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FILED
3/22/2024 3:45 PM
$366 DEPOSITED FELICIA PITRE
DISTRICT CLERK
2 CIT - ESERVE DALLAS CO., TEXAS
Marla Robinson DEPUTY
DC-24-04417
CAUSE NO.
CASH HOUSE BUYERS USA LLC, § IN THE DISTRICT COURT OF
Plaintiff,
Vv. DALLAS COUNTY, TEXAS
DERRITH LASHUN ROBERTSON, JR., §
and DELDRICK ARMSTRONG, §
§ 162nd
Defendants. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE COURT:
Plaintiff Cash House Buyers USA LLC files this its Original Petition against Defendants
Derrith Lashun Robertson, Jr. and Deldrick Armstrong, and in support thereof would respectfully
show the Court as follows:
I
DISCOVERY CONTROL PLAN
1 This is a Level 2 case under Texas Rule of Civil Procedure 190.
Il.
PARTIES
2. Plaintiff Cash House Buyers USA LLC (“Cash” or “Plaintiff’) is a Texas limited
liability company with its principal place of business in Dallas County, Texas.
3 Defendant Derrith Lashun Robertson, Jr. (“Roberton”) is an individual who is a
resident of the State of Texas who can be served with citation at his usual place of abode, 215
Merribrook Trail, Duncanville, Dallas County, Texas 75116-4614, or wherever he may be found.
4 Defendant Deldrick Armstrong (“Armstrong”) is an individual who is a resident of
the State of Texas who can be served with citation at his usual place of abode, 215 Merribrook
PLAINTIFF’S ORIGINAL PETITION--Page 1
Trail, Duncanville, Dallas County, Texas 75116-4614, or wherever he may be found.
5 Robertson and Armstrong are sometimes collectively referred to herein as
“Defendants”.
Hi.
JURISDICTION AND VENUE
6 This Court has jurisdiction over the parties because all parties are residents of,
and/or conduct a substantial portion of their business in Texas. The amount in controversy is
within the jurisdictional limits of this Court.
7
Venue of this action is proper in Dallas County, Texas pursuant to Texas Civil
Practice & Remedies Code Section 15.002, because all or a substantial part of the events or
omissions giving rise to Plaintiff's claims occurred in Dallas County, Texas.
IV.
BACKGROUND FACTS
8 Defendants own real property located at 215 Merribrook Trail, Duncanville, Dallas
County, Texas 75116-4614 (the “Property”).
9 On or about February 2, 2024, Cash and Defendants signed a One to Four Family
Residential Contract (Resale) (the “Contract,” a true and correct copy of which is attached as
Exhibit 1) whereby Defendants agreed to sell the Property to Cash on the terms set forth in that
agreement. Those terms included a payment of $140,000.00 to Defendants by Cash for the
Property, and a closing date of March 5, 2024.
10. After signing the Contract and the Contract with Cash, Defendants failed to take
action to assist Cash to proceed to closing of the Contract. Cash recently discovered that
Defendants have attempted to sell the Property to parties other than Cash, in violation of the
PLAINTIFF’S ORIGINAL PETITION--Page 2
Contract.
11. Cash is ready, willing and able to close on the closing date or before. As indicated
by page 11 of the Contract, it deposited the earnest money at the title company and it will tender
the purchase price set forth in the Contract to Defendants at closing as required by the Contract.
Cash has demanded that Defendants proceed to closing of the Contract, but Defendants have failed
to take any action to do so, and have indicated an intention not to perform in accordance with the
Contract and instead sell the Property to another buyer. It was therefore necessary for Cash to file
this lawsuit.
Vv.
BREACH OF CONTRACT/SPECIFIC PERFORMANCE
12. Defendants executed the Contract and promised to abide by them. Defendants’
affirmative actions in failing to cooperate such that the Contract would close on March 5 as set
forth therein, in signing other contracts to sell the Property, and in indicating their intent to fail to
perform is a clear, unconditional, and present intention to not perform under the terms of the
Contract and therefore constitutes anticipatory breach of the Contract. Cash has been damaged by
said breach. Cash hereby sues Defendants for anticipatory breach of contract and seeks all
available damages within the jurisdictional limits of this Court. Cash also requests a decree
requiring Defendants to specifically perform the Contract to sell the Property to Cash, in
accordance with the provisions of Section 15 of the Contract.
VI.
