Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes adopted in nearly every state. Confirm exceptions such as certain wills or court filings that remain excluded.

Is notarization always required?

A notarized signature is typically required for deeds to be accepted for recording in many jurisdictions. Notarization requirements vary by state; check local recorder rules for deed acknowledgements and witness necessities.

What if a name is entered incorrectly?

Mismatched names can delay title insurance and recording. Corrective steps include an amendment, affidavit of identity, or restatement signed by the proper party; counsel should advise on the least disruptive remedy.

How do I correct the agreement after signing?

Material changes generally require an amendment or mutual rescission signed by all original parties. Minor clerical corrections may be documented via signed addendum agreed to by both parties.

Who must sign for an entity?

An authorized officer, manager, trustee, or attorney-in-fact must sign and by signing certify their authority; attach corporate resolutions or POAs as proof of authority.

How long should I keep the executed agreement?

Retain the fully executed agreement for the active term plus at least three years; tax and industry rules may require longer retention (see IRC §6501(a) and 45 CFR §164.530(j) for HIPAA).

Electronic Signature
Templates
Real estate
Purchase & Sale Agreement

Purchase & Sale Agreement

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PURCHASE & SALE AGREEMENT

Parties and Effective Date

This Purchase & Sale Agreement (the "Agreement") is made and entered into by and between:

Seller Name: Seller Contact (Address and Phone): Buyer Name: Buyer Contact (Address and Phone):

Effective Date: (the "Effective Date")

Property

Property to be sold (the "Property"):

Street Address: Parcel / APN Number: Legal Description:

Purchase Price & Payment

Purchase Price: $ payable as provided below.

Earnest Money Deposit:

Earnest money shall be held in escrow by: and applied to the Purchase Price at closing, subject to the terms of this Agreement.

Financing

This Agreement is: Cash (no financing contingency) Contingent upon Buyer obtaining financing

If contingent, loan type and principal amount:

Buyer shall deliver written notice of loan approval or denial to Seller on or before . If Buyer fails to timely deliver notice, Seller may elect remedies as provided herein.

Inspections & Due Diligence

Buyer shall have a period of days from Effective Date (the "Inspection Period") to conduct inspections and investigations of the Property. Seller shall provide reasonable access.

Buyer’s Requested Repairs or Credits (if any):

If Buyer notifies Seller of material defects within the Inspection Period, parties shall attempt in good faith to agree on repairs or credits. If no agreement is reached within days, either party may terminate this Agreement pursuant to the termination provisions below.

Title, Closing & Possession

Closing shall occur on or before at unless extended by mutual written agreement.

Title shall be conveyed by general warranty deed (or other appropriate deed) free of liens and encumbrances except those accepted by Buyer. Title costs and escrow fees shall be allocated as follows: Seller pays ; Buyer pays .

Possession shall be delivered to Buyer on subject to existing leases and tenancies disclosed in writing.

Prorations & Risk of Loss

Real estate taxes, rents, utilities and similar items shall be prorated as of the Closing Date. Risk of loss or damage to the Property by casualty shall remain with Seller until Closing; if material damage occurs prior to Closing Buyer may elect to terminate or proceed with an adjustment to Purchase Price.

Representations, Warranties & Disclosures

Seller represents and warrants that Seller is the lawful owner with authority to sell the Property, and there are no undisclosed material liabilities affecting the Property except as disclosed in writing. Buyer acknowledges reliance on its own inspections subject to Seller’s written disclosures below.

Disclosures (check Yes or No for each):

Lead-based paint present? Yes No

Mold or water intrusion history? Yes No

Prior material structural damage or repairs? Yes No

Seller Additional Disclosures / Comments:

Default, Remedies & Damages

If Buyer defaults, Seller may retain the earnest money as liquidated damages or pursue specific performance or other remedies permitted by law. If Seller defaults, Buyer may seek return of earnest money, damages, specific performance, or other remedies. Prevailing party to any litigation shall be entitled to recover reasonable attorneys' fees and costs.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth in this Agreement or to such other address as a party designates in writing. A notice is effective upon personal delivery or three (3) days after deposit in the U.S. mail, postage prepaid, addressed to the receiving party.

Miscellaneous Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located.

Entire Agreement: This Agreement, together with any schedules and exhibits attached hereto, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements. This Agreement may be amended only by written instrument signed by both parties.

Assignment: Neither party may assign its rights under this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld.

Additional Terms and Conditions:

Acknowledgment

Each party represents that it has authority to enter into this Agreement, that it has read and understands the terms contained herein, and that it has had the opportunity to seek independent legal counsel.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What a Purchase & Sale Agreement Is and when it's used

A Purchase & Sale Agreement is a written contract that records the negotiated terms for transferring ownership of real property between a buyer and a seller. It sets the purchase price, deposit (earnest money), contingencies (inspections, financing, title review), closing date, and allocation of closing costs. In the United States this agreement establishes binding obligations once properly executed by authorized parties and often triggers escrow, title search, and recording processes required to convey legal title.

Why a clear Purchase & Sale Agreement matters

A well-drafted agreement clarifies rights and responsibilities, reduces dispute risk, and documents conditions precedent to closing. It creates a durable record for escrow, title, lender underwriting, and post-closing obligations.

Primary users and participants

Other contributors include attorneys, surveyors, and inspectors who supply attachments or condition reports referenced by the agreement.

Buyer or buyer's agent who negotiates terms and secures financing for closing.
Seller or listing agent who provides disclosures, property information, and acceptance conditions.
Title company, lender, and escrow officer who review terms, handle funds, and arrange recording.

