Can this agreement be electronically signed?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA where adopted. Confirm the state does not require additional formalities for the specific document being executed.

Does early possession transfer title?

No. Possession agreements typically grant physical occupancy only; legal title remains with the seller until closing. The agreement should expressly state it does not convey title or terminate title contingencies.

Who must provide insurance before move-in?

Buyers should provide proof of property and liability insurance naming seller as additional insured where practicable. Requiring insurance avoids coverage gaps and assigns risk for occupant-caused loss.

Are notarization or witnesses required?

Possession agreements are typically contract documents; notarization is not universally required. However, deeds and instruments that transfer title require notarization and in some states witness signatures. Verify state rules before finalizing.

How can the agreement be revoked or canceled?

Include clear termination and revocation clauses describing notice requirements, deadlines, and how escrowed funds or holdbacks will be returned or applied in the event of cancellation.

Electronic Signature
Templates
Legal
Buyer Possession Before Closing Agreement

Buyer Possession Before Closing Agreement

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

BUYER'S AGREEMENT TO OCCUPY PRIOR TO CLOSING

In reference to the Agreement to Buy and Sell Real Estate between:

, the Buyer(s) (hereinafter called "BUYER"), and , the Seller(s) (hereinafter called "SELLER"), dated , covering the real property known as:

Lot Block Section Subdivision

Address

Tax Map # City Zip

County of , State of South Carolina.

WITNESSETH:

1. The agreement shall be a supplement to and a part of the above mentioned Agreement to Buy and Sell Real Estate, which said agreement will otherwise remain in full force and effect.

2. The Buyer hereby deposits with the Seller's agent the sum of $ which is in addition to the earnest money previously deposited by the former on the signing of said Agreement to Buy and Sell Real Estate. Should the Buyer default under said Agreement to Buy and Sell Real Estate, then all said monies deposited may be retained by the Seller for damages including but not limited to damages caused by pets, etc.

3. The date of occupancy by the Buyer shall be

4. The Buyer agrees that the per diem occupancy fee of $ shall be paid in advance, due by the first of each month and paid to the date of closing. Said occupancy fee shall be made payable to . Unused prepaid rent is to be credited to Buyer at closing. If Buyer fails to pay the occupancy fee by the fifth of the month, the Buyer shall vacate the premises immediately, no other notice shall be given. Time is of the essence.

5. If, at fault of Buyer, the sale is not closed by agreed upon closing date as stated in the Agreement to Buy and Sell Real Estate or by , the rent will be $ per diem, commencing on . The acceptance of this rent shall not be deemed a waiver of any other rights accruing to the Seller under this or any other agreement, contract, or law.

6. Buyer agrees to have all utilities and services in their name except . Those services and utilities not in Buyer's name are to be prorated from date of occupancy.

7. Should the sale not be consummated on or by the closing date set forth in Section #5 of this Agreement, the Buyer agrees to vacate the property within days from receipt of the notification by the Seller. In this event, the Buyer agrees to promptly pay all third parties for work, labor, and materials incurred or supplied for improvements to the property made or contracted for by the Buyer or during their occupancy and all such improvements shall become the property of the Seller. Buyer shall be responsible for any damage, other than ordinary wear and depreciation, done on or to the premises.

8. Buyer agrees to refrain from undertaking any alterations to improvements and/or land without prior written consent of Seller, until closing the transaction.

9. It shall be Buyer's responsibility to inspect property as per contract BEFORE possession. Buyer agrees by accepting possession that Buyer is accepting property in its present condition as being satisfactory per terms of this agreement and of the Agreement to Buy and Sell Real Estate. Any exceptions revealed by inspections and not completed by possession date will be noted in writing and agreed to by Buyer and Seller BEFORE possession.

BUYER BUYER AND SELLER SELLER HAVE READ THIS PAGE

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10. It will be the Buyer's responsibility to obtain insurance covering Buyer's contents and liability for personal injury to other people until date of closing. Seller shall continue to maintain a policy of fire and extended coverage on the property until the same shall be conveyed to Buyer. (Seller should consult insurance agent regarding proper insurance coverage.)

11. Buyer further agrees:

(a) To maintain heating, sewer, plumbing, electrical system, and any built-in appliances and equipment in normal working order, to keep the roof watertight, and to maintain the grounds, commencing upon the date of occupancy is delivered.

(b) To abide by all laws and governmental regulations with respect to the use or occupancy of the premises.

(c) To admit Seller or Seller's authorized agent at reasonable times for the purpose of inspecting the premises until closing.

(d) If any contingency of the above referenced Agreement to Buy and Sell Real Estate cannot be satisfied through the fault of the Buyer, any monies spent by the Buyer for improvements to the property will inure to the Seller.

12. The Buyer agrees to hold the Seller and Seller's agent harmless from any claims or actions for damages or injuries which arise as a result of Seller's acts, the acts of their agents, or anyone else entering the above property during their occupancy.