FRAUD AND FRAUDULENT INDUCEMENT
13. Defendants represented that they would take all necessary actions to comply with
their obligations according to the Contract. Defendants made such representations to induce Cash
PLAINTIFF’S ORIGINAL PETITION--Page 3
to enter into the Contract. Defendants have not complied with their obligations under the Contract
and have now indicated an intent to not comply with their contractual obligations. Defendants
knew at the time said representations were made that they did not intend to live up to the
representations. The representations and promises by Defendants were fraudulent and false and
Cash would not have considered doing business with Defendants, entering into the Contract, and
investing monies in the Property if it had known said representations and promises were false and
fraudulent. Cash relied upon said representations and promises to its detriment and has thus been
damaged.
VIL.
STATUTORY REAL ESTATE FRAUD
14. In addition to fraud, the conduct of one or more of Defendants constitutes statutory
real estate fraud pursuant to Section 27.01 of the Texas Business and Commerce Code. Defendants
made a false representation of material fact in a transaction involving real estate for the purpose of
inducing Cash to enter into the Contract. Cash relied on said representations to its detriment and
has been damaged. As a result of said statutory real estate fraud, Defendants are liable to Cash for
actual damages, exemplary damages, attorneys’ fees, expert witness fees, deposition costs, and
costs of court, in accordance with the Texas Business and Commerce Code.
VII.
DECLARATORY JUDGMENT
14. Plaintiff seeks relief, in accordance with the Texas Declaratory Judgment Act, that
the Contract is a valid instrument, that Defendants are legally obligated to perform under the
Contract, and that Plaintiff is entitled to specific performance of the Contract. Plaintiff also seeks
declaratory relief that any other contract which Defendants have purportedly executed regarding
PLAINTIFF’S ORIGINAL PETITION--Page 4
the Property is null, void, and of no legal effect.
IX.
ATTORNEYS’ FEES AND INTEREST
15. Cash further seeks an award of its reasonable and necessary attorneys’ fees incurred
in the prosecution of this lawsuit pursuant to the Contract and under Chapter 38 of the Texas Civil
Practice and Remedies Code arising from Defendants’ breach of contract as set forth above. Cash
further seeks an award of all pre- and post-judgment interest to which it may be entitled on any
final award herein as allowed by Texas law.
WHEREFORE, PREMISES CONSIDERED, Plaintiff Cash House Buyers USA LLC
respectfully prays that Defendants be cited to appear herein and, upon the trial or final hearing
hereof, that Cash be awarded a judgment for damages as specific above, for a decree ordering
specific performance of the Contacts at issue, declaratory relief as pleaded herein, exemplary
damages, attorneys’ fees, expert witness fees, deposition costs, costs of court, and pre- and post-
judgment interest as allowed by law, as well as any and all other relief, both general and special,
at law or in equity, to which it may show itself justly entitled.
Respectfully submitted,
VASSAR, MCCOWN, DEAR & SICOTTE, L.L.P.
15851 Dallas Parkway, Suite 525
Addison, Texas 75001
(972) 371-2411
Telecopier - (972) 371-2410
By: /s/ David S. Vassar
David S. Vassar
State Bar No. 20503175
dvassar@vmdslaw.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION--Page 5
DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E
1 11-07-2022
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
REC
Tennent eee comer
NOTICE: Not For Use For Condominium Transactions Queaee
Ime
+
PARTIES: The parties to this contract are Dery th Layhun Rioerten.S¢ De Uniek As:
(Seller) and Cash House Buyers USA LLC and/or Assigns (Buyer).
Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined
below.
PROPERTY: The land, improvements and accessories are collectively referred to as the
poy (Property).
LAND: Lot Ho Block A MERC Pa< PALK 10ST | BLCA Le? Yo
Addition, City of Jancaavicce 1 County of. COS
Texas, known as Ss
Bhoak TRL “TSE
(address/zip code), or as described on attached exhibit.
IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the
above-described real property, including without limitation, the following permanently
installed and built-in items, if any: all equipment and appliances, valances, screens,
shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television
antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units,
security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water
softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery,
landscaping, outdoor cooking equipment, and all other property attached to the above
described real proper
ACCESSORIES: The following described related accessories, if any: window air conditioning
units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods,
door keys, mailbox keys, above ground pool,swimming pool equipment and maintenance
accessories, artificial fireplace logs, security systems that are not fixtures, and controls for: (i)
garage doors, (ii) entry gates, and (iii) other improvements and accessories. ‘Controls’ includes
Seller's transferable rights to the (i) software and applications used to access and control
improvements or accessories, and (ii) hardware used solely to control improvements or
accessories.
