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Purchase Agreement

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PURCHASE AGREEMENT

THIS IS A LEGALLY BINDING CONTRACT BETWEEN PURCHASER AND SELLER. IF YOU DO NOT UNDERSTAND IT, SEEK LEGAL ADVICE.

1. PARTIES TO CONTRACT - PROPERTY. Purchaser and Seller acknowledge that Broker is is is not the limited agent of both parties to this transaction as outlined in Section III of the Agency Agreement Addendum as authorized by Purchaser and Seller.

, hereinafter referred to as Purchaser, offers and agrees to purchase from , hereinafter referred to as Seller, upon the terms and conditions set forth, the property legally described as:

also known as

2. EARNEST MONEY DEPOSIT. Earnest Money in the amount of ($ ) DOLLARS Cash Check

unless otherwise noted herein, shall be deposited into the trust account of the listing listing selling broker on the next legal banking day after acceptance of this offer.

Other earnest money provisions:

3. PURCHASE PRICE. The total purchase price is to be ($ ) DOLLARS

4. FINANCING.

New Mortgage. This offer is contingent upon Purchaser obtaining a new VA, FHA, SDHDA, Conventional, or type of loan.

A letter of Purchaser’s loan status from is attached or will be delivered by

Within legal banking days after acceptance of this Agreement, Purchaser will make application for and diligently and in good faith endeavor to secure a new loan, pay all application fees, and to sign all financing documents without delay.

Assumption. See attached Addendum.

Contract for Deed/Private Mortgage. See attached Addendum.

Cash. This is a cash offer. The remaining balance of $ will be paid at closing by certified check.

A letter of verification from regarding the availability of funds is attached will be delivered by or this agreement, at the option of Seller without notice to Purchaser may be voided.

INITIALS: PURCHASER / SELLER /

5. APPRAISAL. This offer is subject to the property appraising for at least the purchase price.

Appraisal will / will not be ordered prior to removal of home inspection contingency.

6. SALE OF PURCHASER'S PROPERTY

A. This offer is not contingent upon the sale or close of property owned by Purchaser.

B. This offer is contingent upon the sale and close of Purchaser’s property located at

within days or within the time specified for closing the Seller’s property.

Seller shall have the right to continue to offer the property for sale and accept any offers subject to the rights of Purchaser.

Within days of receipt of the notice, Purchaser will provide a written waiver of the contingency on the sale and close of Purchaser’s property or this agreement will terminate without further notice and deposits will be returned according to paragraph 15 of this agreement.

7. SELLER'S PROPERTY DISCLOSURE. Purchaser acknowledges receipt of Seller's property condition disclosure statement dated as required by SDCL 43-4-38 through 43-4-57 prior to signing this agreement.

Purchaser acknowledges that no disclosure statement is required by reason of the following:

8. LEAD-BASED PAINT DISCLOSURE. Purchaser acknowledges receipt of the pamphlet "Protect Your Family From Lead In Your Home" and the Seller's lead-based paint and lead-based paint hazards form according to the Residential Lead-Base Hazard Reduction Act of 1992. This applies only to properties built prior to 1978.

(initials) /

9. INSPECTION OF PHYSICAL CONDITION OF PROPERTY. Purchaser acknowledges that it has been recommended that Purchaser engage, at Purchaser’s expense, the services of a professional inspector acting within the scope of the inspector’s professional license to inspect the property.

(initials) /

This offer is / is not contingent upon Purchaser, at Purchaser’s expense, obtaining a property inspection(s) and report(s).

These inspection options will be completed and written notice of the results given to Seller or Seller’s agent within business days of acceptance of this agreement.

INITIALS: PURCHASER / SELLER /

9. INSPECTION OF PHYSICAL CONDITION OF PROPERTY (continued from page 2)

If no written agreement can be reached on the results of the Inspection Report(s) within business days of the date and time Seller is notified of the results of the inspection(s), this Agreement may be deemed null and void in its entirety at the option of Buyer within hours after the negotiation deadline.

Purchaser hereby waives the option to have an independent home inspector assess the condition of the property.

10. HOME PROTECTION PLAN: Seller provided a home protection plan.

By initialing, Purchaser elects a home protection plan.

11. SURVEY. Purchaser acknowledges that it has been recommended to obtain a survey by initialing one of the following:

depicting all improvements on the property.

depicting all improvements on the property.

marking all property corners before closing.

other .