13. Should any action be instituted by the Seller to recover any rent or damages based on the provisions of this Agreement, the Buyer agrees to pay all of the Seller's legal expenses not to exceed an amount which would normally be allowed for said expenses.

14. THIS AGREEMENT IS INTENDED ONLY TO GIVE THE BUYER THE RIGHT TO POSSESSION PENDING CLOSING AND IS NOT INTENDED TO ESTABLISH A LANDLORD AND TENANT RELATIONSHIP.

15. It is specifically understood that should the premises be destroyed by fire or other occurrence during the time that Buyer is in possession, the risk of loss of personal property or bodily injury including death shall be borne by the Buyer.

16. OTHER:

IN WITNESS WHEREOF, this agreement has been duly executed by the parties.

Buyer:

Witness:

Buyer:

Witness:

Seller:

Witness:

Seller:

Witness:

Date Time

The foregoing form is available for use by the entire real estate industry. The use of the form is not intended to identify the user as a REALTOR®. REALTOR® is the registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. Expressly prohibited is the duplication or reproduction of such form or the use of the name "South Carolina Association of REALTORS®" in connection with any written form without the prior written consent of the South Carolina Association of REALTORS®. The foregoing form may not be edited, revised, or changed without the prior written consent of the South Carolina Association of REALTORS®.

Form 370 PAGE 2 OF 2

What this agreement is and when it applies

The Buyer Possession Before Closing Agreement is a written contract that documents temporary occupancy by a buyer prior to legal transfer of title at closing. It defines possession dates, whether a possession fee or credited amount applies, allocation of utilities and maintenance, insurance and indemnity obligations, access rights for seller and agents, responsibilities for repairs and damage, and the effect of title contingencies. The agreement protects both parties by recording financial holdbacks, inspection rights, insurance requirements, and remedies for breach while the transaction remains subject to closing conditions.

Why parties use a Buyer Possession Before Closing Agreement

A clear possession agreement allocates risk, records interim payments or holdbacks, preserves buyer and seller remedies, and documents insurance and maintenance responsibilities when occupancy precedes title transfer. Written terms reduce ambiguity about utilities, repairs, access, and what happens if closing is delayed or a contingency fails.

Who typically prepares and signs this form

Typical users include buyers needing early occupancy, sellers permitting temporary possession, and the real estate professionals or attorneys who draft the terms.

Buyers seeking immediate occupancy before formal settlement, often because of job or lease timing.
Sellers who allow early possession while protecting title, funds, and risk exposure.
Listing agents, buyer agents, and closing attorneys preparing holdbacks, insurance provisions, and access rights.

When used correctly the agreement aligns expectations, reduces later disputes, and preserves closing contingencies and escrowed funds pending final transfer of title.

Signers and their typical roles

Buyer (Occupant)

The buyer accepts temporary possession and agrees to pay any possession fee, carry required insurance, maintain utilities, and indemnify the seller for damage during occupancy. The buyer remains bound by financing and title contingencies until closing is complete.

Seller (Owner)

The seller permits occupancy while retaining title until closing, often requiring a security holdback, proof of insurance, defined access for inspections, and express remedies if the buyer defaults or fails to vacate before closing.

Core clauses to include in a professional possession agreement

A thorough possession agreement addresses timing, payment, risk allocation, repairs, access, and dispute resolution. Each clause should be concise, measurable, and aligned with the parties' escrow and financing timelines.

Possession Term

Start and end dates for occupancy, conditions for early termination, and the relationship between possession dates and scheduled closing or settlement.

Consideration

Amount and timing of any possession fee or rent, how the fee will be credited at closing, and whether funds are held in escrow as a security holdback.

Insurance & Indemnity

Buyer must carry property and liability insurance naming seller as additional insured when possible, and indemnify seller for occupant-caused loss until title passes.

Maintenance & Repairs

Who is responsible for routine maintenance, emergency repairs, and who pays for damage caused by the occupying buyer or their guests.

Title Contingency

Confirm that the possession agreement does not waive buyer’s title, financing, or inspection contingencies and set procedures if those contingencies fail.

Default & Remedies

Remedies for breach such as eviction, holdback forfeiture, accelerated closing requirements, and allocation of legal fees for enforcement.

Step-by-step: creating and executing the agreement

Follow these sequential steps to draft, approve, sign, and implement a possession agreement that complements the purchase contract and escrow instructions.

01

Draft terms: Define dates, fees, insurance, access, and holdback amounts clearly.
02

Review with counsel: Have closing attorney or broker verify consistency with purchase contract and lender requirements.
03

Obtain signatures: Sign electronically or wet-sign as allowed; obtain proof of insurance before occupancy.
04

Implement occupancy: Coordinate move-in inspection, keys, and confirmation that utilities are active.

How the possession arrangement is implemented in practice

The operational flow ties the possession terms to escrow and closing processes so the seller retains title while the buyer assumes occupancy obligations.

