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FHA Purchase Agreement

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FHA PURCHASE AGREEMENT

Parties

Property Identification

Purchase Terms

Purchase Price: $ . Earnest Money Deposit: $ payable to within days of acceptance.

Buyer to obtain FHA loan in the amount of $ (or such lesser amount as Buyer elects). Buyer shall apply for FHA financing and use diligent good-faith effort to obtain financing within days from acceptance. FHA Case Number (if assigned):

Buyer’s obligation is contingent upon an appraisal acceptable to FHA and satisfactory compliance with FHA Minimum Property Standards (MPS). If the FHA appraisal or required repairs exceed a total of $ or Seller refuses to complete FHA-required repairs, Buyer may terminate and receive return of earnest money or elect to accept a negotiated credit from Seller.

Buyer shall have days from acceptance to complete inspections, including general, wood-destroying organism, and other inspections. Buyer shall notify Seller in writing of any objections within the inspection period; failure to timely object constitutes waiver of objections except latent defects.

Closing Date: . Possession to Buyer on unless otherwise agreed in writing.

Taxes, rents, and utilities shall be prorated as of Closing. Seller agrees to pay customary seller closing costs and the following concessions to Buyer: $ (describe payment at or prior to closing).

Disclosures

Lead-Based Paint (Property built before 1978): Yes No

Seller represents there are known material defects, structural damage, or unpermitted work: Yes No If Yes, describe:

Property in designated flood zone: Yes No

Contingencies, Repairs & Remedies

If Buyer defaults, Seller may retain earnest money as liquidated damages or pursue specific performance and other remedies as permitted by law. If Seller defaults, Buyer may elect return of earnest money or seek specific performance. Any dispute arising under this Agreement shall be governed by the law of the state where the Property is located.

Seller agrees to complete all repairs required by the FHA appraisal prior to closing, or, with Buyer’s written consent, to provide a negotiated credit at closing to address required repairs. If repairs are not completed and no agreement is reached, Buyer may terminate and receive return of earnest money.

Representations and Warranties

Seller represents that Seller is the lawful owner of the Property, has authority to sell, and that there are no known undisclosed liens or encumbrances except as disclosed in writing. Buyer acknowledges Buyer will apply for FHA financing in good faith and that FHA underwriting requirements may require additional documentation, repairs, and approvals prior to loan endorsement.

Miscellaneous

This Agreement, attachments, and any written addenda constitute the entire agreement between the parties and supersede all prior negotiations and agreements. Amendments must be in writing and signed by both parties. Time is of the essence with respect to all dates and deadlines set forth herein.

Buyer:

By:

Date:

Seller:

By:

Date:

Enter text✕

What the FHA Purchase Agreement Is and How It’s Used

An FHA Purchase Agreement is a bilateral real estate contract tailored for transactions involving Federal Housing Administration (FHA) financing. It documents the buyer and seller commitments, purchase price, deposit and closing timeline, and FHA-specific contingencies such as appraisal and property condition requirements. The agreement often includes clauses addressing required repairs, FHA appraisal outcomes, financing contingency removal, and occupancy requirements. Sellers, buyers, real estate agents, and lenders rely on it to allocate risk and set milestone dates leading to title transfer and closing under FHA program rules.

Why a Clear FHA Purchase Agreement Matters

A well-drafted FHA Purchase Agreement protects parties by specifying financing contingencies, inspection and repair responsibilities, and timelines tied to FHA appraisal and loan conditions.

Why a Clear FHA Purchase Agreement Matters

Common Parties Who Prepare or Sign an FHA Purchase Agreement

Typical users include the buyer and seller, their real estate agents, and the lender supporting FHA financing; each party has distinct responsibilities in the document.

  • Buyers and co-buyers who obtain FHA-insured financing and must meet FHA property and occupancy requirements.
  • Sellers and listing agents who must disclose property condition and agree to FHA appraisal contingencies.
  • Lenders, mortgage brokers, and closing agents who verify FHA case numbers, appraisal outcomes, and loan conditions.

Agents and attorneys may draft or review clauses to align the contract with HUD/FHA expectations and applicable state real estate rules.

Step-by-step: Completing an FHA Purchase Agreement

Follow an ordered process to reduce errors and keep the FHA timeline on track.

