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Filing # 199052749 E-Filed 05/23/2024 01:00:32 PM
IN THE SMALL CLAIMS COURT OF
THE EIGHTEENTH JUDICIAL
CIRCUIT IN AND FOR BREVARD
COUNTY, FLORIDA
ECOSUN HOMES, LLC, A FLORIDA
LIMITED LIABILITY COMPANY,
Plaintiff CASE NO:
Vv.
CLARA LIZ PAGAN FERNANDEZ,
Defendant(s),
STATEMENT OF CLAIM
Plaintiff, ECOSUN HOMES, LLC (“EcoSun”), files this Complaint against the Defendant,
CLARA LIZ PAGAN FERNANDEZ (“Defendant”), and alleges:
PARTIES, JURISDICTION AND VENUE
1 EcoSun is a Florida limited liability company who conducts business in Brevard County,
Florida.
2 Defendant is a resident of Brevard County, Florida.
3 This Court has subject matter jurisdiction as the amount in controversy does not exceed
$8,000.00, exclusive of interest, fees, and costs.
4 Venue is proper as the claims arose within this Court’s geographical territory and
because the real property that is the subject of this proceeding is located in Brevard County, Florida.
GENERAL ALLEGATIONS
5 On February 25, 2023, Defendant executed a Purchase and Sale Agreement (the
“Agreement”) wherein Defendant agreed to purchase, and EcoSun agreed to sell, a single-family home
located at 2178 Soria Ave. SW, Palm Bay, FL 32908 (the “Subject Property”) for $312,995.00. See
Filing 199052749 VS 05-2024-SC-030100-XXSC-BC
EcoSun Homes Purchase and Sale Agreement, attached hereto as EXHIBIT “A.” Thereafter, the
purchase price for the Subject Property was increased to $335,995.00. Defendant executed a Change
Order Addendum accepting same. See EcoSun Homes Change Order Addendum, attached hereto as
EXHIBIT “B.”
6. Pursuant to the Agreement, Defendant was required to obtain a Loan Commitment
within thirty (30) days of February 27, 2023—the Effective Date of the Agreement. See The Agreement
at 3b. ii.
7
Initially, Defendant pre-qualified for a mortgage loan with EcoSun’s preferred lender
for the purchase of the Subject Property. However, due to the actions of Defendant’s co-signor,
Defendant’s loan application approval was adversely affected, and Defendant was required to seek
approval for a mortgage loan from an outside lender.
8 Ultimately, on March 22, 2024, Defendant requested EcoSun grant her additional time
to pursue financing for a mortgage loan from an alternative lender to purchase the Subject Property.
Defendant also requested EcoSun withhold listing the Subject Property for sale during this time.
9 Although EcoSun has been ready, willing, and able to close on the Subject Property
since the end of March 2024, EcoSun agreed to permit Defendant additional time to pursue financing
and refrain from listing the Subject Property for sale.
10. On April 10, 2024, EcoSun received confirmation from Defendant’s outside lender that
Defendant was approved for a mortgage loan and closing could occur by month’s end.
11. To assist Defendant in the purchase of the home, and complete the sale of the Subject
Property, EcoSun offered to contribute additional closing funds, via a “seller closing credit,” to
Defendant. This offer was extended to Defendant despite the fact that closing credit incentives were
only offered to buyers utilizing EcoSun’s preferred lender.
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12. As of May 9, 2024, the loan was in underwriting and anticipated to close on May 15,
2024 or May 16, 2024.
13. However, Defendant sent a “Notice of Cancellation” to EcoSun unilaterally cancelling
the Agreement without cause less than a week before closing.
14. Despite EcoSun’s numerous good faith attempts to accommodate Defendant—extending
Defendant more time to obtain financing, refraining from listing the Subject Property on the market, and
contributing closing funds; Defendant refuses to close.
COUNT I: BREACH OF CONTRACT.
15. EcoSun incorporates herein by reference, as though fully set forth here, the allegations
in paragraphs 1 through 16 of this Complaint.
16. EcoSun and Defendant entered into a valid, binding, and enforceable contract whereby
Defendant agreed to buy, and EcoSun agreed to sell, the Subject Property.
17. EcoSun performed its contracted-for obligations.
18. However, Defendant failed to fulfil her obligations under the Agreement with EcoSun
by refusing to complete the loan closing.
19, Pursuant to Section 13(f) of the Agreement, Defendant’s Failure to Close constitutes a
material breach of the Agreement.
20. At all material times, EcoSun has been ready, willing, and able to close on the Subject
Property.
21. Defendant’s failure to pay under the contract has resulted in damages to EcoSun.
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WHEREFORE, ECOSUN HOMES, LLC requests that this Court find in its favor as against
CLARA LIZ PAGAN FERNANDEZ, and award all damages, interest, costs, attorneys’ fees, and all
other relief deemed just and proper.
BITMAN O’BRIEN & MORAT, PLLC
/s/David L. Mackey
David L. Mackey, Esquire
Florida Bar No.: 1049807
dmackey@bitman-law.com
njagdeo@bitman-law.com
Pamela Patterson, Esquire
Florida Bar No.: 1018682
ppatterson@bitman-law.com
acrown@bitman-law.com
615 Crescent Executive Ct., Suite 212
Lake Mary, Florida 32746
Telephone: (407) 815-3110
Facsimile: (407) 815-2511
Attorney for Plaintiff
Filing 199052749 VS 05-2024-SC-030100-XXSC-BC
_ Eco Sun HOMES
ECOSUN HOMES PURCHASE AND SALE AGREEMENT
IN CONSIDERATION of the covenants stated herein, ECOSUN HOMES, LLC, a Florida foreign limited liability
company (“Seller”) and Clara Pagan & (“Buyer”) agree as follows:
1 BUYER INFORMATION.
Buyer Name:
Clara Pagan
2164 Day Avenue Paim Bay, Florida 32908
Current Address:
7872269514
Telephone:
claralizpf@gmail.com
Email:
Co-Buyer Name:
Co-Buyer Address:
Co-Buyer Telephone:
Email:
CONVEYANCE. Seller agrees to sel! and Buyer agrees to purchase a single family home and all improvements
thereon (the "Property”), more particularly described as follows:
2178 Soria Ave SW Palm
Property Address:
Bay Ft st
Parcel Id No.:
1502 Veneto w/Solar Panels
Model:
PURCHASE PRICE AND FINANCING. Seller shail sell to Buyer and Buyer shall purchase from Seller the Property
for a purchase price of _Three Hundred Twelve Thousand Nine Hundred Ninety Five
(g. 312995 ) (the “Purchase Price”), which shall be paid in United States Dollars, in cash, subject to
Lt
the financing contingencies below.
CASH PURCHASE. If Buyer is not financing this purchase, Buyer shall pay to Seller the Purchase Price at
Closing. Buyer shall, within 5 days of the Effective Date, provide Seller with documentation demonstrating
to Seller's reasonable satisfaction that Buyer has available funds to purchase the Property, without
financing, according to this Agreement. If Buyer does not provide such information within the allotted time,
Seller may, at its option, terminate this Agreement, in which event Seller shall retain the Earnest Money
Deposit and neither party shall have any further obligation or liability to the other hereunder.
FINANCING CONTINGENCY. Buyer shall use its best efforts to obtain a loan in the principal amount of no
more than 100% of the Purchase Price, to be secured by a first priority mortgage on the Property (the
“Loan”). The proceeds of the Loan, together with the balance of the Purchase Price, shall be paid to Seller
by Buyer in cash or other immediately available funds at Closing.
TIME FOR APPLICATION. Buyer shall apply for the Loan within 7 days of the Effective Date. Failure of
Buyer to apply for the Loan or to provide the lending institution with all necessary documents and
information necessary to evaluate the Loan within this timeframe shall constitute a material breach of
this Agreement by Buyer entitling Seller to retain the Earnest Money Deposit.
ii. NOTICE OF LOAN APPROVAL. Within 30 days of the Effective Date, Buyer shall provide Seller with a
letter from Buyer's lender (the "Loan Commitment”) confirming that the Loan has been approved.