EXCLUSIONS: The following improvements and accessories will be retained by Seller and
must be removed prior to delivery of possession:
E RESERVATIONS: Any teservation for oil, gas, or other minerals, water, timber, or other
interests is made in accordance with an attached addendum.
SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing /440),00y.&
The term “Cash portion of the Sales Price” doe: i jude pro is om’ borrowing of any
kind or selling other real property except as disclosed in this contract.
B. Sum ofall financing described in the attached: [_] Third Party Financing Addendum,
Loan Assumption Addendum, [_] Seller moana Addendum .
C. Sales Price (Sum of A and B) ... $ Oo.
LEASES: Except as disclosed in this contract, "paler is not aware of any leases affecting the
Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new
lease, amend any existing lease, or convey any interest in the Property. (Check all applicable
boxes)
(A. RESIDENTIAL LEASES: The Property is subject to one or more residential leases and the
Addendum Regarding Residential Leases is attached to this contract.
OB. FIXTURE LEASES: Fixtures on the Property are subject to one or more fixture leases (for
example, solar panels, propane tanks, water softener, security system) and the Addendum
Regarding Fixture Leases is attached to this contract.
Oc. NATURAL RESOURCE LEASES: “Natural Resource Lease” means an existing oil and gas,
mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a
H (1)
(2)
Seller has delivered to Buyer a copy of all the Natural Resource Leases.
Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall
provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective
Date. Buyer may terminate the contract within days after the date the Buyer
receives all the Natural Resource Leases and the earnest money shall be refunded to
Buyer.
Ds
Initialed for identification by Buyer Le and Seller _oA DR TREC NO, 20-17
Investor's Signature Realty 19141 Stone Oak Pkwy, #104-228 San Antonio, TX 78258 Phone: (214)238-3529 Fex: Untitled
James Ryals Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 waww.lwotf.com
EXHIBIT 1
DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E
Contract Concerning Zs MECTIBLOOK TRL SUG Page 2 of 11 11-07-2022
(Address of Property)
5. EARNEST MONEY AND TERMINATION OPTION:
A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer
must deliver to_ Ashley Townsend, Fidelity National Title (Escrow Agent) at 5110 Camp Bowie
Blvd, Fort Worth, Tx 76107 (address): $ as earnest money and $50.00
as the Option Fee. The earnest money and Option Fee shall be made payable to Escrow Agent
and may be paid separately or combined in a single payment.
(1) Buyer shall deliver additional earnest money of $ to Escrow Agent within
days after the Effective Date of this contract.
(2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money
falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option
Fee, or the additional earnest money, as applicable, is extended until the end of the next day
that is not a Saturday, Sunday, or legal holiday.
(3) The amount(s) Escrow Agent receives under this paragraph shall be applied first to the
Option Fee, then to the earnest money, and then to the additional earnest money.
(4) Buyer authorizes Escrow Agent to release and deliver the Option Fee to Seller at any time
without further notice to or consent from Buyer, and releases Escrow Agent from liability for
delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at
closing.
TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges,
and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the
unrestricted right to terminate this contract by giving notice of termination to Seller within
days after the Effective Date of this contract (Option Period). Notices under this
paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date
specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will
not be refunded and Escrow Agent shall release any Option Fee remaining with Escrow Agent to
Seller; and (ii) any earnest money will be refunded to Buyer.
FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money
within the time required, Seller may terminate this contract or exercise Seller's remedies under
Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money.
FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if
Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the
unrestricted right to terminate this contract under this paragraph 5.
E TIME: Time is of the essence for this paragraph and strict compliance with the time for
performance is required.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at[]Seller's [X]Buyer’s expense an owner policy of
title insurance (Title Policy) issued by Fidelity National Title (Title Company)
in the amount of the 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 common 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 Paragraph 3.
(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 marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements:
(i) will not be amended or deleted from the title policy; or
(ii) will be amended to read, "shortages in area" at the expense of OO Buyer (J Seller.
(9) The exception or exclusion regarding minerals approved by the Texas Department of
Insurance,
COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
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
(Exception Documents) other than the standard printed exceptions. Seller authorizes the Title
Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address
shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to
Buyer within the specified time, the time for delivery will be automatically extended up to 15
days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception
Documents are not ‘bs ‘d within the time required, Buyer may terminate this contract and
the earnest money will ded to Buyer. A.
