Chapter 13 - FORM 13-1 • POST-CLOSING OCCUPANCY AGREEMENT

JurisdictionColorado

FORM 13-1 • POST-CLOSING OCCUPANCY AGREEMENT

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (PCO70-6-20) (Mandatory 1-21)

THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

POST-CLOSING OCCUPANCY AGREEMENT (Seller Rent-Back Agreement)

Note: This form is to be used only for short-term residential occupancy for a term not to exceed 60 days. A residential lease must be used for a term longer than 60 days.

1. Parties and Property. This Post-Closing Occupancy Agreement (Agreement) is entered into between ___ (Seller) and __________ (Buyer) relating to the occupancy of the following legally-described real estate in the County of __________, Colorado: known as: __________Street Address __________City CO State __________Zip (Property).

2. Agreement. Buyer and Seller entered into that certain Contract to Buy and Sell Real Estate dated __________ and any amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement and the Contract, this Agreement controls subject to subsequent amendments to the Contract or this Agreement. This Agreement is conditional upon Closing. If Closing does not occur this Agreement is null and void.

3. Possession. Seller may retain possession of the Property from date of Closing through __________, not to exceed 60 days after Closing (Term)) provided, however, Seller may cause an earlier termination upon 5 days written notice to Buyer. Notice must be provided to the address, fax number or email address of the recipient as specified below or as otherwise specified, in writing, by the recipient. Seller agrees to use the Property for Seller's occupancy and personal residence only. Seller's rights and obligations may not be transferred or assigned in whole or in part, voluntarily or involuntarily. The rights and remedies of the parties under this Agreement will survive this Agreement.

4. Maintenance. If necessary, Buyer will, at Buyer's sole expense, maintain, repair and replace the heating and cooling systems including ventilation and ducts, plumbing, electrical wiring, roof and structural components of the Property and all appliances in the Property owned by Buyer and the lawn sprinkler system, if any, if such items were functioning or working properly on the date of Closing. Unless the services are provided by a...

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