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if Buyer utilizes Sellers preferred lender, the lender shall provide this information to the seller, If Buyer
fails to obtain a Loan Commitment within this timeframe, but has otherwise complied with all
obligations hereunder, then Seller may terminate this Agreement upon written notice to Buyer, in
which event the refundable portion of Earnest Money Deposit shall be refunded to Buyer; at that point
neither party shall have any further liability or obligation to the other hereunder. Conversely, if Buyer
obtains a Loan Commitment but determines not to proceed to Closing for any reason, such action
shall constitute a material breach for which the Seller may retain all Earnest Money Deposits.
BUYER'S BEST EFFORTS. Buyer must use its best efforts to obtain a Loan Commitment and to
maintain the Loan Commitment from the date obtained until the Closing. B Buyer agrees not to take
any action (or fail to act) the consequence of which might adversely affect Buyer's Loan application or
Loan Commitment. In the event Buyer fails to comply with the terms of this Section, then Seller may
declare the Buyer in default and exercise its remedies, including retaining all Earnest Money Deposits.
iv, FINANCIAL INFORMATION. Buyer acknowledges that Buyer's financial situation may affect Buyer's
ability to obtain a loan to purchase this Property. Buyer acknowledges that it is important for the Seller
to know Buyer's financial situation and Buyer's ability to obtain financing. Buyer hereby grants Seller
permission to contact any mortgage company or financial institution to which Buyer may apply for
financing and to discuss Buyer's situation and the prospects of Buyer obtaining financing. Buyer hereby
authorizes any mortgage company or financial institution from which Buyer may seek a loan to discuss
Buyer's financial status with the Seller and to provide the Seller with any documentation or information
regarding said financial status, including, but not limited to, Buyer's credit score.
FINANCING DEADLINES. Buyer acknowledges that there are different loan types and programs
available from various lenders and Buyer is entitled to use a lender of its choice, If, however, the Loan
contains any contingencies, Seller may require those contingencies to be satisfied within 45 days of
the Loan Commitment and Seller, in its absolute discretion, may terminate this Agreement if such
contingencies are not satisfied within this timeframe. In that event, Seller will refund the Earnest Money
Deposit to Buyer and neither party shall be obligated to one another hereunder.
vi FHA/VA FINANCING. If Buyer applies and obtains a commitment for a VA-guaranteed loan or an FHA-
insured loan, then notwithstanding any other provision of this Agreement, Buyer shall not be obligated
to complete the purchase of the Property or to incur any penalty by forfeiture of Earnest Money
Deposits or otherwise unless Buyer has been given in accordance with HUD/FHA or VA requirements
a written statement by the Federal Housing Commissioner, Department of Veterans Affairs or a Direct
Endorsement lender setting forth the appraised value of the property of not less than the Purchase
Price, The Buyer shall have the privilege and option of proceeding with consummation of the contract
without regard to the amount of the appraised valuation. The appraised valuation is arrived at to
determine the maximum mortgage the Department of Housing and Urban Development (“HUD”) will
insure. HUD does not warrant the value or the condition of the Property. Buyer should satisfy itself
that the price and condition of the Property are acceptable.
APPRAISAL. Except as mandated by law or as expressly set forth in a VA/FHA Addendum (if applicable),
the Purchase Price is not conditioned on an appraisal at the same price as the Purchase Price. If the initial
appraisal is below the Purchase Price, Seller reserves the right to require Buyer to execute any forms
required by lender's appraisal rebuttal policy. Buyer's obligation under this Agreement is not conditioned
on the Property appraising at the Purchase Price and if the appraised value is less than the Purchase Price,
Buyer will be required to pay the difference between the Purchase Price and the appraised value.
EARNEST MONEY DEPOSIT. At the time of executing this Agreement, Buyer has paid to Seller an Earnest Money
Deposit of $_100! (the "Earnest Money Deposit”). It is agreed upon that $500 of the Earnest
Money Deposit shall be NON-REFUNDABLE under any circumstance. Unless otherwise disbursed under the
provisions of this Agreement, the full Earnest Money Deposit will be credited to Buyer against Buyer's Closing
Costs at Closing (as defined herein).
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_ Eco Sun HOMES
“Additional Terms
NO ESCROW FOR DEPOSIT. The Earnest Money Deposit will be deposited in Seller's general account upon Seller's
execution of this Agreement. Buyer acknowledges that the Earnest Money Deposit will be commingled with Seller's
other funds and may be used by Seiler for any purpose.
THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL
DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS
RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER. THIS RIGHT IS HEREBY WAIVED BY THE BUYERS BY
INDICATING SO BELOW:
Yes v¥ No
Unless otherwise noted in the contract, Buyer will be permitted to select a lot once Conditional loan approval is
obtained. If Traditional Financing, buyer must choose from one of available lots in seller inventory at the time of
approval. If CTP Financing customer will be responsible for finding their own lot and placing it under contract with
land seller. Buyer will have a credit for land up to any amount over this credit will be added to the
purchase price and the lot deemded part of this purchase contract total price. Any amount deemed in excess of
normal build costs (ie. additional clearing) will be added to the purchase price.
CONSTRUCTION AND ENVIRONMENTAL.
CONSTRUCTION TOLERANCES. Construction of the home on the Property (the "Home”) may be subject to changes in
plans, specifications, materials, fixtures and methods; exact conformity with any design, plan, rendering, or model home
is not guaranteed. Changes in construction may also be necessary due to configuration of the Property lot (for example,
the floor plan may be reversed). Figures regarding size, square footage, and other dimensions of the improvements, which
may have been provided to you, are only estimates; actual construction and specification may vary. By participating in
the Closing, Buyer accepts the Property as constructed, except for repairs required under the terms of the Limited
Warranty.
DESIGN, MODELS, AND DECOR. Buyer acknowledges that any renderings or models have been professionally
designed or decorated to show various ideas to personalize the Property. Items such as furnishings, draperies and
other window treatments, wallpaper, custom carpet, cabinetry, coordinated paint and texture, built-in shelves, beams,
certain lighting fixtures, special ceiling treatments, mirrors, landscaping, lighting and other decorations are for
display purposes only, and are not included in the Purchase Price for the Property. Buyer understands that the
depictions of landscaping for the renderings and models may be greater in density and size than any landscape
package offered by Seller. Certain models may also display hardscape items (such as patio slabs, patio covers,
pools, spas, etc.). The hardscape shown in the renderings and models may not depict what may be constructed on
the Property. All such options and upgrades displayed by the model(s) (including, decorator items, landscaping and
hardscape) are not included in the Purchase Price for the Property; they are included in the renderings and models
for marketing purposes and do not constitute representations, assurances or warranties as to the Property and are
not a part of this Agreement.
SELLER SUBSTITUTIONS OR VARIATIONS. Due to governmental conditions, availability of materials, changes in
product offerings or changes of suppliers, Seller reserves the right to make changes to the Home and/or to make
deviations from the plans or specifications as become necessary in Seller's sole opinion by site, and job, so long as
Seller substitutes materials of equivalent quality and appearance. Determination of equivalency will be in Seller's
sole and absolute discretion. If Seller makes such substitutions, the Purchase Price may be adjusted to reflect such
substitution. Buyer acknowledges that actual “as-built” dimensions may vary slightly from any plan or specification.
INSULATION. Insulation to be installed in the Home will be at least the following standards: (a) exterior walls,
excluding exterior garage walls, to be installed with BATT insulation to a thickness of 3 % inches which will, according
to the manufacturer, yield an R-value of 11; (b) ceilings below attic areas to be insulated with BLOWN insulation to a
thickness of 10 % inches which will, according to the manufacturer, yield an R-value of 30; (c) vaulted ceilings to be
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_ Eco Sun HOMES
insulated wath BATT insulation to a thickness of 9 ¥% inches which will, according to the manufacturer, yield an R-
value of 30; and (d) floor overhangs to be insulated with BATT insulation to a thickness of 6 % inches which will,
according to the manufacturer, yield an R-value of 19.
