Common Wall

IF AGREEMENT IS AVAILABLE.

The property is subject to a Common Wall Agreement with the adjacent property owner, and a copy of that agreement is attached. Buyer is advised to consult with legal counsel and/or other experts with respect to consequences of this agreement, and shall have seven (7) calendar days from the effective date of this contract to terminate this contract by giving written notice to Seller or escrow if Buyer is not willing to accept the property with this agreement. If the Agreement is not recorded, Buyer and Seller agree to cooperate between themselves and the other parties to the Common Wall Agreement and to have it recorded at closing.

IF AGREEMENT IS NOT AVAILABLE; FAVORS BUYER.

The property being conveyed has a common wall, portions of which are located on the subject property and an adjacent property. This offer is contingent upon the Seller, at Seller's cost and expense, within ____ (___) calendar days from the date of acceptance of this offer, 1) having the property staked and surveyed by a licensed surveyor, 2) providing Buyer with a location map by the surveyor showing the easement and properties involved, and 3) obtaining a Common Wall Agreement with the property owner who shares the common wall. Buyer is advised to consult with legal counsel and/or other experts with respect to consequences of this condition, and shall have seven (7) calendar days from the date of acceptance of this offer to terminate this contract by giving written disapproval to Seller or escrow if Buyer is not willing to accept this condition or the Seller cannot obtain a Common Wall Agreement. Buyer and Seller agree that the Agreement will be recorded.

IF AGREEMENT IS NOT AVAILABLE; FAVORS SELLER. The Buyer is aware that there is a "common wall" between this property and the adjoining property and that portions of this wall may be located on both properties. There is no written agreement between the affected properties regarding this condition. The wall was constructed at this location approximately ____ (___) years ago. Seller agrees to have the property staked by a licensed surveyor and to provide a location map showing the location of the wall and the properties involved by (date) . Buyer is advised to consult with legal counsel and/or other experts with respect to consequences of this condition, and shall have seven (7) calendar days from completion of the survey and receipt of the location map to declare this contract null and void because of this condition by giving written disapproval to Seller or escrow. If no written disapproval is received within the time specified, Buyer accepts the "common wall" in its "as is" condition and at its present location and agrees to assume the responsibility for it.