  • 01
    Identify Parties: Enter full legal names exactly as shown on ID and loan documents.
  • 02
    Describe Property: Use full street address and legal description where available.
  • 03
    State Financing Terms: Include purchase price, loan type (FHA), and earnest money specifics.
  • 04
    Add Contingencies: Specify FHA appraisal, inspection, and financing contingency removal dates.

Essential clauses to include in an FHA Purchase Agreement

Ensure the contract includes clauses that reflect FHA program requirements and allocate responsibilities for appraisal results, repairs, and financing.

Purchase Terms

Defines price, earnest money, seller concessions, and payment structure so the lender and title company can prepare closing statements and underwriting documents.

Financing Contingency

Specifies loan type (FHA), timeline to obtain a loan commitment, and remedies if the buyer cannot secure FHA financing.

Appraisal and Repairs

States who handles repairs required by the FHA appraisal, deadlines for completion, and whether credits or price adjustments are acceptable.

Inspections

Authorizes inspections (general, pest, and specialized) and sets deadlines for buyer objections and seller responses.

Title and Closing

Allocates responsibility for securing clear title, payoff of liens, and selection of the settlement agent or title company.

Occupancy and Assignment

Affirms buyer’s occupancy intent per FHA rules and addresses any assignment or resale restrictions required by HUD.

Required data elements at a glance

Buyer Name: Full legal name
Seller Name: Full legal name
Property: Street address
Purchase Price: Exact dollar value
FHA Case No.: Lender-provided number
Signatures: Sign and date

Common mistakes to avoid when preparing the agreement

  • Using informal or inconsistent party names that do not match loan or title documents, causing underwriting or title defects.
  • Failing to include a clear FHA appraisal contingency, which can leave parties uncertain about repair or credit obligations.
  • Leaving critical dates blank or ambiguous, such as closing or contingency removal dates, which can void time-sensitive protections.
  • Omitting the FHA case number or misstating loan type, delaying appraisal ordering and loan processing.

Consequences of an incorrect or incomplete FHA Purchase Agreement

Contract Breach: May trigger damages or specific performance
Loss of Deposit: Earnest money can be forfeited
Appraisal Failure: Buyer may rescind or renegotiate
Financing Collapse: Loan denial could terminate the deal
HUD Noncompliance: May affect FHA insurability
Tax Reporting: Incorrect closing data affects IRS filings

Where the FHA Purchase Agreement goes after signing

A clear routing plan helps the lender, escrow, and title company complete underwriting and closing without delays.

  • Deliver to Lender: Lender receives executed contract to order appraisal and start underwriting.
  • Send to Title: Title company opens file and searches for liens and encumbrances.
  • Escrow Deposit: Escrow holder receives earnest money per contract terms.
  • File Retention: Signed copy stored with settlement agent and lender records.

Digital signing and file formats for FHA transactions

Use secure PDF or DOCX formats and maintain an audit trail to satisfy lenders and title companies when e-signing.

  • File Formats: PDF and DOCX supported
  • Authentication: Email, SMS, or higher assurance available
  • Integrations: Works with title and loan workflows

Ensure e-signed documents include an audit trail with timestamps and signer attribution; lenders may require printed copies for underwriting or submission to HUD as part of the loan file.

Typical online workflow settings for FHA Purchase Agreements

Configure signing order, field types, and authentication to mirror the offline closing process.

Field Online Setting
Signer Order Buyer then seller then agent
Field Types Signature, initials, date, text
Authentication Email link or SMS code
Reminders Auto reminders every 48 hours

Key deadlines commonly defined in the agreement

Specify absolute dates and relative timeframes to prevent disputes and support lender timelines.

Earnest Money Due:

Date by which deposit is delivered to escrow

Inspection Period:

Number of days buyer has for inspections and objections

Appraisal Deadline:

Deadline to complete FHA appraisal and report

Loan Commitment:

Date by which buyer must obtain loan approval

Closing Date:

Actual settlement date for title transfer

eSignature vendor comparison for executing FHA Purchase Agreements

Key pricing and capability differences among common eSignature providers; signNow appears first per platform comparison conventions.

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
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about FHA Purchase Agreements

Answers to common practical and legal questions encountered when preparing or executing an FHA Purchase Agreement.


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