ENVIRONMENTAL NOTICE/DISCLOSURES. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE
EXISTING OR FUTURE HEALTH HAZARDS, GEOLOGICAL OR ENVIRONMENTAL CONDITIONS, IN, ON, UNDER,
AROUND, OR NEAR THE PROPERTY OR FROM ADJACENT SOURCES, SELLER SPECIFICALLY DISCLAIMS AND
UYER WAIVES ANY CLAIM FOR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE,
OR OTHERWISE, WHICH THE PROPERTY OR ITS INHABITANTS MAY SUFFER BECAUSE OF ANY PRESENT OR
FUTURE ENVIRONMENTAL OR GEOLOGICAL CONDITIONS.
THE PROPERTY AND ITS OCCUPANTS MAY NOW ORIN THE FUTURE BE EXPOSED TO VARIOUS ENVIRONMENTAL
CONDITIONS IN OR NEAR THE HOME (INCLUDING, BUT NOT LIMITED TO, RADON GAS IN THE SOIL,
ELECTROMAGNETIC FIELDS FROM POWER LINES AND APPLIANCES, MOLD, THE PRESENCE OF SURFACE AND
UNDERGROUND UTILITY FACILITIES, AND THE POSSIBILITY OF AIR, WATER AND SOIL POLLUTION). SELLER DOES
NOT CLAIM ANY EXPERTISE CONCERNING SUCH CONDITIONS. SELLER MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, ABOUT SUCH CONDITIONS, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR
ANY TYPE OF DAMAGES THAT SUCH CONDITIONS MIGHT CAUSE TO THE PROPERTY, HOME, OR ITS OCCUPANTS.
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY RECOMMENDS THAT RADON LEVELS BE TESTED IN ALL
HOMES, SO BUYER MAY WISH TO TEST THE HOME AFTER CLOSING FOR ITS SPECIFIC RADON LEVEL. FOR
ADDITIONAL INFORMATION, CONTACT THE LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR OTHER
AVAILABLE SOURCES.
BUYER IMPROVEMENTS. Buyer agrees that it will not make any personal changes or additions to the Property prior
to Closing, including, but not limited to, the installation or addition of any equipment, wiring, appliances, wall
coverings, sprinkler systems or paint. If Buyer violates this provision, Buyer shall be in default of this Agreement and
shall be liable for any and ali damage that such changes, additions or alterations caused, including building code
violations, damage to the Property, and time delays incurred by Seller in removing or correcting the alterations. Seller
shall also have the right to remove and/or correct any changes, additions or alterations made by Buyer or Buyer's
agents and to destroy or dispose thereof without compensation or reimbursement to Buyer and without any liability
to Seller.
SINKHOLES. Sinkholes are a common feature in Florida. You may obtain information regarding sinkholes and other
subterranean events and reported sinkhole occurrences from the Florida Department of Environmental Protection
at www.dep. state. fl. us/geology/geologictopics/sinkhole.
html. Buyer is advised to consult with its insurance agent
concerning the availability of homeowner's insurance for sinkholes.
ADJACENT LANDS. Any statements made by Seller's employees, agents, or representatives concerning the land use
or condition of land near the Property or community and any zoning use information provided by Seller's employees,
agents, or representatives are hereby disclaimed and Buyer agrees that he/she/they is/are not relying on any such
statements. Seller recommends that Buyer investigate the nearby land prior to the execution of this Agreement to
determine if the information, if any, provided by a Seller employee, agent or representative is the most recent and
complete information available. Buyer also acknowledges that the use and condition of land can change. Buyer
represents that priorto the execution of this Agreement, Buyer has investigated the use and condition of such nearby
land with the appropriate owners of such land and the applicable governmental authorities or Buyer has elected, on
Buyer's own accord and determination,to forgo such investigation. Buyer shall not rely on any statements made by
a Seller employee, agent or representative or any zoning or use information provided to Buyer by a Seller employee,
agent or representative as related to adjacent lands.
POWER LINES. Electric power transmission line(s) are situated in or around the Property. It is not known whether or
not there is an increased chance of health risks in humans that are exposed to the electromagnetic fields associated
with electrical transmission facilities. To the extent that there is some risk presentto persons living in houses located
within an area where any electromagnetic field effects are present, Buyer agrees to assume that risk as a condition
to living on the Property, and agrees that Seller shall not be liable for any exposure to, injuries, damages, or other
claims relating to exposure to power lines or other sources of electromagnetic field effects.
HUMIDITY/AIR QUALITY. In areas of high humidity, the inside of a home may experience a number of symptoms,
such as excessive condensation on windows, under sinks and other closed spaces. This is a normal occurrence:
Seller does not warrant any damage caused by excessive humidity in the air. In addition, air quality inside a home is
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affected by lifestyle options such as cooking, candle-burning, and the way in which fireplaces and HVAC systems
are used and maintained. There is also a trade-off between increased insulation and air circulation and quality in a
home. Buyer is responsible for maintenance of air quality in the Home.
TERMITES. At the time of Closing, Seller shall provide Buyer with a letter or a soil treatment report from a pest-
contro! company licensed in Florida certifying that the Property has been treated within 1 year of the date of Closing
for subterranean termite infestation. If required by Buyer's lender, Buyer may obtain, at Buyer's expense, a wood-
destroying organism inspection report performed by a pest-inspection company licensed in Florida.
RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health department.
SURVEY. At Closing, Seller shall provide Buyer with a survey of the Property performed by an independent, licensed
surveyor, showing all improvements located thereon as of the date of the survey. The survey shall be suitable for
use by Buyer in obtaining title insurance for the Property without exception for matters that would be shown or
revealed by a current survey of the Property. At Closing, Buyer shall reimburse Seller for the cost of the survey, not
to exceed Four Hundred Dollars ($400.00), for obtaining and providing the survey. Seller makes no warranty or
representation whatsoever regarding the quality, accuracy or reliability of the survey. Seller makes no warranty or
representation whatsoever regarding any matter that would be shown or revealed by an accurate survey of the
Property. Buyer acknowledges that the Property 1 is 1 is not located in a one hundred year flood plain as defined by
HUD.
TITLE AND POSSESSION, Seller shall convey insurable fee simple title to the Property to Buyer at Closing by special
warranty deed (the “Deed”) subject to: (a) zoning ordinances affecting the Property; (b) utility, drainage and other
easements of record upon which the residence does not encroach; (c) covenants, conditions, restrictions and
easements of record; (d) all matters shown on the final plat for the subdivision where the Property is located, if
located in a subdivision; (e) any prior conveyances and/or reservations, by any party other than Seller, of any rights,
titles or interests to any oil, gas, water, petroleum, natural gas, coai, lignite or other minerals and hydrocarbons, or
any geothermal energy and resources, located in whole or in part on, in or under the Property and/or that may be
produced or extracted from the Property; and (f) any matters that would be shown or revealed by a current survey of
‘the Property. “Insurable title” shall mean title which a title insurance company licensed to do business in Florida will
insure at its regular rates, subject only to its standard exceptions and those exceptions listed in subsections (a)
through (e) above.
TITLE EXAMINATION. Buyer shall have until 30 days prior to the Closing Date to examine title to the Property and to
furnish Seller with a written statement of any exceptions to insurable title. If Buyer does not serve Seller with a notice
of exception to insurable title prior to that date, Buyer shall have waived any objection to title to the Property as it
existed as of the Effective Date. If Buyer does serve such notice on Seller priorto that date, the notice shall specify
and itemize the exceptions to insurable title. If Seller does not remove any exceptions to insurable title within a
reasonable time, Buyer shall have the right at any time priorto Closing, at its sole and exclusive remedy, to terminate
this Agreement and to receive a refund of the Earnest Money Deposit paid to Seller. Under no circumstances shall
Seller be obligated or required to remove or cure any exception to title to the Property that exists of record as of the
Effective Date.
RISK OF LOSS. If the Home is either totally destroyed or substantially damaged (as determined by Seller in its sole
discretion) before Closing, either party may terminate this Agreement by written notice to the other within 10 days
of the date of such destruction. Prior to Closing, all risk of loss to the Property shall be upon Seller. After Closing,
all risk of loss to the Property shall be upon Buyer.
