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MLS Purchase Agreement

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MLS PURCHASE AGREEMENT

This MLS Purchase Agreement (the "Agreement") is made between the Buyer and Seller identified below for the purchase and sale of the real property described in Section 2. The parties agree that this Agreement constitutes a binding contract upon execution in accordance with its terms and subject to the contingencies specifically set forth herein.

1. Parties

2. Property Identification

3. Purchase Price and Payment

Purchase Price: $ payable as follows:

Buyer shall obtain written mortgage commitment or evidence of funds by: . Failure to obtain such commitment by this date is a financing contingency subject to termination as provided in Section 6.

4. Contingencies and Inspections

Inspection Period: Buyer shall have days from receipt of accepted Agreement to complete inspections and deliver written notice of unsatisfactory conditions, if any. Inspection objection deadline: .

Appraisal Contingency: Buyer shall obtain an appraisal satisfactory to Buyer by . If appraisal is less than Purchase Price, parties shall have rights to renegotiate or terminate as set forth herein.

5. Closing and Possession

Closing Date: Closing shall occur on or before (the "Closing Date"), subject to timely satisfaction of contingencies and delivery of documents required for transfer of title.

Possession Date: Buyer shall take possession on , subject to any rights retained by Seller as expressly provided in this Agreement.

6. Title, Survey, and Prorations

Seller shall deliver marketable title subject only to permitted encumbrances. Title insurance commitment shall be delivered to Buyer by . Costs for standard owner's title insurance shall be paid by .

Prorations: Property taxes, HOA assessments, rents, and other recurring items shall be prorated as of the Closing Date in accordance with local custom.

7. Personal Property; Inclusions and Exclusions

8. Disclosures

Lead-Based Paint (if applicable): Seller represents that regarding the property: Yes No

Known Mold or Environmental Conditions: Yes No

Prior Structural Damage or Repairs: Yes No

9. Default and Remedies

If Buyer fails to complete the purchase in accordance with this Agreement (and Buyer’s failure is not excused under the terms hereof), Seller may elect to retain the earnest money as liquidated damages or seek specific performance or other remedies at law or in equity. If Seller fails to convey marketable title as required, Buyer may seek specific performance, terminate this Agreement and receive return of the earnest money, or pursue other remedies provided by law.

10. Risk of Loss

Risk of loss for damage to the property prior to closing shall be borne by Seller. If material damage occurs prior to closing, Buyer may elect to terminate this Agreement and receive a refund of earnest money or require Seller to repair or obtain insurance proceeds as a condition to closing.

11. Representations and Warranties

Seller represents that Seller is the lawful owner with authority to sell the Property, that there are no undisclosed liens or encumbrances except as specifically disclosed to Buyer, and that all representations in Seller’s disclosures are true and correct to Seller’s knowledge as of the date of closing.

12. Broker Commissions

Commissions payable to listing and selling brokers, if any, shall be paid as agreed in separate brokerage agreements. The payment of broker commissions shall not affect Buyer’s obligations under this Agreement.

13. Miscellaneous

Notice: Any notice required or permitted shall be in writing and delivered to the contact information provided herein and shall be effective upon receipt. Amendments: This Agreement may be amended only by a written instrument signed by both parties.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. Entire Agreement: This Agreement, together with any addenda and attachments signed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements.

14. Acknowledgements

Buyer acknowledges receipt of Seller’s disclosures (if any) and an opportunity to inspect the Property. Buyer acknowledges that Buyer accepts the Property subject to the terms and contingencies set forth in this Agreement.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

Enter text✕

What the MLS Purchase Agreement Covers

The MLS Purchase Agreement is a standardized residential real estate contract used to record the terms of a buyer's offer and a seller's acceptance when a property listed on the Multiple Listing Service is sold. It sets the purchase price, deposit and financing terms, contingencies, closing and possession dates, included fixtures and personal property, and instructions for escrow and title. Agents, brokers, lenders, escrow/title companies, and both parties rely on the agreement to coordinate inspections, appraisals, disclosures, and recording so the transaction can proceed to closing with a clear allocation of responsibilities and timelines.

Why a Clear MLS Purchase Agreement Matters

A well-drafted MLS Purchase Agreement reduces ambiguity, documents mutual expectations, and creates enforceable obligations between buyer and seller. It protects deposit funds, defines contingencies and deadlines, and helps avoid post-contract disputes by recording agreed terms for financing, property condition, and closing logistics.

Why a Clear MLS Purchase Agreement Matters

Who Typically Prepares and Signs This Agreement

Real estate professionals coordinate the document while both buyer and seller must review and approve the terms before signing.

  • Listing agents and brokers prepare the MLS-form agreement and present it to the seller for authorization.
  • Buyer and buyer’s agent negotiate price, contingencies, and closing terms before the buyer signs the agreement.
  • Title or escrow officers use the executed agreement to open escrow, order title work, and prepare closing statements.

Title and escrow officers, lenders, and any attorney representatives receive executed copies to complete closing tasks and record the deed.

Core Sections of a Professional MLS Purchase Agreement

A professional agreement organizes terms so every party understands pricing, timelines, contingencies, and post-closing obligations; accurate drafting reduces disputes and speeds closing.

