PURCHASER DOCUMENTS
“Where there is a conflict, between the Upper Prospect PUD Guide and the third amended and restated PUD Guide III, the Upper Prospect PUD contains the controlling language.
The attached PUD Guide has not been modified to address the Planning Commission's proposed changes on April 3, 2024 and could be subject to change.”
PRICING MATRIX
SALES PROCESS
SELECTION PROCESS (INCLUDING LOTTERY IN THE EVENT OF MULTIPLE OFFERS) :
1.
Please note that the process outlined below differs from traditional handling of multiple-offer real estate sales. The “highest and best” method of offer selection will not be used. Instead, the guidelines below help prospective Buyers understand the method by which the Seller will analyze and respond to multiple offer situations on a particular property within Development Areas E and F.
2. Timeline of Events:
July 4, 2022: Initial listing of properties by Seller
July 28, 2022: Advisement from Seller of contested or uncontested status OF RECEIVED CONTRACTS
August 1, 2022: 9am MT: Deadline for delivery of proposed Contracts (FROM PROSPECTIVE BUYERS)
Please note that Earnest Money must be delivered to Land Title Guarantee Company in conjunction with the delivery of any Contract
August 1, 2022: 2:00pm MT: Live lottery process undertaken for contested PROPERTIES
August 2, 2022: Countersigned contracts delivered by Seller (if not PREVIOUSLY DELIVERED)
August 5, 2022: Return of Earnest Money for any party whose Contract is NOT EXECUTED BY SELLER (IF NOT PREVIOUSLY DELIVERED)
3. Proposed Contracts will only be considered under the following conditions:
The Contract Purchase Price shall match the offer price;
There shall be no Seller credits;
There shall be no modifications to the terms of Seller’s standard Addendum;
Earnest Money shall be delivered to Land Title Guarantee Company at the time of Contract delivery to Seller’s agent;
Financing of the Purchase Price is acceptable, provided there are no Financing contingencies; and
A strong preference shall be given to Contracts that follow Seller’s proposed Contract terms and deadlines.
4. In the event that multiple Contracts are received by August 1, 2022, for any particular lot, each Contract Buyer for a particular lot shall have one entry into a random lottery. A lottery selection shall be made through a live broadcast (likely conducted over Zoom) and by an individual of Seller’s choosing. The determination of Buyer selected through this random lottery process shall be final.
On or before July 28, 2022, all Contract Buyers will be advised if their requested property is subject to multiple Contracts. Those Buyers will have the right to transfer or modify their selected property in an attempt to avoid a multiple Contract lottery scenario. Any transfer or modification shall be completed and finalized (and delivered to Seller’s agent) on or before August 1, 2022.
5. The Seller reserves the right to amend, modify, revise, terminate, or otherwise change the Selection Process identified above for any reason or no reason at all. Buyers who have already submitted a proposed Contract at the time of any such change shall be notified of the change.
BROKERAGE DISCLAIMER
Buyer acknowledges and agrees that neither LIV Sotheby’s International Realty, nor any of its brokers, agents, officers, owners, or employees, (collectively, the “Brokerage Firm”) are authorized to make any representations, warranties, covenants or agreements of any kind with respect to the Development, including any Homesite, and that the Brokerage Firm has in fact not made any verbal, written or other representations, warranties, covenants or agreements of any kind whatsoever to or with Buyer, or Buyer’s agent, relating to, among other things: (1) Any present or future view or location advantage or benefit, including without limitation, the preservation or permanence of any view or location advantage to or from any Homesite; (2) Any tax or economic benefits, requirements or burdens of any kind associated with the purchase or ownership of a Homesite; (3) The presence or absence of any particular soil, geological or environmental condition relating to a Homesite, or within the Development or surrounding area; (4) The timing and quality of the construction, availability or delivery of the Homesite, improvements or amenities to be constructed on or made available in connection with the purchase or ownership of a Homesite; (5) The presence or absence of any present or future inconvenience, nuisance or danger of any kind resulting from, among other things: sound; odor; light or view or the absence or obstruction thereof; wildlife; construction or development activities; or the use, maintenance or operation of any facilities or amenities by any neighboring property owners or developers, the Seller or others; (6) Any ability to rent or lease a Homesite, or any ability to use the Homesite for a particular purpose or for a particular period of time; (7) The status of title to the Homesite; or (8) The square footage of the Homesite. As to all of the foregoing matters, Buyer hereby acknowledges and agrees that it is Buyer’s sole responsibility to analyze and fully satisfy itself with respect to such matters and all other due diligence matters relating to the purchase and ownership of the Homesite. Buyer agrees that if it proceeds with the purchase of the Homesite, that it is doing so based solely on its own investigation of the facts, circumstances and potential of the Homesite.