ZERO ENERGY DESIGNATION DISCLOSURE. Buyer hereby acknowledges and agrees that the term “Zero Energy
Ready” is an industry term which has been defined by the Department of Energy as “an energy efficient building
where, on a source energy basis, the actual annual delivered energy is less than or equal to the on-site renewable
exported energy.” This is the criteria for the base calculations upon which certifications are obtained, including
certifications relating to the Home being purchased hereunder. However, Buyer further acknowledges that these
calculations are based upon models which are subject to variance.
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_ Eco Sun HOMES
Many factors can affect the actual performance including, without limitation, usage, temperature settings, additions
and upgrades, climate control, abnormal usage of doors, windows, and electronic and other equipment. Therefore,
Buyer acknowledges that, although Zero Energy Ready is achievable under the calculations for the Home being
purchased, there is no guarantee of the specific energy performance and Seller shall not be liable for any actual
energy performance which deviates from the model.
10. WARRANTIES AND DISCLAIMERS.
WARRANTY. Buyer acknowledges it received and had the opportunity to review the 10-year limited warranty on the
Home administered by 2-10 Home Buyers Warranty (“Limited Warranty”) prior to executing this Agreement. Buyer
agrees to the terms and conditions of the Limited Warranty, all of which are incorporated herein by reference.
MANUFACTURER WARRANTIES. At Closing, Seller shall assign to Buyer all warranties, expressed or implied, which
are given by the manufacturer of any appliance or product installed in the Home.
LIMITATION OF LIABILITY, THE LIMITED WARRANTY GIVEN TO BUYER BY SELLER IS TO THE EXCLUSION OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY DISCLAIMS ANY AND ALL SUCH OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SELLER MAKES NO
REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE PAST, PRESENT OR FUTURE CONDITION OR
USE OF ANY LANDS OR AREAS SURROUNDING THE PROPERTY OR IN THE VICINITY OF THE PROPERTY. AFTER
CLOSING, SELLER SHALL HAVE NO LIABILITY OR OBLIGATION TO BUYER OF ANY NATURE WHATSOEVER
EXCEPT AS PROVIDED IN THIS SECTION 10 OF THIS AGREEMENT AND IN SELLER'S DEED TO BUYER. SELLER
SHALL NOT BE LIABLE FOR ANY REASON, UNDER ANY CIRCUMSTANCES, TO BUYER OR ANYONE CLAIMING
THROUGH BUYER FOR MONETARY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL, SECONDARY,
CONSEQUENTIAL, PUNITIVE, GENERAL, SPECIAL, OR INDIRECT DAMAGES.
BUYER'S MAINTENANCE OBLIGATIONS. Even though the Home is warranted against defects as set forth herein,
Buyer understands and acknowledges that SELLER DOES NOT MAINTAIN THE HOME AFTER CLOSING. Buyer
agrees that it is Buyer's sole responsibility to perform routine general maintenance and upkeep on the Home. Buyer's
failure to maintain the Property will impact Buyer's rights and coverage under such Limited Warranty.
SUBROGATION. Buyer understands that any warranty is nota liability or any other type of insurance policy, including
a homeowner's insurance policy, which typically provides coverage for certain property damages and casualty
losses. If Buyer receives from an insurance company or any other party payment or repairs relating to or arising from
a construction defect or the Property, then to the fullest extent permitted by law, Buyer hereby waives for itself and
on behalf of anyone acquiring rights through Buyer, including, but not limited to, any insurance company or other
party, all subrogation and other claims against Seller for such payments or repairs received by Buyer.
11 INSPECTIONS. When safety conditions permit, Seller may permit Buyer to view construction of the Property
premises. Buyer understands that a construction site can be a dangerous place. Buyer or Buyer's visitors are not
allowed to visit the construction site without permission and without a representative of Seller. Hard hats and closed
toe shoes are required while visiting areas under construction. Buyer acknowledges that any entryto a construction
site is at Buyer's own risk and Buyer waives the right to make claims against Seller for any personal injury or property
damage that Buyer, Buyer's guests, and/or minor children might incur. Buyer agrees to indemnify and hold Seller
harmless from and against any and all personal injuries, property damage, or any other claim or injury incurred by
Buyer, or Buyer's visitors on the Property, or on any construction site at any and all times before and after Closing. If
Buyer fails to comply with the terms of this provision, Buyer will be in breach of this Agreement.
In the event any inspection by Buyer or its agents or contractors reveals a purported defect in the Property, Buyer
shall provide Seller with written notice of the claim of defect and, if a professional home inspection was performed,
a true and complete copy of any report produced by the home inspector. If Seller determines the claim of defect is
valid, Seller shall correct or repair the defect. If Seller determines the claim of defect is not valid, Seller shall notify
the Buyer of that determination within 30 days of receipt of the written notice of claim of defect and Buyer shall
proceed to Closing. Notwithstanding any other provision herein, Seller shall not be required to correct or repair any
defect in construction that does not constitute a violation of: (a) the building code of the governing jurisdiction in
which the Property is located; or (b) the building guidelines and standards used by Seller in its absolute sole
discretion.
Initials C
Filing 1990837496 % 1 VS C-BC
Bigs *"Co- Buyer
“AEcoSun HOMES
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12, PRE-CLOSING INSPECTION AND ORIENTATION. Buyer shall have an opportunity to conduct a pre-closing
orientation (the “Pre-Closing Orientation”), which will be scheduled by Seller prior to Closing. Seller will make a
reasonable effort to accommodate Buyer's schedule for such orientation, but Closing will not be delayed if Buyer is
unable to participate in the Pre-Closing Orientation. The Pre-Closing Orientation will determine any items to
complete, repair or replace, which are commonly known as “Punch List” items. It is Seller's goal to have all Punch
List items completed and signed off on before Closing. THE EXISTENCE OR INCOMPLETENESS OF SUCH PUNCH
LIST ITEMS PRIOR TO CLOSING SHALL NOT ENTITLE BUYER TO CANCEL THIS AGREEMENT, DELAY CLOSING, OR
WITHHOLD FUNDS AT CLOSING. After Closing, Seller will repair or complete any Punch List items, if any, that were
not completed priorto Closing, as soon as reasonably practical, considering weather and other factors. Buyer agrees
to provide Seller access to the Home during normal working hours, to allow Seller to address Punch List items.
Buyer's failure to provide such access and/or Buyer's refusal to allow Seller to repair/replace any Punch List item
according to the method selected by Seller will relieve Seller from any and all obligations to Buyer under this
Agreement regarding such Punch List items.
13, CLOSING. The closing of this transaction shall occur when the Purchase Price is exchanged for the Deed and
possession of the Property (the “Closing”). The date on which this exchange occurs is referred to herein as the
“Closing Date.” Closing shall not be complete until Seller has received the full Purchase Price.
a. CLOSING DATE. The Closing Date shall be (as checked below):
On or before ; or ¥ Seller shall give Buyer 5 business days’ verbal or
written notice of the expected Closing Date Seller selects for the Closing.
EXCHANGE AT CLOSING. At Closing, Seller shall deliver to Buyer the Deed for the Property, possession of the
Property, a Certificate of Occupancy for the Home issued by the applicable governmental authority, and, if applicable,
a certificate of final approval by VA or FHA. At Closing, Buyer shall pay to Seller the Purchase Price in full.
CLOSING/ESCROW INSTRUCTIONS. Delivery and acceptance of a fully executed copy of this Agreement shall
confirm the selection of the qualified title company, law firm, or independent escrow company to perform the Closing
(the “Closing Agent”). The Closing Agent shall be named on an Addendum to this Agreement.