Cost of survey, if any, will be paid as follows: Seller Purchaser

Purchaser waives survey (Initial, if applicable)

12. TAXES/PRORATIONS. Purchaser is aware that property taxes may or may not be based upon “Owner Occupied Status”. Any and all Special Assessments are to be paid by Seller unless otherwise specified in this agreement.

Taxes, rents, road maintenance, water, sewer, and homeowner’s association fees, if any are: To be prorated to Not to be prorated

Tax proration will be based upon the: previous year’s taxes / agreed upon amount of $ / most current county information / new construction estimate / other

13. TITLE. Merchantable title shall be conveyed by Warranty Deed or other sufficient conveyance instrument, acceptable to Purchaser, subject to conditions, zoning, restrictions, and easements of record, if any, which do not interfere with or restrict the existing use of the property. An owner's policy of Title Insurance in the amount of the purchase price will be furnished with cost to be distributed: Purchaser Seller .

INITIALS: PURCHASER / SELLER /

14. CLOSING/POSSESSION. Closing date will be on or before with possession to be given Purchaser at time of closing.

Seller agrees to maintain the property in a condition comparable to its present condition and agrees that Purchaser will have the opportunity for a personal inspection prior to closing. Seller agrees to maintain all existing insurance coverage on property until time of closing.

Closing service fees, if any, cost to be distributed as follows: Purchaser Seller .

All personal property, including refuse, not included in the purchase price, shall be removed by Seller prior to closing.

15. EARNEST MONEY/DEPOSITS. The broker, as specified in Section 2, shall deposit and hold all earnest money and other deposits until sale is closed.

16. AGREEMENT TO MEDIATE. Any dispute or claim arising out of or relating to this contract will be submitted to mediation, if available, in accordance with the rules and procedures of the Sellers/Purchasers Dispute Resolution System. Otherwise, mediation will be submitted to a private mediation service. Any costs of mediation will be shared equally between Purchaser and Seller.

Yes No Purchaser /

17. PERSONAL PROPERTY. Any personal property, free of liens and without warranty of condition, shall be transferred to Purchaser by a separate bill of sale. Purchaser will / will not compensate seller for fuel oil/propane remaining on date of closing.

18. OTHER PROVISIONS:

18. ADDENDA TO THIS AGREEMENT. The following documents are addenda to this contract and are attached and become part of this contract by reference. If none, so state.

19. This agreement is void if not accepted by Seller by the day of , by a.m./p.m.

20. The laws of South Dakota govern this transaction.

INITIALS: PURCHASER / SELLER /

21. TIME IS OF THE ESSENCE OF THIS CONTRACT.

Dated this day of , at a.m./p.m.

Purchaser

Purchaser

On this day of , the foregoing offer is:

(Initial) ACCEPTED /
NOT ACCEPTED /
COUNTERED /

Seller

Seller

THE FOLLOWING IS FOR INFORMATION PURPOSES ONLY:

Selling Company

Selling Licensee

Listing Company

Listing Licensee

Enter text✕

What a Purchase Agreement Is and when it applies

A Purchase Agreement is a legally binding contract that sets the terms and conditions for the sale and transfer of goods, services, or real property between a buyer and a seller. The agreement defines the purchase price, payment terms, closing date, delivery or transfer conditions, representations and warranties, contingencies, and remedies for breach. It allocates risk, identifies parties, and specifies governing law and dispute resolution. Properly completed, signed, and retained, a Purchase Agreement creates enforceable obligations and provides documentary evidence of the transaction for tax and compliance purposes.

Why a clear Purchase Agreement matters

A clear, well-drafted Purchase Agreement reduces ambiguity, protects parties' expectations, and limits exposure to disputes. It documents consideration, delivery terms, contingencies, and remedies, helping parties meet regulatory, tax, and contractual obligations while supporting enforceability under U.S. electronic signature laws.

Why a clear Purchase Agreement matters

Who prepares and signs Purchase Agreements

Buyers, sellers, brokers, attorneys, procurement and finance teams commonly prepare or sign Purchase Agreements for goods, services, and real property transactions.

  • Small business owners who manage vendor relationships and occasional asset purchases, requiring clear payment and delivery terms.
  • Corporate procurement teams handling purchase orders, approvals, and supplier contracts at scale.
  • Real estate buyers and sellers negotiating property transfers, title contingencies, and closing conditions.