Initialed for identification by Buyek and Seller TREC NO. 20-17
id with Lone T=. Jons (zipForm Exition) 717 N Harwood St, Suite 2200, Dallas, TX 7201 waw.hwolf.com Untitled
DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E
Contract Concerning LIS mEettiBeere Tee Tse Page
3 of 11 11-07-2022
(Address of Property)
C, SURVEY: The survey must be made by a registered professional land surveyor acceptable to the
Title Company and Buyer's lender(s). (Check one box only)
O (1) Within ____days after the Effective Date of this contract, Seller shall furnish to Buyer and
Title Company Seller's existing survey of the Property and a Residential Real Property
Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to
furnish the existing survey or affidavit within the time prescribed, Buyer shall
obtain a new survey at Seller's expense no later than 3 days prior to Closing Date.
If the existing survey or affidavit is_not acceptable to Title Company or Buyer's lender(s),
Buyer shall obtain a new survey at[_]Seller's Buyer's expense no later than 3 days prior
to Closing Date.
O 2 Within days after the Effective Date of this contract, Buyer shall obtain a new survey
at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or
the date specified in this paragraph, whichever is earlier.
0 @) Within days after the Effective Date of this contract, Seller, at Seller's expense shall
furnish a new survey to Buyer,
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than items 6A(1) through (7) above; disclosed in the
Commitment other than items 6A(1) through (9) above; or which prohibit the following use or
activity:
Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the
Commitment, Exception Documents, and the survey. Buyer's failure to object within the time
allowed will constitute a waiver of Buyer's right to object; except that the requirements in
Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to
incur any expense, Seller shall cure any timely objections of Buyer or any third party lender
within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be
extended as necessary. If objections are not cured within the Cure Period, Buyer may, by
delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this
contract and the earnest money will be refunded to Buyer; or (ji) waive the objections. If
Buyer does not terminate within the time required, Buyer shall be deemed to have waived the
objections. lf the Commitment or survey is revised or any new Exception Document(s) is
delivered, Buyer may object to any new matter revealed in the revised Commitment or survey
or new Exception Document(s) within the same time stated in this paragraph to make
objections beginning when the revised Commitment, survey, or Exception Document(s) is
delivered to Buyer.
TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer 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
f
object.
(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property [Jis is not subject
to mandatory membership in a property owners association(s). If the Prope is subject to
mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential community
identified in Paragraph 2A in which the Property is located, you are obligated to be a
member of the property owners association(s) Restrictive covenants governing the use and
occupancy of the Property and all dedicatory instruments governing the establishment,
maintenance, or 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 instruments may be obtained from the county clerk.
-pay
amountof -assessments Subject change. Your failure to -pay the
assessments could result in enforcement _of the -association's lien .on and the
Section 207.003, Property Code, entitles an owner to receive cof of any document that
governs the establishment, maintenance, or operation of a subdivision, including, but not
limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a
property owners’ association. A resale certificate contains information including, but not
limited to, statements specifying the amount and frequency of regular assessments and the
style and cause number of lawsuits to which the property owners’ association is a pa
other than lawsuits relating to unpaid ad valorem taxes of an individual member of the
association. These documents must be made available to you by the property owners’
association or the association's agent on your request. If Buyer is concerned about
these matters, the TREC promulgated Addendum for Property Subject to
Mandatory Membership in a Property Owners Association(s) should be used.
(3) STATUTORY TAX DISTRICTS: 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, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tex rate, bonded indebtedness, or standby fee of the district prior to
final execution of t/ act.
Initialed for identification by Buyer’ and Seller ee Dé DR TREC NO. 20-17
tuced with Lone V. —._ans (eipForm Ecition) 717 N Harwood Si,Suite2200, Dallas, TX 75201 wwww.bwolf.com Untitled
DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-5A0AE88B2E2E
Contract Concerning LI MET Beek Tle THC Page 4 of 11 41-07-2022
(Address of Property)
(4)
included in
Cox
TIDE WATERS: If the Pro) ty abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources ‘ode, requires a notice regarding coastal area property to be
the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(8) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §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, contact all municipalities located in the general proximity of the
Pro for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
Notice required by §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 rovide
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.
”) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller
must give Buyer written notice as required by §5.014, Property Code. An addendum
containing the required notice shall be attached to this contract.
(8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205,
Property Code, requires Seller to notify Buyer as follows: The private transfer fee obligation
lay be governed by Chapter 5, Subchapter G of the Texas Property Code.
(9) PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system
service area owned by a_ distribution system retailer, Seller must give Buyer written notice
as
RE
uired by §141.010, Texas Utilities Code. An addendum containing the notice approved
by TRI ‘C or required by the parties should be used.