CLOSING COSTS.
i, Buyer. Buyer is responsible for payment, at or before Closing, of (i) all title search expenses; (ii) half of
Closing Agent's fees and charges levied by Closing Agent in connection with this transactiot ii) all costs
of the Loan or any other financing, including, but not limited to, all application fees, origination points,
discount points, credit reports, prepaid interest, lender's title insurance policy and endorsements thereto,
insurance premiums, costs of appraisal, and underwriting fees; (iv) the cost of the final property survey; (v)
Buyer's share of the real estate taxes including any Special Taxing Districts if applicable, and Municipal
Services Fees and/or Public Service Fees, if any, for the year in which the transaction is closed, prorated
Preview
Filing # 199052749 E-Filed 05/23/2024 01:00:32 PM IN THE SMALL CLAIMS COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA ECOSUN HOMES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, Plaintiff CASE NO: Vv. CLARA LIZ PAGAN FERNANDEZ, Defendant(s), STATEMENT OF CLAIM Plaintiff, ECOSUN HOMES, LLC (“EcoSun”), files this Complaint against the Defendant, CLARA LIZ PAGAN FERNANDEZ (“Defendant”), and alleges: PARTIES, JURISDICTION AND VENUE 1 EcoSun is a Florida limited liability company who conducts business in Brevard County, Florida. 2 Defendant is a resident of Brevard County, Florida. 3 This Court has subject matter jurisdiction as the amount in controversy does not exceed $8,000.00, exclusive of interest, fees, and costs. 4 Venue is proper as the claims arose within this Court’s geographical territory and because the real property that is the subject of this proceeding is located in Brevard County, Florida. GENERAL ALLEGATIONS 5 On February 25, 2023, Defendant executed a Purchase and Sale Agreement (the “Agreement”) wherein Defendant agreed to purchase, and EcoSun agreed to sell, a single-family home located at 2178 Soria Ave. SW, Palm Bay, FL 32908 (the “Subject Property”) for $312,995.00. See Filing 199052749 VS 05-2024-SC-030100-XXSC-BC EcoSun Homes Purchase and Sale Agreement, attached hereto as EXHIBIT “A.” Thereafter, the purchase price for the Subject Property was increased to $335,995.00. Defendant executed a Change Order Addendum accepting same. See EcoSun Homes Change Order Addendum, attached hereto as EXHIBIT “B.” 6. Pursuant to the Agreement, Defendant was required to obtain a Loan Commitment within thirty (30) days of February 27, 2023—the Effective Date of the Agreement. See The Agreement at 3b. ii. 7 Initially, Defendant pre-qualified for a mortgage loan with EcoSun’s preferred lender for the purchase of the Subject Property. However, due to the actions of Defendant’s co-signor, Defendant’s loan application approval was adversely affected, and Defendant was required to seek approval for a mortgage loan from an outside lender. 8 Ultimately, on March 22, 2024, Defendant requested EcoSun grant her additional time to pursue financing for a mortgage loan from an alternative lender to purchase the Subject Property. Defendant also requested EcoSun withhold listing the Subject Property for sale during this time. 9 Although EcoSun has been ready, willing, and able to close on the Subject Property since the end of March 2024, EcoSun agreed to permit Defendant additional time to pursue financing and refrain from listing the Subject Property for sale. 10. On April 10, 2024, EcoSun received confirmation from Defendant’s outside lender that Defendant was approved for a mortgage loan and closing could occur by month’s end. 11. To assist Defendant in the purchase of the home, and complete the sale of the Subject Property, EcoSun offered to contribute additional closing funds, via a “seller closing credit,” to Defendant. This offer was extended to Defendant despite the fact that closing credit incentives were only offered to buyers utilizing EcoSun’s preferred lender. Filing 199052749 VS 05-2024-SC-030100-XXSC-BC 12. As of May 9, 2024, the loan was in underwriting and anticipated to close on May 15, 2024 or May 16, 2024. 13. However, Defendant sent a “Notice of Cancellation” to EcoSun unilaterally cancelling the Agreement without cause less than a week before closing. 14. Despite EcoSun’s numerous good faith attempts to accommodate Defendant—extending Defendant more time to obtain financing, refraining from listing the Subject Property on the market, and contributing closing funds; Defendant refuses to close. COUNT I: BREACH OF CONTRACT. 15. EcoSun incorporates herein by reference, as though fully set forth here, the allegations in paragraphs 1 through 16 of this Complaint. 16. EcoSun and Defendant entered into a valid, binding, and enforceable contract whereby Defendant agreed to buy, and EcoSun agreed to sell, the Subject Property. 17. EcoSun performed its contracted-for obligations. 18. However, Defendant failed to fulfil her obligations under the Agreement with EcoSun by refusing to complete the loan closing. 19, Pursuant to Section 13(f) of the Agreement, Defendant’s Failure to Close constitutes a material breach of the Agreement. 20. At all material times, EcoSun has been ready, willing, and able to close on the Subject Property. 21. Defendant’s failure to pay under the contract has resulted in damages to EcoSun. Filing 199052749 VS 05-2024-SC-030100-XXSC-BC WHEREFORE, ECOSUN HOMES, LLC requests that this Court find in its favor as against CLARA LIZ PAGAN FERNANDEZ, and award all damages, interest, costs, attorneys’ fees, and all other relief deemed just and proper. BITMAN O’BRIEN & MORAT, PLLC /s/David L. Mackey David L. Mackey, Esquire Florida Bar No.: 1049807 dmackey@bitman-law.com njagdeo@bitman-law.com Pamela Patterson, Esquire Florida Bar No.: 1018682 ppatterson@bitman-law.com acrown@bitman-law.com 615 Crescent Executive Ct., Suite 212 Lake Mary, Florida 32746 Telephone: (407) 815-3110 Facsimile: (407) 815-2511 Attorney for Plaintiff Filing 199052749 VS 05-2024-SC-030100-XXSC-BC _ Eco Sun HOMES ECOSUN HOMES PURCHASE AND SALE AGREEMENT IN CONSIDERATION of the covenants stated herein, ECOSUN HOMES, LLC, a Florida foreign limited liability company (“Seller”) and Clara Pagan & (“Buyer”) agree as follows: 1 BUYER INFORMATION. Buyer Name: Clara Pagan 2164 Day Avenue Paim Bay, Florida 32908 Current Address: 7872269514 Telephone: claralizpf@gmail.com Email: Co-Buyer Name: Co-Buyer Address: Co-Buyer Telephone: Email: CONVEYANCE. Seller agrees to sel! and Buyer agrees to purchase a single family home and all improvements thereon (the "Property”), more particularly described as follows: 2178 Soria Ave SW Palm Property Address: Bay Ft st Parcel Id No.: 1502 Veneto w/Solar Panels Model: PURCHASE PRICE AND FINANCING. Seller shail sell to Buyer and Buyer shall purchase from Seller the Property for a purchase price of _Three Hundred Twelve Thousand Nine Hundred Ninety Five (g. 312995 ) (the “Purchase Price”), which shall be paid in United States Dollars, in cash, subject to Lt the financing contingencies below. CASH PURCHASE. If Buyer is not financing this purchase, Buyer shall pay to Seller the Purchase Price at Closing. Buyer shall, within 5 days of the Effective Date, provide Seller with documentation demonstrating to Seller's reasonable satisfaction that Buyer has available funds to purchase the Property, without financing, according to this Agreement. If Buyer does not provide such information within the allotted time, Seller may, at its option, terminate this Agreement, in which event Seller shall retain the Earnest Money Deposit and neither party shall have any further obligation or liability to the other hereunder. FINANCING CONTINGENCY. Buyer shall use its best efforts to obtain a loan in the principal amount of no more than 100% of the Purchase Price, to be secured by a first priority mortgage on the Property (the “Loan”). The proceeds of the Loan, together with the balance of the Purchase Price, shall be paid to Seller by Buyer in cash or other immediately available funds at Closing. TIME FOR APPLICATION. Buyer shall apply for the Loan within 7 days of the Effective Date. Failure of Buyer to apply for the Loan or to provide the lending institution with all necessary documents and information necessary to evaluate the Loan within this timeframe shall constitute a material breach of this Agreement by Buyer entitling Seller to retain the Earnest Money Deposit. ii. NOTICE OF LOAN APPROVAL. Within 30 days of the Effective Date, Buyer shall provide Seller with a letter from Buyer's lender (the "Loan Commitment”) confirming that the Loan has been approved. Initials C Filing 19908374 | f 1 VS Exhibit "A" C-BC Bigs *"Co- Buyer “AEcoSun HOMES oe if Buyer utilizes Sellers preferred lender, the lender shall provide this information to the seller, If Buyer fails to obtain a Loan Commitment within this timeframe, but has otherwise complied with all obligations hereunder, then Seller may terminate this Agreement upon written notice to Buyer, in which event