Choose the template variant that matches transaction type—asset sale, goods purchase, or real estate—to ensure required clauses and disclosures are included.

Essential sections every Purchase Agreement should include

Core sections in a Purchase Agreement define parties, consideration, payment schedule, delivery and acceptance, representations and warranties, and remedies for breach.

Parties

Identify buyer and seller using full legal names and entity types, including contact information and a statement of authority for signatories to bind their organizations.

Consideration

Specify exact purchase price, currency, payment schedule, escrow instructions, deposits, and consequences for late or missed payments to avoid ambiguity in enforcement.

Assets

Provide a precise description of goods, services, or property, including serial numbers, quantities, quality standards, and any included fixtures or attachments.

Contingencies

List conditions precedent such as inspections, financing, approvals, or due diligence deadlines that must be satisfied before closing or performance.

Warranties

State seller representations about title, condition, authority to sell, and any express disclaimers or survival periods for claims and remedies.

Remedies

Define remedies, indemnities, liquidated damages, cure periods, termination rights, and dispute resolution mechanisms including governing law and venue.

Step-by-step: from draft to executed Purchase Agreement

Follow these steps to complete and execute a Purchase Agreement accurately, from drafting through final signature and distribution.

  • 01
    Draft: State full terms, obligations, and key dates.
  • 02
    Review: Check legal, tax, and lien issues.
  • 03
    Sign: All parties sign and date.
  • 04
    Distribute: Provide executed copies to all parties.

Typical online workflow settings for Purchase Agreements

Configure an online workflow to collect signatures, manage copies, and automate reminders for Purchase Agreement execution.

Field Configuration
Authentication Email link default; SMS OTP optional; KBA for added identity assurance
Bulk Send Enable for mass distribution; use templates for repeats
Reminders Automated three reminders at configured intervals
Storage Signed PDFs stored in PDF/A and cloud archive

Platform capabilities to support electronic Purchase Agreement execution

Online completion requires a platform supporting PDF/DOCX, audit trail, secure authentication, access controls, and native export to long-term storage formats.

  • Formats: PDF and DOCX accepted
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Auth Options: Email, SMS OTP, KBA

How electronic signing typically flows

Typical routing: prepare document, assign fields, invite signers, and capture audit trail and signed copies for records.

  • Upload: Add the final Purchase Agreement file to the signing platform.
  • Place Fields: Insert signature, initials, dates, and conditional fields where needed.
  • Invite Signers: Send email links or generate a secure signing URL.
  • Complete: Signer authenticates, signs, and receives certificate of completion.

Key dates to track in a Purchase Agreement

Key dates for a Purchase Agreement include execution, contingency expiry, closing, and payment milestones to track compliance and risk.

Execution Date:

Date parties sign the agreement and obligations commence.

Contingency Deadline:

Final date to satisfy inspections, financing, or approvals.

Closing Date:

Date ownership transfers and payment finalizes.

Payment Schedule:

Installment dates, due amounts, and late fee terms.

Record Retention Start:

When signed copy must be stored for compliance.

Common mistakes that create disputes or delays

  • Using vague descriptions of goods or omitted serial numbers leads to disputes over delivered items, quality claims, and difficulty enforcing acceptance criteria at closing.
  • Failing to include a clear payment schedule, escrow instructions, or remedies for late payment creates collection risk and can delay closing or delivery.
  • Omitting contingency deadlines or leaving them open-ended allows a party to unreasonably delay performance and may void agreed remedies or timelines.
  • Mismatched signer names, incorrect entity identification, or missing authority documentation can invalidate signatures and trigger the need for re-execution or corrective filings.

Potential penalties and legal risks

Contract Voidance: Agreement may be unenforceable.
Tax Exposure: Incorrect reporting or missing TINs.
Late Closing Costs: Additional fees and damages.
I-9 Violations: I-9 penalties $281–$2,789
1099 Penalties: Late fines $60–$330 per form
Fraud Liability: Potential civil and criminal exposure

Vendor pricing and selected capability comparison for e-signing Purchase Agreements

This comparison summarizes starting prices and select features across common eSignature vendors to inform procurement and budgeting for Purchase Agreement workflows.

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 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about electronic Purchase Agreements

Answers to common questions about completing, signing, and managing Purchase Agreements electronically, including legal validity and typical errors.


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