(10) NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of
water, including a reservoir or lake, constructed and maintained under Chapter 11, Water
Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal
operating level, Seller hereby notifies Buyer: “The water level of the impoundment of water
adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity
lawfully exercising its right to use the water stored in the impoundment; or (2) drought or
flood conditions.”
(11)REQUIRED NOTICES: The following notices have been given or are attached to this contract
(for example, MUD, WCID, PID notices):
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access
to the Property at reasonable times. Buyer may have the Property inspected by Inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Any hydrostatic testing must be separately authorized by Seller in writing. Seller at Seller's
expense shall immediately cause existing utilities to be turned on and shall keep the utilities
on during the time this contract is in effect.
SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice):
(Check one box only)
(1) Buyer has received the Notice.
(2) Buyer has not received the Notice. Within days after the Effective Date of this
contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice,
Buyer may terminate this contract at any time prior to the closing and the earnest money
will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract
for any reason within 7 days after Buyer receives the Notice or prior to the closing,
whichever first occurs, and the earnest money will be refunded to Buyer.
(3) The Seller is not required to furnish the notice under the Texas Property Code.
SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required
by Federal law for a residential dwelling constructed prior to 1978.
ACCEPTANCE OF PROPERTY CONDITION: “As Is" means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph
7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating repairs or treatments in a subsequent amendment, or from terminating — this
contract during the Opi d, if any. a
Initialed for identification by Buyer and Seller TREC NO. 20-17
Produced
with Lone Vio ins (zipForm Exition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Untitled
DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E
Contract Concerning 215 PERL BLcl 7H 75 Page
5 of 11 11-07-2022
(Address of Property)
{Check one box only)
E (1) Buyer accepts the Property As Is.
(2) Buyer accepts the Property As Is provided
following specific repairs and treatments:
Seller, at Seller's expense, shall complete the
(Do not insert general phrases, such as "subject to inspections" that do not identify Specific
repairs and treatments..
LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither
party is obligated to pay for lender required repairs, which includes treatment for wood
destroying insects. If the parties do not agree to pay for the lender required repairs or
treatments, this contract will terminate and the earnest money will be refunded to Buyer. If
the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may
terminate this contract and the earnest money will be refunded to Buyer.
COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall
complete allagreed repairs and treatments prior to the Closing Date and obtain any required
permits. The repairs and treatments must be performed by persons who are licensed to
provide such repairs or treatments or, if no license is required by law, are commercially
engaged in the trade of providing such repairs or treatments. Seller shall: (i) provide Buyer
with copies of documentation from the repair person(s) showing the scope of work and
payment for the work completed; and (ii) at Seller's expense, arrange for the transfer of any
transferable warranties with respect to the repairs and treatments to Buyer at closing. If Seller
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FILED 3/22/2024 3:45 PM $366 DEPOSITED FELICIA PITRE DISTRICT CLERK 2 CIT - ESERVE DALLAS CO., TEXAS Marla Robinson DEPUTY DC-24-04417 CAUSE NO. CASH HOUSE BUYERS USA LLC, § IN THE DISTRICT COURT OF Plaintiff, Vv. DALLAS COUNTY, TEXAS DERRITH LASHUN ROBERTSON, JR., § and DELDRICK ARMSTRONG, § § 162nd Defendants. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE COURT: Plaintiff Cash House Buyers USA LLC files this its Original Petition against Defendants Derrith Lashun Robertson, Jr. and Deldrick Armstrong, and in support thereof would respectfully show the Court as follows: I DISCOVERY CONTROL PLAN 1 This is a Level 2 case under Texas Rule of Civil Procedure 190. Il. PARTIES 2. Plaintiff Cash House Buyers USA LLC (“Cash” or “Plaintiff’) is a Texas limited liability company with its principal place of business in Dallas County, Texas. 3 Defendant Derrith Lashun Robertson, Jr. (“Roberton”) is an individual who is a resident of the State of Texas who can be served with citation at his usual place of abode, 215 Merribrook Trail, Duncanville, Dallas County, Texas 75116-4614, or wherever he may be found. 4 Defendant Deldrick Armstrong (“Armstrong”) is an individual who is a resident of the State of Texas who can be served with citation at his usual place of abode, 215 Merribrook PLAINTIFF’S ORIGINAL PETITION--Page 1 Trail, Duncanville, Dallas County, Texas 75116-4614, or wherever he may be found. 5 Robertson and Armstrong are sometimes collectively referred to herein as “Defendants”. Hi. JURISDICTION AND VENUE 6 This Court has jurisdiction over the parties because all parties are residents of, and/or conduct a substantial portion of their business in Texas. The amount in controversy is within the jurisdictional limits of this Court. 