the refundable portion of Earnest Money Deposit shall be refunded to Buyer; at that point neither party shall have any further liability or obligation to the other hereunder. Conversely, if Buyer obtains a Loan Commitment but determines not to proceed to Closing for any reason, such action shall constitute a material breach for which the Seller may retain all Earnest Money Deposits. BUYER'S BEST EFFORTS. Buyer must use its best efforts to obtain a Loan Commitment and to maintain the Loan Commitment from the date obtained until the Closing. B Buyer agrees not to take any action (or fail to act) the consequence of which might adversely affect Buyer's Loan application or Loan Commitment. In the event Buyer fails to comply with the terms of this Section, then Seller may declare the Buyer in default and exercise its remedies, including retaining all Earnest Money Deposits. iv, FINANCIAL INFORMATION. Buyer acknowledges that Buyer's financial situation may affect Buyer's ability to obtain a loan to purchase this Property. Buyer acknowledges that it is important for the Seller to know Buyer's financial situation and Buyer's ability to obtain financing. Buyer hereby grants Seller permission to contact any mortgage company or financial institution to which Buyer may apply for financing and to discuss Buyer's situation and the prospects of Buyer obtaining financing. Buyer hereby authorizes any mortgage company or financial institution from which Buyer may seek a loan to discuss Buyer's financial status with the Seller and to provide the Seller with any documentation or information regarding said financial status, including, but not limited to, Buyer's credit score. FINANCING DEADLINES. Buyer acknowledges that there are different loan types and programs available from various lenders and Buyer is entitled to use a lender of its choice, If, however, the Loan contains any contingencies, Seller may require those contingencies to be satisfied within 45 days of the Loan Commitment and Seller, in its absolute discretion, may terminate this Agreement if such contingencies are not satisfied within this timeframe. In that event, Seller will refund the Earnest Money Deposit to Buyer and neither party shall be obligated to one another hereunder. vi FHA/VA FINANCING. If Buyer applies and obtains a commitment for a VA-guaranteed loan or an FHA- insured loan, then notwithstanding any other provision of this Agreement, Buyer shall not be obligated to complete the purchase of the Property or to incur any penalty by forfeiture of Earnest Money Deposits or otherwise unless Buyer has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Department of Veterans Affairs or a Direct Endorsement lender setting forth the appraised value of the property of not less than the Purchase Price, The Buyer shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development (“HUD”) will insure. HUD does not warrant the value or the condition of the Property. Buyer should satisfy itself that the price and condition of the Property are acceptable. APPRAISAL. Except as mandated by law or as expressly set forth in a VA/FHA Addendum (if applicable), the Purchase Price is not conditioned on an appraisal at the same price as the Purchase Price. If the initial appraisal is below the Purchase Price, Seller reserves the right to require Buyer to execute any forms required by lender's appraisal rebuttal policy. Buyer's obligation under this Agreement is not conditioned on the Property appraising at the Purchase Price and if the appraised value is less than the Purchase Price, Buyer will be required to pay the difference between the Purchase Price and the appraised value. EARNEST MONEY DEPOSIT. At the time of executing this Agreement, Buyer has paid to Seller an Earnest Money Deposit of $_100! (the "Earnest Money Deposit”). It is agreed upon that $500 of the Earnest Money Deposit shall be NON-REFUNDABLE under any circumstance. Unless otherwise disbursed under the provisions of this Agreement, the full Earnest Money Deposit will be credited to Buyer against Buyer's Closing Costs at Closing (as defined herein). Initials C Filing 1900839492 1 VS C-BC Bigs *"Co- Buyer _ Eco Sun HOMES “Additional Terms NO ESCROW FOR DEPOSIT. The Earnest Money Deposit will be deposited in Seller's general account upon Seller's execution of this Agreement. Buyer acknowledges that the Earnest Money Deposit will be commingled with Seller's other funds and may be used by Seiler for any purpose. THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER. THIS RIGHT IS HEREBY WAIVED BY THE BUYERS BY INDICATING SO BELOW: Yes v¥ No Unless otherwise noted in the contract, Buyer will be permitted to select a lot once Conditional loan approval is obtained. If Traditional Financing, buyer must choose from one of available lots in seller inventory at the time of approval. If CTP Financing customer will be responsible for finding their own lot and placing it under contract with land seller. Buyer will have a credit for land up to any amount over this credit will be added to the purchase price and the lot deemded part of this purchase contract total price. Any amount deemed in excess of normal build costs (ie. additional clearing) will be added to the purchase price. CONSTRUCTION AND ENVIRONMENTAL. CONSTRUCTION TOLERANCES. Construction of the home on the Property (the "Home”) may be subject to changes in plans, specifications, materials, fixtures and methods; exact conformity with any design, plan, rendering, or model home is not guaranteed. Changes in construction may also be necessary due to configuration of the Property lot (for example, the floor plan may be reversed). Figures regarding size, square footage, and other dimensions of the improvements, which may have been provided to you, are only estimates; actual construction and specification may vary. By participating in the Closing, Buyer accepts the Property as constructed, except for repairs required under the terms of the Limited Warranty. DESIGN, MODELS, AND DECOR. Buyer acknowledges that any renderings or models have been professionally designed or decorated to show various ideas to personalize the Property. Items such as furnishings, draperies and other window treatments, wallpaper, custom carpet, cabinetry, coordinated paint and texture, built-in shelves, beams, certain lighting fixtures, special ceiling treatments, mirrors, landscaping, lighting and other decorations are for display purposes only, and are not included in the Purchase Price for the Property. Buyer understands that the depictions of landscaping for the renderings and models may be greater in density and size than any landscape package offered by Seller. Certain models may also display hardscape items (such as patio slabs, patio covers, pools, spas, etc.). The hardscape shown in the renderings and models may not depict what may be constructed on the Property. All such options and upgrades displayed by the model(s) (including, decorator items, landscaping and hardscape) are not included in the Purchase Price for the Property; they are included in the renderings and models for marketing purposes and do not constitute representations, assurances or warranties as to the Property and are not a part of this Agreement. SELLER SUBSTITUTIONS OR VARIATIONS. Due to governmental conditions, availability of materials, changes in product offerings or changes of suppliers, Seller reserves the right to make changes to the Home and/or to make deviations from the plans or specifications as become necessary in Seller's sole opinion by site, and job, so long as Seller substitutes materials of equivalent quality and appearance. Determination of equivalency will be in Seller's sole and absolute discretion. If Seller makes such substitutions, the Purchase Price may be adjusted to reflect such substitution. Buyer acknowledges that actual “as-built” dimensions may vary slightly from any plan or specification. INSULATION. Insulation to be installed in the Home will be at least the following standards: (a) exterior walls, excluding exterior garage walls, to be installed with BATT insulation to a thickness of 3 % inches which will, according to the manufacturer, yield an R-value of 11; (b) ceilings below attic areas to be insulated with BLOWN insulation to a thickness of 10 % inches which will, according to the manufacturer, yield an R-value of 30; (c) vaulted ceilings to be Filing 199083749? °F 1 VS Initials C C-BC Bigs *"Co- Buyer _ Eco Sun HOMES insulated wath BATT insulation to a thickness of 9 ¥% inches which will, according to the manufacturer, yield an R- value of 30; and (d) floor overhangs to be insulated with BATT insulation to a thickness of 6 % inches which will, according to the manufacturer, yield an R-value of 19. ENVIRONMENTAL NOTICE/DISCLOSURES. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE EXISTING OR FUTURE HEALTH HAZARDS, GEOLOGICAL OR ENVIRONMENTAL CONDITIONS, IN, ON, UNDER, AROUND, OR NEAR THE PROPERTY OR FROM ADJACENT SOURCES, SELLER SPECIFICALLY DISCLAIMS AND UYER WAIVES ANY CLAIM FOR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHERWISE, WHICH THE PROPERTY OR ITS INHABITANTS MAY SUFFER BECAUSE OF ANY PRESENT OR FUTURE ENVIRONMENTAL OR GEOLOGICAL CONDITIONS. THE PROPERTY AND ITS OCCUPANTS MAY NOW ORIN THE FUTURE BE EXPOSED TO VARIOUS ENVIRONMENTAL CONDITIONS IN OR NEAR THE HOME (INCLUDING, BUT NOT LIMITED TO, RADON GAS IN THE SOIL, ELECTROMAGNETIC FIELDS FROM POWER LINES AND APPLIANCES, MOLD, THE PRESENCE OF SURFACE AND UNDERGROUND UTILITY FACILITIES, AND THE POSSIBILITY OF AIR, WATER AND SOIL POLLUTION). SELLER DOES NOT CLAIM ANY EXPERTISE CONCERNING SUCH CONDITIONS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT SUCH CONDITIONS, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY TYPE OF DAMAGES THAT SUCH CONDITIONS MIGHT CAUSE TO THE PROPERTY, HOME, OR ITS OCCUPANTS. THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY RECOMMENDS THAT RADON LEVELS BE TESTED IN ALL HOMES, SO BUYER MAY WISH TO TEST THE HOME AFTER CLOSING FOR ITS SPECIFIC RADON LEVEL. FOR ADDITIONAL INFORMATION, CONTACT THE LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR OTHER AVAILABLE SOURCES. BUYER IMPROVEMENTS. Buyer agrees that it will not make any personal changes or additions to the Property prior to Closing, including, but not limited to, the installation or addition of any equipment, wiring, appliances, wall coverings, sprinkler systems or paint. If Buyer violates this provision, Buyer shall be in default of this Agreement and shall be liable for any and ali damage that such changes, additions or alterations caused, including building code violations, damage to the Property, and time delays incurred by Seller in removing or correcting the alterations. Seller shall also have the right to remove and/or correct any changes, additions or alterations made by Buyer or Buyer's agents and to destroy or dispose thereof without compensation or reimbursement to Buyer and without any liability to Seller. SINKHOLES. Sinkholes are a common feature in Florida. You may obtain information regarding sinkholes and other subterranean events and reported sinkhole occurrences from the Florida Department of Environmental Protection at www.dep. state. fl. us/geology/geologictopics/sinkhole. html. Buyer is advised to consult with its insurance agent concerning the availability of homeowner's insurance for sinkholes. ADJACENT LANDS. Any statements made by Seller's employees, agents, or representatives concerning the land use or condition of land near the Property or community and any zoning use information provided by Seller's employees, agents, or representatives are hereby disclaimed and Buyer agrees that he/she/they is/are not relying on any such statements. Seller recommends that Buyer investigate the nearby land prior to the execution of this Agreement to determine if the information, if any, provided by a Seller employee, agent or representative is the most recent and complete information available. Buyer also acknowledges that the use and condition of land can change. Buyer represents that priorto the execution of this Agreement, Buyer has investigated the use and condition of such nearby land with the appropriate owners of such land and the applicable governmental authorities or Buyer has elected, on Buyer's own accord and determination,to forgo such investigation. Buyer shall not rely on any statements made by a Seller employee, agent or representative or any zoning or use information provided to Buyer by a Seller employee, agent or representative as related to adjacent lands. POWER LINES. Electric power transmission line(s) are situated in or around the Property. It is not known whether or not there is an increased chance of health risks in humans that are exposed to the electromagnetic fields associated with electrical transmission facilities. To the extent that there is some risk presentto persons living in houses located within an area where any electromagnetic field effects are present, Buyer agrees to assume that risk as a condition to living on the Property, and agrees that Seller shall not be liable for any exposure to, injuries, damages, or other claims relating to exposure to power lines or other sources of electromagnetic field effects. HUMIDITY/AIR QUALITY. In areas of high humidity, the inside of a home may experience a number of symptoms, such as excessive condensation on windows, under sinks and other closed spaces. This is a normal occurrence: Seller does not warrant any damage caused by excessive humidity in the air. In addition, air quality inside a home is Initials C Filing 1900837494 °F 1 VS C-BC Bigs *"Co- Buyer “AEcoSun HOMES oe affected by lifestyle options such as cooking, candle-burning, and the way in which fireplaces and HVAC systems are used and maintained. There is also a trade-off between increased insulation and air circulation and quality in a home. Buyer is responsible for maintenance of air quality in the Home. TERMITES. At the time of Closing, Seller shall provide Buyer with a letter or a soil treatment report from a pest- contro! company licensed in Florida certifying that the Property has been treated within 1 year of the date of Closing for subterranean termite infestation. If required by Buyer's lender, Buyer may obtain, at Buyer's expense, a wood- destroying organism inspection report performed by a pest-inspection company licensed in Florida. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. SURVEY. At Closing, Seller shall provide Buyer with a survey of the Property performed by an independent, licensed surveyor, showing all improvements located thereon as of the date of the survey. The survey shall be suitable for use by Buyer in obtaining title insurance for the Property without exception for matters that would be shown or revealed by a current survey of the Property. At Closing, Buyer shall reimburse Seller for the cost of the survey, not to exceed Four Hundred Dollars ($400.00), for obtaining and providing the survey. Seller makes no warranty or representation whatsoever regarding the quality, accuracy or reliability of the survey. Seller makes no warranty or representation whatsoever regarding any matter that would be shown or revealed by an accurate survey of the Property. Buyer acknowledges that the Property 1 is 1 is not located in a one hundred year flood plain as defined by HUD. TITLE AND POSSESSION, Seller shall convey insurable fee simple title to the Property to Buyer at Closing by special warranty deed (the “Deed”) subject to: (a) zoning ordinances affecting the Property; (b) utility, drainage and other easements of record upon which the residence does not encroach; (c) covenants, conditions, restrictions and easements of record; (d) all matters shown on the final plat for the subdivision where the Property is located, if located in a subdivision; (e) any prior conveyances and/or reservations, by any party other than Seller, of any rights, titles or interests to any oil, gas, water, petroleum, natural gas, coai, lignite or other minerals and hydrocarbons, or any geothermal energy and resources, located in whole or in part on, in or under the Property and/or that may be produced or extracted from the Property; and (f) any matters that would be shown or revealed by a current survey of ‘the Property. “Insurable title” shall mean title which a title insurance company licensed to do business in Florida will insure at its regular rates, subject only to its standard exceptions and those exceptions listed in subsections (a) through (e) above. TITLE EXAMINATION. Buyer shall have until 30 days prior to the Closing Date to examine title to the Property and to furnish Seller with a written statement of any exceptions to insurable title. If Buyer does not serve Seller with a notice of exception to insurable title prior to that date, Buyer shall have waived any objection to title to the Property as it existed as of the Effective Date. If Buyer does serve such notice on Seller priorto that date, the notice shall specify and itemize the exceptions to insurable title. If Seller does not remove any exceptions to insurable title within a reasonable time, Buyer shall have the right at any time priorto Closing, at its sole and exclusive remedy, to terminate this Agreement and to receive a refund of the Earnest Money Deposit paid to Seller. Under no circumstances shall Seller be obligated or required to remove or cure any exception to title to the Property that exists of record as of the Effective Date. RISK OF LOSS. If the Home is either totally destroyed or substantially damaged (as determined by Seller in its sole discretion) before Closing, either party may terminate this Agreement by written notice to the other within 10 days of the date of such destruction. Prior to Closing, all risk of loss to the Property shall be upon Seller. After Closing, all risk of loss to the Property shall be upon Buyer. ZERO ENERGY DESIGNATION DISCLOSURE. Buyer hereby acknowledges and agrees that the term “Zero Energy Ready” is an industry term which has been defined by the Department of Energy as “an energy efficient building where, on a source energy basis, the actual annual delivered energy is less than or equal to the on-site renewable exported energy.” This is the criteria for the base calculations upon which certifications are obtained, including certifications relating to the Home being purchased hereunder. However, Buyer further acknowledges that these calculations are based upon models which are subject to variance. Initials C Filing 1990d3749° % 1 VS C-BC Bigs *"Co- Buyer _ Eco Sun HOMES Many factors can affect the actual performance including, without limitation, usage, temperature settings, additions and upgrades, climate control, abnormal usage of doors, windows, and electronic and other equipment. Therefore, Buyer acknowledges that, although Zero Energy Ready is achievable under the calculations for the Home being purchased, there is no guarantee of the specific energy performance and Seller shall not be liable for any actual energy performance which deviates from the model. 