2. Sellers represent to Purchaser as follows (such representations are true as of the date hereof and shall be true as of the date of closing):
2.1 To the best of Seller’s knowledge all material alterations, additions or improvements to the interior or exterior of the Unit made by Seller were made with any required consent of the Condominium and any applicable government authority. To the best of Seller’s knowledge, Seller has received no written claims against Seller made by the Condominium or by any governmental authority for failure to comply with the rules of the Condominium or of any applicable law regarding alteration of the Unit. To best of Seller’s knowledge, there is no present requirement to remove any alterations, additions or improvements. Seller will not at Closing be indebted for labor or material that might result in the filing of a notice of a mechanic’s or materialman’s lien against the Unit. Seller shall not make any alterations to the Unit between the date hereof and the date of Closing except to keep the Unit in good repair. It shall be a condition of Purchaser’s obligations to close under this Contract that any open permits filed with the New York City Department of Buildings shall be signed off, and a Letter of Completion or its equivalent issued.
2.2 Within the past 12 months, Seller has made no written complaints to the Board of Directors or the managing agent concerning offensive conduct, excessive noise, environmental issues (including but not limited to mold, lead paint and asbestos) lack of heat or hot water, low water pressure, rodent and/or other bug infestation (including bed bugs), banging pipes or odors emanating from other apartments or other areas of the building or any other disturbance affecting the Premises or the Unit.
2.3 The Sellers represent that in the past 12 months they have not had the Unit treated for toxic mold, bed bug or other infestations; and they have no actual knowledge of any bed bugs or other infestations presently in the Unit. The Unit shall be delivered free of any toxic mold, rodent, bedbug or insect infestation.
2.4 At the time of the execution of this Contract, neither Sellers nor Purchasers have filed for protection under any federal bankruptcy law.
2.5 Seller has not received written notice of pending litigation or claim against or concerning Sellers or the Unit that would adversely affect the Premises or Sellers’ ability to convey same to Purchasers hereunder.
2.6 Seller is not in any uncured default on any mortgage on the Property and this transaction is not a “short sale” as that phase is customarily used in the industry.
2.7 In the past 12 months, Sellers have no written notice of any default in keeping, observing or performing any term, covenant or condition on Sellers’ part to be observed or performed under the Condominium’s By-Laws or House Rules. All liens filed against the Unit for unpaid common charges, assessments or other condominium fees will be paid off prior to or at closing, if any. Seller is responsible for obtaining a satisfaction and/or release in recordable form to be delivered to the title company at closing for any such lien filed against the unit.
2.8 Sellers have no actual knowledge of any condition in the Unit that the Condominium is responsible for repairing or for maintaining which has not been repaired, maintained or corrected in all respects.
2.9 Notwithstanding anything to the contrary set forth in Paragraph 2 of the printed form of contract, Seller represents that the kitchen appliances, air conditioning equipment, heating equipment, electrical systems and outlets, and plumbing fixtures, to the extent that the responsibility to maintain same is the Seller’s and not the Condominium’s pursuant to the By-Laws, shall be in working condition at Closing. If any of the appliances or utilities affecting the unit which are not Seller’s responsibility are not working or defective between now and the date of Closing, Seller agrees to give written notice of such condition(s) promptly to Managing Agent or Condominium Board.
2.10 During the past 12 months to the best of Seller’s knowledge there have been no water leaks into the Unit from the exterior of the Building or from any other Unit, and Seller has not received any written notice that there are or have been any such leaks, or any leaks purportedly emanating from the Unit.