Who must sign for an entity?

An authorized officer, manager, or trustee must sign. Provide an attached resolution, operating agreement excerpt, or trustee certification if escrow or title requires proof of authority to avoid acceptance delays.

Can this be signed electronically?

Yes, most states accept electronic signatures under ESIGN (15 U.S.C. ch. 96) and UETA (adopted by 49 states plus DC). Certain recording or notarization exceptions may apply and should be verified locally.

When is notarization required?

Deeds and many conveyance documents require a notary acknowledgement for recording in most states. Verify county recorder requirements; some states also require witnesses for specific instruments.

What does escrow need to accept funds?

Escrow typically requires a fully executed agreement, evidence of deposit funds, lender instructions (if applicable), and identity verification for wire instructions to mitigate fraud.

How do I correct a signed error?

If discovered pre-closing, prepare a signed amendment or addendum and deliver to escrow and title. Post-recording errors may require corrective deed or quitclaim and potential re-recording.

Are remote notarizations allowed?

Remote online notarization (RON) is permitted in many states with identity proofing and audio-video recording requirements; check state notary commission rules before relying on RON.

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Agreement for Purchase and Sale and Joint Escrow Instructions

Agreement for Purchase and Sale and Joint Escrow Instructions

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What this Agreement for Purchase and Sale and Joint Escrow Instructions is

The Agreement for Purchase and Sale and Joint Escrow Instructions is a legally binding real estate contract that documents the terms by which a buyer agrees to purchase and a seller agrees to sell identified property and that sets forth instructions for an escrow agent to hold and disburse funds and documents. It combines substantive sale terms (price, contingencies, closing date, prorations, title and survey obligations) with escrow directions (deposit amount, conditions for release, escrow closing steps). The form allocates responsibilities, establishes closing mechanics, and creates a record for enforcement and post‑closing obligations.

Why this combined purchase and escrow instrument matters

Using a combined Agreement for Purchase and Sale and Joint Escrow Instructions clarifies transaction mechanics in one document, reduces ambiguity between contract terms and escrow handling, speeds closing coordination, and creates a single enforceable record for title, funds and contingency resolution.

Who commonly completes this Agreement and why

Typical parties and professionals involved in completing this combined agreement and instructions are listed below to help you understand roles at each stage.

Buyers and sellers — set economic terms, contingencies, and signature obligations for both sides.
Real estate agents and brokers — prepare initial drafts, insert negotiated terms, and coordinate delivery to escrow.
Escrow agents or title companies — accept joint instructions, confirm deposit receipt, and follow closing disbursement rules.

Who is authorized to sign on behalf of parties

Individual Buyer / Seller

A natural person named in the agreement who signs personally with a printed name, signature, and date. If an individual uses a trade name, include the legal name as well to avoid title defects or TIN mismatches for tax reporting.

Entity Representative

An authorized officer or manager (e.g., CEO, President, Managing Member) who signs on behalf of a corporation, LLC, or trust. Attach evidence of authority such as corporate resolutions, LLC manager consent, or trustee certification when required by escrow or recording offices.

Essential data elements to include

Property Description: Legal description and street address

Purchase Price: Agreed dollar amount

Deposit Details: Amount, form, and escrow recipient

Closing Date: MM/DD/YYYY format

Contingencies: Financing, inspection, title objections

Title Instructions: Title company, escrow closing steps

Step-by-step: how to complete and execute the form

Follow these sequential steps to prepare, exchange, and finalize the Agreement for Purchase and Sale and Joint Escrow Instructions.

01

Draft Terms: Record price, closing date, contingencies, and escrow deposit instructions clearly.
02

Attach Exhibits: Add exhibits like title commitment, property disclosures, and inspection reports when referenced.
03

Review with Counsel: Have parties or counsel review to confirm obligations and state law implications.
04

Sign and Deliver: Obtain signatures from authorized signatories and provide executed copies to escrow and title.

How escrow instructions operate in practice

These core actions show how escrow receives, safeguards, and applies funds and documents under joint instructions.

Deposit Receipt: Escrow accepts buyer deposit and records date and form of funds.
Condition Clearance: Escrow confirms removal of contingencies and receipt of required documents.
Closing Authorization: Parties authorize escrow to disburse funds conditioned on title closing.
Final Disbursement: Escrow records deed and releases funds per instructions, issuing settlement statements.

Setting up a digital workflow for this agreement

Configure the document workflow to match signing order, authentication, and escrow acceptance steps.

Field	Configuration
Signing Order	Specify whether simultaneous or sequential signatures are required
Authentication	Choose email link, SMS code, or KBA for identity verification
Escrow Acknowledgement	Require escrow agent signature and contact details before release
Document Retention	Enable secure retention and audit trail for compliance

Platform and file requirements for eSigning and processing

Ensure your eSignature provider supports required file types, authentication, and audit trails before submitting documents to escrow.

File Formats: PDF, DOCX supported
Integrations: Title/escrow systems, Google Drive, NetSuite
Security: TLS in transit, AES-256 at rest

Key clauses and provisions to include

A professional agreement includes clear allocations of risk, timing, title obligations, and escrow mechanics so parties and escrow agents can perform without later dispute.

Purchase Terms

Defines the exact purchase price, deposit schedule, and payment method to avoid ambiguity in escrow disbursement and tax reporting.

Contingencies

Lists financing, inspection, and title contingencies with deadlines and cure periods to set clear conditions for release of deposits.