7 Venue of this action is proper in Dallas County, Texas pursuant to Texas Civil Practice & Remedies Code Section 15.002, because all or a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in Dallas County, Texas. IV. BACKGROUND FACTS 8 Defendants own real property located at 215 Merribrook Trail, Duncanville, Dallas County, Texas 75116-4614 (the “Property”). 9 On or about February 2, 2024, Cash and Defendants signed a One to Four Family Residential Contract (Resale) (the “Contract,” a true and correct copy of which is attached as Exhibit 1) whereby Defendants agreed to sell the Property to Cash on the terms set forth in that agreement. Those terms included a payment of $140,000.00 to Defendants by Cash for the Property, and a closing date of March 5, 2024. 10. After signing the Contract and the Contract with Cash, Defendants failed to take action to assist Cash to proceed to closing of the Contract. Cash recently discovered that Defendants have attempted to sell the Property to parties other than Cash, in violation of the PLAINTIFF’S ORIGINAL PETITION--Page 2 Contract. 11. Cash is ready, willing and able to close on the closing date or before. As indicated by page 11 of the Contract, it deposited the earnest money at the title company and it will tender the purchase price set forth in the Contract to Defendants at closing as required by the Contract. Cash has demanded that Defendants proceed to closing of the Contract, but Defendants have failed to take any action to do so, and have indicated an intention not to perform in accordance with the Contract and instead sell the Property to another buyer. It was therefore necessary for Cash to file this lawsuit. Vv. BREACH OF CONTRACT/SPECIFIC PERFORMANCE 12. Defendants executed the Contract and promised to abide by them. Defendants’ affirmative actions in failing to cooperate such that the Contract would close on March 5 as set forth therein, in signing other contracts to sell the Property, and in indicating their intent to fail to perform is a clear, unconditional, and present intention to not perform under the terms of the Contract and therefore constitutes anticipatory breach of the Contract. Cash has been damaged by said breach. Cash hereby sues Defendants for anticipatory breach of contract and seeks all available damages within the jurisdictional limits of this Court. Cash also requests a decree requiring Defendants to specifically perform the Contract to sell the Property to Cash, in accordance with the provisions of Section 15 of the Contract. VI. FRAUD AND FRAUDULENT INDUCEMENT 13. Defendants represented that they would take all necessary actions to comply with their obligations according to the Contract. Defendants made such representations to induce Cash PLAINTIFF’S ORIGINAL PETITION--Page 3 to enter into the Contract. Defendants have not complied with their obligations under the Contract and have now indicated an intent to not comply with their contractual obligations. Defendants knew at the time said representations were made that they did not intend to live up to the representations. The representations and promises by Defendants were fraudulent and false and Cash would not have considered doing business with Defendants, entering into the Contract, and investing monies in the Property if it had known said representations and promises were false and fraudulent. Cash relied upon said representations and promises to its detriment and has thus been damaged. VIL. STATUTORY REAL ESTATE FRAUD 14. In addition to fraud, the conduct of one or more of Defendants constitutes statutory real estate fraud pursuant to Section 27.01 of the Texas Business and Commerce Code. Defendants made a false representation of material fact in a transaction involving real estate for the purpose of inducing Cash to enter into the Contract. Cash relied on said representations to its detriment and has been damaged. As a result of said statutory real estate fraud, Defendants are liable to Cash for actual damages, exemplary damages, attorneys’ fees, expert witness fees, deposition costs, and costs of court, in accordance with the Texas Business and Commerce Code. VII. DECLARATORY JUDGMENT 14. Plaintiff seeks relief, in accordance with the Texas Declaratory Judgment Act, that the Contract is a valid instrument, that Defendants are legally obligated to perform under the Contract, and that Plaintiff is entitled to specific performance of the Contract. Plaintiff also seeks declaratory relief that any other contract which Defendants have purportedly executed regarding PLAINTIFF’S ORIGINAL PETITION--Page 4 the Property is null, void, and of no legal effect. IX. ATTORNEYS’ FEES AND INTEREST 15. Cash further seeks an award of its reasonable and necessary attorneys’ fees incurred in the prosecution of this lawsuit pursuant to the Contract and under Chapter 38 of the Texas Civil Practice and Remedies Code arising from Defendants’ breach of contract as set forth above. Cash further seeks an award of all pre- and post-judgment interest to which it may be entitled on any final award herein as allowed by Texas law. WHEREFORE, PREMISES CONSIDERED, Plaintiff Cash House Buyers USA LLC respectfully prays that Defendants be cited to appear herein and, upon the trial or final hearing hereof, that Cash be awarded a judgment for damages as specific above, for a decree ordering specific performance of the Contacts at issue, declaratory relief as pleaded herein, exemplary damages, attorneys’ fees, expert witness fees, deposition costs, costs of court, and pre- and post- judgment interest as allowed by law, as well as any and all other relief, both general and special, at law or in equity, to which it may show itself justly entitled. Respectfully submitted, VASSAR, MCCOWN, DEAR & SICOTTE, L.L.P. 15851 Dallas Parkway, Suite 525 Addison, Texas 75001 (972) 371-2411 Telecopier - (972) 371-2410 By: /s/ David S. Vassar David S. Vassar State Bar No. 20503175 dvassar@vmdslaw.com ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION--Page 5 DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E 1 11-07-2022 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) REC Tennent eee comer NOTICE: Not For Use For Condominium Transactions Queaee Ime + PARTIES: The parties to this contract are Dery th Layhun Rioerten.S¢ De Uniek As: (Seller) and Cash House Buyers USA LLC and/or Assigns (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. PROPERTY: The land, improvements and accessories are collectively referred to as the poy (Property). LAND: Lot Ho Block A MERC Pa< PALK 10ST | BLCA Le? Yo Addition, City of Jancaavicce 1 County of. COS Texas, known as Ss Bhoak TRL “TSE (address/zip code), or as described on attached exhibit. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property attached to the above described real proper ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool,swimming pool equipment and maintenance accessories, artificial fireplace logs, security systems that are not fixtures, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories. ‘Controls’ includes Seller's transferable rights to the (i) software and applications used to access and control improvements or accessories, and (ii) hardware used solely to control improvements or accessories. EXCLUSIONS: The following improvements and accessories will be retained by Seller and must be removed prior to delivery of possession: E RESERVATIONS: Any teservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing /440),00y.& The term “Cash portion of the Sales Price” doe: i jude pro is om’ borrowing of any kind or selling other real property except as disclosed in this contract. B. Sum ofall financing described in the attached: [_] Third Party Financing Addendum, Loan Assumption Addendum, [_] Seller moana Addendum . C. Sales Price (Sum of A and B) ... $ Oo. LEASES: Except as disclosed in this contract, "paler is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. (Check all applicable boxes) (A. RESIDENTIAL LEASES: The Property is subject to one or more residential leases and the Addendum Regarding Residential Leases is attached to this contract. OB. FIXTURE LEASES: Fixtures on the Property are subject to one or more fixture leases (for example, solar panels, propane tanks, water softener, security system) and the Addendum Regarding Fixture Leases is attached to this contract. Oc. NATURAL RESOURCE LEASES: “Natural Resource Lease” means an existing oil and gas, mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a H (1) (2) Seller has delivered to Buyer a copy of all the Natural Resource Leases. Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. Ds Initialed for identification by Buyer Le and Seller _oA DR TREC NO, 20-17 Investor's Signature Realty 19141 Stone Oak Pkwy, #104-228 San Antonio, TX 78258 Phone: (214)238-3529 Fex: Untitled James Ryals Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 waww.lwotf.com EXHIBIT 1 DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E Contract Concerning Zs MECTIBLOOK TRL SUG Page 2 of 11 11-07-2022 (Address of Property) 5. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to_ Ashley Townsend, Fidelity National Title (Escrow Agent) at 5110 Camp Bowie Blvd, Fort Worth, Tx 76107 (address): $ as earnest money and $50.00 as the Option Fee. The earnest money and Option Fee shall be made payable to Escrow Agent and may be paid separately or combined in a single payment. (1) Buyer shall deliver additional earnest money of $ to Escrow Agent within days after the Effective Date of this contract. (2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3) The amount(s) Escrow Agent receives under this paragraph shall be applied first to the Option Fee, then to the earnest money, and then to the additional earnest money. (4) Buyer authorizes Escrow Agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases Escrow Agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at closing. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will not be refunded and Escrow Agent shall release any Option Fee remaining with Escrow Agent to Seller; and (ii) any earnest money will be refunded to Buyer. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required, Seller may terminate this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this paragraph 5. E TIME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at[]Seller's [X]Buyer’s expense an owner policy of title insurance (Title Policy) issued by Fidelity National Title (Title Company) in the amount of the 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 common 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 Paragraph 3. (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 marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: (i) will not be amended or deleted from the title policy; or (ii) will be amended to read, "shortages in area" at the expense of OO Buyer (J Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance, COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller 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 (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not ‘bs ‘d within the time required, Buyer may terminate this contract and the earnest money will ded to Buyer. A. Initialed for identification by Buyek and Seller TREC NO. 20-17 id with Lone T=. Jons (zipForm Exition) 717 N Harwood St, Suite 2200, Dallas, TX 7201 waw.hwolf.com Untitled DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E Contract Concerning LIS mEettiBeere Tee Tse Page 3 of 11 11-07-2022 (Address of Property) C, SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) O (1) Within ____days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is_not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at[_]Seller's Buyer's expense no later than 3 days prior to Closing Date. O 2 Within days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. 