner prescribed by HUD prior to closing.
Buyer understands and agrees that Seller’s inspection and/or removal is not intended to, nor does it guarantee or warrant that all leadbased paint and all potential lead-based paint hazards have been eliminated from the properties Buyer acknowledges that he/she has received
a copy of a brochure which discusses the lead-based paint hazard.
The listing of properties on the reverse hereof are incorporated and
made a part of this contract.

Broker's Social Security or Employer ID No.
(include hyphens)

Broker's Phone Number

Buyer (type or print name(s) and address and sign)

Phone Number

Date Signed by Buyer (mm/dd/yyyy)

Seller Secretary of Housing and Urban Development
By (type name and title and sign)
Date Signed by Seller (mm/dd/yyyy)

Previous editions are obsolete

ref. Handbook 4310.5 form HUD-9544 (6/95)

Public reporting burden for this collection of information is estimated to
average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. This
information is required to obtain benefits. HUD may not collect this information, and you are not required to complete this form, unless it displays a
currently valid OMB control number.
This information is required in order to administer the Property Disposition
Sales Program (24 CFR Part 291). The information is required in order to
provide a binding contract between the property purchaser and HUD. This
form is a sales contract specifically for the purpose of selling more than one
property to a single purchaser. If this information were not collected, HUD
would not be able to administer the Property Disposition Sales Program
properly to avoid waste, mismanagement, and abuse. While no assurances
of confidentiality are pledged to respondents, HUD generally discloses this
data only in response to a Freedom of Information request.
Listing of Properties

Privacy Act Notice – The United States Department of Housing and Urban
Development, Federal Housing Administration, is authorized to solicit the
information requested on this form by virtue of Title 12, United States Code,
Section 1701 et seq. The Housing and Community Development Act of
1987, U.S.C. 3543 authorized HUD to collect Employer ID and/or Social
Security Numbers. These numbers are used to provide information to the
IRS regarding payment of commissions or other fees. HUD may also
disclose this information to Federal, State, and local agencies when relevant
to civil, criminal, or regulatory investigations and prosecutions. It will not be
otherwise disclosed or released outside of HUD, except as required and
permitted by law. Failure to provide the Employer ID Number or Social
Security Number could affect your participation in HUD’s Property Disposition
Program

Bid Price

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Total

Previous editions are obsolete

$

ref. Handbook 4310.5 form HUD-9544 (6/95)