Escrow Directions

Specifies escrow agent, account instructions, required deliverables, and the conditions under which escrow may release funds or documents.

Title and Survey

States required title evidence, permitted exceptions, and deadline for curing title defects before closing.

Prorations and Adjustments

Allocates prorations for taxes, HOA dues, rents, and utilities, plus method for final accounting at closing.

Default and Remedies

Specifies breach consequences, deposit forfeiture or specific performance remedies, and attorney fee allocation if applicable.

Practical tips for an accurate and efficient agreement

Small errors create major closing delays; use these practical practices to reduce friction.

Use Precise Legal Descriptions

Copy the property legal description verbatim from the deed or title commitment to prevent recording rejection or title vesting issues.

Confirm Signatory Authority

Obtain entity authorization (resolution, manager consent, trust certification) before signing to avoid defective conveyances.

Track Contingency Deadlines

Record all contingency expiration dates in MM/DD/YYYY format and notify parties in advance to avoid inadvertent waiver.

Coordinate with Escrow Early

Provide escrow the executed agreement, title commitment, and funding instructions early to streamline closing and permit final reconciliation.

Common timing and deadline expectations

Timelines in purchase and escrow agreements drive contingency periods, closing windows, and funding deadlines; document them clearly.

Earnest Money Deposit:

Deposit delivered within 3 business days of contract acceptance

Inspection Period:

Typical 7–14 days from effective date unless negotiated otherwise

Financing Contingency:

Lender commitment deadline often 21–30 days

Closing Date:

Set explicit MM/DD/YYYY date; extensions require amendment

Title Objection Cure:

Seller given a set period (often 7–14 days) to cure objected title issues

Key transaction milestones from contract to recordation

Sequential milestones help parties and escrow track progress toward closing and recording.

01

Contract Effective Date

Triggers contingency countdowns and escrow deposit deadlines.

02

Contingency Resolution

Inspections, financing, and title issues resolved or properly extended.

03

Funding and Final Docs

Lender funding, loan documents, and closing statements prepared and delivered to escrow.

04

Closing and Recording

Deed recorded, escrow disburses funds, and final closing statement provided to parties.

Common mistakes to avoid

Using an informal or incomplete legal description can prevent recording and cloud title.
Failing to confirm signer authority for entities can produce voidable conveyances and delay closings.
Omitting escrow delivery instructions or account details results in funding errors or rejected deposits.
Missing contingency deadlines inadvertently waives protections or triggers disputes over deposits.

Risks and legal consequences of an incorrect or incomplete agreement

Title Defect: Unclear legal description or missing exhibits may create a defect requiring cure or reduction in price.

Deposit Forfeiture: Buyer may forfeit earnest money if contingencies are not properly stated or timely asserted.

Tax Reporting Errors: Incorrect names or TINs can trigger IRS backup withholding and penalties under IRC §6721.

Recording Rejection: Improper notarization or signature blocks may cause county recorder to refuse the deed.

Breach Litigation: Disputes over ambiguous terms can lead to claims for specific performance or damages.

Regulatory Noncompliance: Failure to follow state escrow or disclosure statutes can incur administrative fines or rescission rights.

Comparison: signNow and other eSignature providers for real estate workflows

Cost and feature differences influence platform choice for executing Agreements for Purchase and Sale and Joint Escrow Instructions; the table highlights starting prices and core capabilities.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes (7-day trial)	Verify plan	Verify plan	Verify plan	Verify plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-world examples of how this document is used

These brief case examples illustrate common transaction scenarios and outcomes when the agreement and escrow instructions are well drafted.

Residential Closing

A buyer and seller used a combined agreement to align inspection and loan contingency timelines, and escrow coordinated the deposit release upon loan funding

escrow confirmed all conditions met before disbursement
this prevented conflicting instructions and enabled same-day recording and funding, reducing holdover risk and clarifying prorations on the final closing statement.

Development Phase Close

A developer closed multiple phased parcels under separate escrow instructions for each phase, with retention funds held for punch list items

escrow released phase funds only after receipt of lien waivers and title endorsements
clear escrow conditions preserved funds for remediation and limited contractor disputes while allowing partial project turnover.

Frequently asked questions about completing and using this agreement

Answers to common questions about signatory authority, notarization, digital signatures, and escrow procedures for purchase agreements and escrow instructions.

Need help? Contact support

Who must sign for an entity?
An authorized officer, manager, or trustee must sign. Provide an attached resolution, operating agreement excerpt, or trustee certification if escrow or title requires proof of authority to avoid acceptance delays.
Can this be signed electronically?
Yes, most states accept electronic signatures under ESIGN (15 U.S.C. ch. 96) and UETA (adopted by 49 states plus DC). Certain recording or notarization exceptions may apply and should be verified locally.
When is notarization required?
Deeds and many conveyance documents require a notary acknowledgement for recording in most states. Verify county recorder requirements; some states also require witnesses for specific instruments.
What does escrow need to accept funds?
Escrow typically requires a fully executed agreement, evidence of deposit funds, lender instructions (if applicable), and identity verification for wire instructions to mitigate fraud.
How do I correct a signed error?
If discovered pre-closing, prepare a signed amendment or addendum and deliver to escrow and title. Post-recording errors may require corrective deed or quitclaim and potential re-recording.
Are remote notarizations allowed?
Remote online notarization (RON) is permitted in many states with identity proofing and audio-video recording requirements; check state notary commission rules before relying on RON.

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