Purchase Price

Exact dollar amount, allocation of seller credits, and method of payment, including earnest money deposit and escrow instructions to secure the offer.

Property Identification

Street address plus full legal description and parcel number where available so title and recording documents match the contract.

Earnest Money

Deposit amount, recipient escrow agent, due date, and conditions for return or forfeiture if contract is breached.

Contingencies

Inspection, financing, appraisal, and title contingencies with specific cure or removal timelines and conditions for contract termination.

Closing & Possession

Target closing date, possession timing, prorations for taxes and utilities, and instructions for deed delivery and recording.

Representations

Seller disclosures, warranties about property condition, and any buyer acknowledgements about buy-as-is terms or lead-based paint disclosures.

Step-by-Step: How to Complete the MLS Purchase Agreement

Follow these sequential steps to prepare, review, and execute a complete MLS Purchase Agreement that can proceed to escrow and closing.

  • 01
    Collect party details: Enter buyer and seller full names and contact information.
  • 02
    Set price and funds: Record purchase price, earnest deposit, and payment instructions.
  • 03
    Define contingencies: Specify inspection, financing, appraisal, and any removal deadlines.
  • 04
    Sign and distribute: Obtain signatures, deliver executed copies to escrow and title.

How to Configure an Online Completion Workflow

Map each contract field to a digital field type, set conditional rules, and include signer authentication to reduce rework and ensure auditability.

Field Configuration
Signature Field Required | signer-specific | timestamped
Date Field Auto-fill closing date or signer-populated MM/DD/YYYY
Conditional Contingency Show inspection clause only if buyer selects inspection option
Notifications Email alerts to agents, escrow, and lender on completion

Where to Send the Executed MLS Purchase Agreement

After execution, distribute certified copies to the listing agent, buyer’s agent, escrow/title, and lender to trigger opening escrow and ordering title and inspections.

  • Listing Agent: Retain final executed copy for seller records and MLS status updates.
  • Buyer Agent: Deliver copy to buyer and update buyer’s file and lender.
  • Title / Escrow: Provide to open escrow, order title search, and prepare closing documents.
  • County Recorder: Executed deed and related documents are recorded after closing and funding.

Digital Signing and Technical Requirements

Use platforms that produce an authenticated audit trail, support common file formats, and integrate with MLS and title workflows.

  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace, Procore
  • File formats: PDF and DOCX supported for recording and archival
  • Authentication: Email, SMS code, or stronger multi-factor options

Common MLS Purchase Agreement Deadlines to Track

Contracts are deadline-driven; record each due date with time zone and business-day rules so contingencies are timely removed or exercised.

Earnest Money Deadline:

Deposit due by a specified date, often within three business days of acceptance.

Inspection Period:

Buyer usually has a set number of days to inspect and request repairs or cancel.

Financing Contingency:

Deadline to secure loan approval and remove financing contingency per contract.

Appraisal Deadline:

Appraisal must be completed within the financing timeframe to proceed with lender funding.

Closing Date:

Mutually agreed date by which funding, deed execution, and recording occur.

Risks and Consequences of an Incorrect Agreement

Title Delay: Incorrect legal description delays recording
Lost Deposit: Improper contingency language risks forfeiture
Breach Claim: Ambiguous terms can trigger litigation
Financing Failure: Missing deadlines may void lender commitments
Recording Errors: Mismatched names cause re-recording
Closing Delay: Incomplete signatures postpone funding

Common Mistakes When Preparing the Agreement

  • Using an informal property description instead of the recorded legal description, which can delay title clearing and recording.
  • Entering inconsistent party names between contract, loan documents, and title order, leading to funding holds or re-documentation.
  • Failing to specify who pays particular closing costs and prorations, resulting in unexpected seller or buyer liabilities at closing.
  • Neglecting to set clear contingency removal dates and methods of notice, which creates disputes over whether contingencies were timely waived.

Real-World Examples of Online Execution

These examples show how digital signing and clear contract templates streamline MLS-based residential closings.

Tim Martin, Martin Properties

We moved to online execution for closings and reduced back-and-forth signatures.

  • SignNow supported mobile and offline signing.
  • As a result, Tim processed and executed documents online with consistent security and compliance, enabling faster closings and better buyer experience.

Brian Fitzgibbons, Optica Ventures LLC

The interface is simple for agents and clients.

  • Templates reduced rekeying and errors.
  • Brian highlights that simplicity for staff and customers improved turnaround and minimized manual corrections during escrow.

Security and Compliance Considerations

Encryption in Transit: TLS 1.2/1.3
Encryption at Rest: AES-256
Certifications: SOC 2 Type II and ISO 27001
Privacy Standards: GDPR and CCPA compliance frameworks
E-signature Law: ESIGN and UETA recognition
Health Data: HIPAA compliance available with BAA

eSignature Pricing Comparison for MLS Purchase Agreement Workflows

Compare starting prices and core delivery limits across common eSignature vendors; signNow appears first to match record and integration needs.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
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 MLS Purchase Agreements and eSigning

Answers to common practical and legal questions when preparing, signing, and storing MLS Purchase Agreements in the United States.


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