10. WARRANTIES AND DISCLAIMERS. WARRANTY. Buyer acknowledges it received and had the opportunity to review the 10-year limited warranty on the Home administered by 2-10 Home Buyers Warranty (“Limited Warranty”) prior to executing this Agreement. Buyer agrees to the terms and conditions of the Limited Warranty, all of which are incorporated herein by reference. MANUFACTURER WARRANTIES. At Closing, Seller shall assign to Buyer all warranties, expressed or implied, which are given by the manufacturer of any appliance or product installed in the Home. LIMITATION OF LIABILITY, THE LIMITED WARRANTY GIVEN TO BUYER BY SELLER IS TO THE EXCLUSION OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY DISCLAIMS ANY AND ALL SUCH OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE PAST, PRESENT OR FUTURE CONDITION OR USE OF ANY LANDS OR AREAS SURROUNDING THE PROPERTY OR IN THE VICINITY OF THE PROPERTY. AFTER CLOSING, SELLER SHALL HAVE NO LIABILITY OR OBLIGATION TO BUYER OF ANY NATURE WHATSOEVER EXCEPT AS PROVIDED IN THIS SECTION 10 OF THIS AGREEMENT AND IN SELLER'S DEED TO BUYER. SELLER SHALL NOT BE LIABLE FOR ANY REASON, UNDER ANY CIRCUMSTANCES, TO BUYER OR ANYONE CLAIMING THROUGH BUYER FOR MONETARY DAMAGES OF ANY KIND, INCLUDING INCIDENTAL, SECONDARY, CONSEQUENTIAL, PUNITIVE, GENERAL, SPECIAL, OR INDIRECT DAMAGES. BUYER'S MAINTENANCE OBLIGATIONS. Even though the Home is warranted against defects as set forth herein, Buyer understands and acknowledges that SELLER DOES NOT MAINTAIN THE HOME AFTER CLOSING. Buyer agrees that it is Buyer's sole responsibility to perform routine general maintenance and upkeep on the Home. Buyer's failure to maintain the Property will impact Buyer's rights and coverage under such Limited Warranty. SUBROGATION. Buyer understands that any warranty is nota liability or any other type of insurance policy, including a homeowner's insurance policy, which typically provides coverage for certain property damages and casualty losses. If Buyer receives from an insurance company or any other party payment or repairs relating to or arising from a construction defect or the Property, then to the fullest extent permitted by law, Buyer hereby waives for itself and on behalf of anyone acquiring rights through Buyer, including, but not limited to, any insurance company or other party, all subrogation and other claims against Seller for such payments or repairs received by Buyer. 11 INSPECTIONS. When safety conditions permit, Seller may permit Buyer to view construction of the Property premises. Buyer understands that a construction site can be a dangerous place. Buyer or Buyer's visitors are not allowed to visit the construction site without permission and without a representative of Seller. Hard hats and closed toe shoes are required while visiting areas under construction. Buyer acknowledges that any entryto a construction site is at Buyer's own risk and Buyer waives the right to make claims against Seller for any personal injury or property damage that Buyer, Buyer's guests, and/or minor children might incur. Buyer agrees to indemnify and hold Seller harmless from and against any and all personal injuries, property damage, or any other claim or injury incurred by Buyer, or Buyer's visitors on the Property, or on any construction site at any and all times before and after Closing. If Buyer fails to comply with the terms of this provision, Buyer will be in breach of this Agreement. In the event any inspection by Buyer or its agents or contractors reveals a purported defect in the Property, Buyer shall provide Seller with written notice of the claim of defect and, if a professional home inspection was performed, a true and complete copy of any report produced by the home inspector. If Seller determines the claim of defect is valid, Seller shall correct or repair the defect. If Seller determines the claim of defect is not valid, Seller shall notify the Buyer of that determination within 30 days of receipt of the written notice of claim of defect and Buyer shall proceed to Closing. Notwithstanding any other provision herein, Seller shall not be required to correct or repair any defect in construction that does not constitute a violation of: (a) the building code of the governing jurisdiction in which the Property is located; or (b) the building guidelines and standards used by Seller in its absolute sole discretion. Initials C Filing 1990837496 % 1 VS C-BC Bigs *"Co- Buyer “AEcoSun HOMES oe 12, PRE-CLOSING INSPECTION AND ORIENTATION. Buyer shall have an opportunity to conduct a pre-closing orientation (the “Pre-Closing Orientation”), which will be scheduled by Seller prior to Closing. Seller will make a reasonable effort to accommodate Buyer's schedule for such orientation, but Closing will not be delayed if Buyer is unable to participate in the Pre-Closing Orientation. The Pre-Closing Orientation will determine any items to complete, repair or replace, which are commonly known as “Punch List” items. It is Seller's goal to have all Punch List items completed and signed off on before Closing. THE EXISTENCE OR INCOMPLETENESS OF SUCH PUNCH LIST ITEMS PRIOR TO CLOSING SHALL NOT ENTITLE BUYER TO CANCEL THIS AGREEMENT, DELAY CLOSING, OR WITHHOLD FUNDS AT CLOSING. After Closing, Seller will repair or complete any Punch List items, if any, that were not completed priorto Closing, as soon as reasonably practical, considering weather and other factors. Buyer agrees to provide Seller access to the Home during normal working hours, to allow Seller to address Punch List items. Buyer's failure to provide such access and/or Buyer's refusal to allow Seller to repair/replace any Punch List item according to the method selected by Seller will relieve Seller from any and all obligations to Buyer under this Agreement regarding such Punch List items. 13, CLOSING. The closing of this transaction shall occur when the Purchase Price is exchanged for the Deed and possession of the Property (the “Closing”). The date on which this exchange occurs is referred to herein as the “Closing Date.” Closing shall not be complete until Seller has received the full Purchase Price. a. CLOSING DATE. The Closing Date shall be (as checked below): On or before ; or ¥ Seller shall give Buyer 5 business days’ verbal or written notice of the expected Closing Date Seller selects for the Closing. EXCHANGE AT CLOSING. At Closing, Seller shall deliver to Buyer the Deed for the Property, possession of the Property, a Certificate of Occupancy for the Home issued by the applicable governmental authority, and, if applicable, a certificate of final approval by VA or FHA. At Closing, Buyer shall pay to Seller the Purchase Price in full. CLOSING/ESCROW INSTRUCTIONS. Delivery and acceptance of a fully executed copy of this Agreement shall confirm the selection of the qualified title company, law firm, or independent escrow company to perform the Closing (the “Closing Agent”). The Closing Agent shall be named on an Addendum to this Agreement. CLOSING COSTS. i, Buyer. Buyer is responsible for payment, at or before Closing, of (i) all title search expenses; (ii) half of Closing Agent's fees and charges levied by Closing Agent in connection with this transactiot ii) all costs of the Loan or any other financing, including, but not limited to, all application fees, origination points, discount points, credit reports, prepaid interest, lender's title insurance policy and endorsements thereto, insurance premiums, costs of appraisal, and underwriting fees; (iv) the cost of the final property survey; (v) Buyer's share of the real estate taxes including any Special Taxing Districts if applicable, and Municipal Services Fees and/or Public Service Fees, if any, for the year in which the transaction is closed, prorated