0 @) Within days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer, D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (9) above; or which prohibit the following use or activity: Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the earnest money will be refunded to Buyer; or (ji) waive the objections. If Buyer does not terminate within the time required, Buyer shall be deemed to have waived the objections. lf the Commitment or survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, survey, or Exception Document(s) is delivered to Buyer. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer 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 f object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property [Jis is not subject to mandatory membership in a property owners association(s). If the Prope is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2A in which the Property is located, you are obligated to be a member of the property owners association(s) Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, or 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 instruments may be obtained from the county clerk. -pay amountof -assessments Subject change. Your failure to -pay the assessments could result in enforcement _of the -association's lien .on and the Section 207.003, Property Code, entitles an owner to receive cof of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners’ association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners’ association is a pa other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners’ association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association(s) should be used. (3) STATUTORY TAX DISTRICTS: 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, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tex rate, bonded indebtedness, or standby fee of the district prior to final execution of t/ act. Initialed for identification by Buyer’ and Seller ee Dé DR TREC NO. 20-17 tuced with Lone V. —._ans (eipForm Ecition) 717 N Harwood Si,Suite2200, Dallas, TX 75201 wwww.bwolf.com Untitled DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-5A0AE88B2E2E Contract Concerning LI MET Beek Tle THC Page 4 of 11 41-07-2022 (Address of Property) (4) included in Cox TIDE WATERS: If the Pro) ty abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources ‘ode, requires a notice regarding coastal area property to be the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (8) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §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, contact all municipalities located in the general proximity of the Pro for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §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 rovide 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. ”) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller must give Buyer written notice as required by §5.014, Property Code. An addendum containing the required notice shall be attached to this contract. (8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205, Property Code, requires Seller to notify Buyer as follows: The private transfer fee obligation lay be governed by Chapter 5, Subchapter G of the Texas Property Code. (9) PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a_ distribution system retailer, Seller must give Buyer written notice as RE uired by §141.010, Texas Utilities Code. An addendum containing the notice approved by TRI ‘C or required by the parties should be used. (10) NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: “The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions.” (11)REQUIRED NOTICES: The following notices have been given or are attached to this contract (for example, MUD, WCID, PID notices): 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by Inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Any hydrostatic testing must be separately authorized by Seller in writing. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice): (Check one box only) (1) Buyer has received the Notice. (2) Buyer has not received the Notice. Within days after the Effective Date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer. (3) The Seller is not required to furnish the notice under the Texas Property Code. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978. ACCEPTANCE OF PROPERTY CONDITION: “As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating — this contract during the Opi d, if any. a Initialed for identification by Buyer and Seller TREC NO. 20-17 Produced with Lone Vio ins (zipForm Exition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 Untitled DocuSign Envelope ID: 45C669A3-68E8-4818-BC45-SA0AE88B2E2E Contract Concerning 215 PERL BLcl 7H 75 Page 5 of 11 11-07-2022 (Address of Property) {Check one box only) E (1) Buyer accepts the Property As Is. (2) Buyer accepts the Property As Is provided following specific repairs and treatments: Seller, at Seller's expense, shall complete the (Do not insert general phrases, such as "subject to inspections" that do not identify Specific repairs and treatments.. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete allagreed repairs and treatments prior to the Closing Date and obtain any required permits. The repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. Seller shall: (i) provide Buyer with copies of documentation from the repair person(s) showing the scope of work and payment for the work completed; and (ii) at Seller's expense, arrange for the transfer of any transferable warranties with respect to the repairs and treatments to Buyer at closing. If Seller