Coordinate with escrow: Escrow holds any security deposit or possession fee per agreement.
Confirm insurance: Buyer provides proof of required coverage before taking possession.
Document condition: Perform a move-in inspection and record pre-existing damage.
Monitor contingencies: Keep closing and financing contingencies active until title transfers.

Digital workflow settings for online completion and signature

Configure these settings when completing the agreement electronically to ensure authentication, trackability, and reproducible records.

Field	Configuration
Signature Fields	Place signer name, signature, and date fields for each party.
Authentication	Require email verification or SMS code for attribution.
Reminders	Enable automated signing reminders and expiration notices.
Routing	Set signer order: broker → seller → buyer → closing attorney.

Technical requirements for e-signing and file formats

Use a secure eSignature platform that produces audit trails and stores signed PDFs in industry formats.

File formats: Accept PDF and Word DOCX for editable templates.
Integrations: Support for CRM and escrow integrations such as Salesforce and NetSuite.
Authentication: Provide email, SMS, or advanced signer authentication options.

Ensure the chosen platform preserves timestamps, signer attribution, and an audit trail so the executed agreement is reproducible for escrow and title review.

Key milestones from agreement to closing

Track these sequential milestones to coordinate possession, inspections, escrow holdbacks, and final settlement.

01

Offer Accepted

Purchase contract executed and escrow opened; triggers possession discussions.

02

Possession Agreement Signed

Parties sign the possession terms and deliver any required holdback funds.

03

Buyer Moves In

Move-in inspection performed, proof of insurance provided, utilities transferred as agreed.

04

Closing / Settlement

Title transfers, escrow releases holdback or applies credits as directed.

Typical dates and payment schedule items to include

Explicit dates and payment triggers reduce disputes; include how and when funds held for possession will be released or applied.

Possession Start:

Date buyer may occupy; align with escrow and insurance proof.

Possession End:

Date occupancy terminates or converts at closing.

Holdback Release:

Conditions and date when escrowed possession funds are released.

Monthly Payments:

If applied, state amount, due date, and late payment remedies.

Closing Date:

Scheduled settlement date; possession normally ends or is credited here.

Essential information to collect and verify

Property Address: Full address

Legal Description: Recorded parcel description

Buyer Legal Name: Exact name on ID

Seller Legal Name: Name on title

Possession Dates: Start and end dates

Consideration Amount: Exact dollar value

Common legal and financial risks to address

Loss of Deposit: Forfeiture if buyer breaches

Liability Exposure: Injury claims during occupancy

Title Problems: Unresolved liens affecting transfer

Insurance Gaps: Insufficient coverage for damage

Zoning Violations: Use restrictions discovered post-occupancy

Enforcement Costs: Eviction and legal fees

Frequent drafting and execution mistakes to avoid

Vague possession dates or ambiguous 'move-in' language that creates disputes when closing is delayed or rescheduled.
Failing to require proof of insurance naming the seller as additional insured before occupancy commences.
Not coordinating the possession agreement with lender requirements or escrow instructions, risking disapproval by the buyer's lender.
Omitting inspection and condition documentation at move-in, which complicates repair and damage claims after possession.

How others have used possession agreements in closing workflows

Real-world examples show how early occupancy can be managed while preserving closing protections and reducing friction between parties.

Martin Properties — Tim Martin

A regional broker needed consistent templates for buyers moving in early

Used a standardized possession addendum to document fees and inspections
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Fertility Centers of Illinois — John Butler

An operations leader used electronic signing to speed approvals across stakeholders

Reduced turnaround for possession paperwork in complex transactions
"The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company."

Comparing eSignature vendors for possession agreements

Select an eSignature provider that supports audit trails, required authentication, and integrations with escrow or title workflows. Pricing varies by plan and usage model.

	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, no credit card required	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about possession before closing

These answers address common legal, timing, and execution questions encountered when buyers occupy property before title transfers.

Need help? Contact support

Can this agreement be electronically signed?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA where adopted. Confirm the state does not require additional formalities for the specific document being executed.
Does early possession transfer title?
No. Possession agreements typically grant physical occupancy only; legal title remains with the seller until closing. The agreement should expressly state it does not convey title or terminate title contingencies.
Who must provide insurance before move-in?
Buyers should provide proof of property and liability insurance naming seller as additional insured where practicable. Requiring insurance avoids coverage gaps and assigns risk for occupant-caused loss.
What happens if closing is delayed?
The agreement should specify extensions, additional fees, continued insurance obligations, and when holdbacks are adjusted. If contingencies fail, include return of possession procedures and possible holdback forfeiture.
Are notarization or witnesses required?
Possession agreements are typically contract documents; notarization is not universally required. However, deeds and instruments that transfer title require notarization and in some states witness signatures. Verify state rules before finalizing.
How can the agreement be revoked or canceled?
Include clear termination and revocation clauses describing notice requirements, deadlines, and how escrowed funds or holdbacks will be returned or applied in the event of cancellation.

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