Who may sign on behalf of a party

Buyer — Authorized Signer

An individual buyer signs in their personal capacity or a corporate buyer signs through an officer with authority. If signing for an entity, attach corporate resolution or authority document to show signatory power; agents require notarized Power of Attorney when used.

Seller — Authorized Signer

The seller signs directly or through an authorized representative such as a trustee or corporate officer. For trusts, estates, or LLCs include documentation proving the signer has authority to convey the property.

Essential components to include in the agreement

A professional Purchase & Sale Agreement is organized around core contractual sections that allocate risk and describe the transaction mechanics.

Parties

Full legal names and capacities for buyer and seller, including entity type and identification for trusts or corporations.

Property Description

Complete legal description and street address; parcel number if available; attachments may include plats or surveys.

Purchase Price

Total consideration, allocation (cash vs. financing), earnest money amount, and escrow instructions for holding deposits.

Contingencies

Inspection, financing, appraisal, title review, and sale-of-buyer contingencies with clear cure or termination timelines.

Closing Terms

Scheduled closing date, place of closing, proration rules for taxes and HOA dues, and possession timing.

Representations & Warranties

Seller and buyer statements about condition, authority, legal compliance, and any exclusions or indemnities.

Required data elements at a glance

Buyer name: Full legal name

Seller name: Full legal name

Property ID: Legal description

Purchase price: Numeric amount

Earnest money: Deposit amount

Closing date: MM/DD/YYYY

Step-by-step: completing and executing the agreement

Follow a clear sequence from drafting through closing to avoid missed deadlines and funding issues.

01

Draft document: Populate parties, legal description, price, and contingencies.
02

Negotiate terms: Exchange revisions, finalize repair or credit items, and confirm contingency periods.
03

Execute signatures: All authorized signers sign and date; include notarization or witness where required.
04

Close and record: Escrow completes funding, deed is recorded, and possession transfers per agreement.

How to configure an online signing workflow

Set up signer order, authentication, and conditional fields to mirror the offline process and preserve legal intent.

Field	Configuration
Signer order	Sequential or parallel signing order
Authentication	Email link, SMS code, or KBA as needed
Conditional fields	Show/hide sections based on responses
File formats	Accept PDF, DOCX; produce signed PDF

Where signed agreements are typically routed

After execution route the final signed agreement to the parties and transaction stakeholders according to closing procedures.

Title / Escrow: Receives executed contract, coordinates escrow and closing funds.
County Recorder: Records the deed after closing to effect the title transfer.
Lender: Receives copies for underwriting and funding conditions.
Buyer & Seller: Each party keeps a signed copy for their records and post-closing obligations.

Digital signing considerations and file compatibility

Ensure the chosen solution can export ISO-compatible signed PDFs, provide a tamper-evident audit trail, and retain records per regulatory retention rules.

File formats: PDF and DOCX support
Integrations: Works with title systems, CRMs, and cloud storage
Authentication: Supports email, SMS, and advanced methods

Common deadlines and timing to track

Track contingency and funding deadlines precisely; missed dates frequently enable termination or permit default remedies.

Earnest money deposit:

Due as stated, often within 3 business days of acceptance

Inspection deadline:

Buyer to complete inspections and notify seller by stated date

Financing contingency:

Date by which buyer must secure loan approval

Title objection period:

Time to review title report and raise exceptions

Closing date:

Date for funding, signing closing documents, and recording

Key transaction milestones from offer to recording

A concise milestone sequence helps teams coordinate inspections, lender conditions, and final funding.

01

Offer accepted

Contract signed by buyer and seller; earnest money instructed to escrow.

02

Due diligence

Inspections and disclosures completed; negotiations on repairs or credits.

03

Financing cleared

Loan underwriting and appraisal are satisfied and conditions cleared.

04

Closing and recording

Funds transferred, deed recorded, and possession delivered per agreement.

Common mistakes to avoid when preparing the agreement

Using an incomplete legal description or incorrect parcel number that delays title insurance issuance and recording.
Mismatched party names between the agreement and title documents, which can cause underwriting exceptions.
Failing to specify deadlines as calendar versus business days, leading to missed contingency cutoffs.
Omitting attachments (disclosures, survey) referenced in the contract, causing ambiguity at closing.

Consequences of errors or contract breaches

Deposit forfeiture: Buyer may lose earnest money

Breach damages: Monetary liability for non-performance

Title defects: Delays, additional cure costs

Recording delays: Risk of competing grantee claims

Tax implications: Capital gains and prorations affected

Failed financing: Contract termination or renegotiation

Real-world examples of online execution in property transactions

Practitioners report streamlined workflows when documents are prepared, routed, and signed digitally with clear audit trails.

Optica Ventures

Brian Fitzgibbons found the interface simple and easy to use for teams and customers.

The contract routing was faster than paper.
As a result, turnaround time for signed offers shortened and client coordination improved without added complexity.

Martin Properties

Tim Martin processed and executed documents online with full compliance and security.

He closed deals remotely.
This enabled property transactions to complete efficiently while preserving records for audits and title clearance.

Select eSignature vendor comparison for Purchase & Sale workflows

Comparing typical pricing and core capabilities can guide platform decisions for high-volume real estate workflows; signNow is listed first per table convention.

	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 free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Purchase & Sale Agreements

Answers to common practical and legal questions about execution, notarization, and post-signing changes.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes adopted in nearly every state. Confirm exceptions such as certain wills or court filings that remain excluded.
Is notarization always required?
A notarized signature is typically required for deeds to be accepted for recording in many jurisdictions. Notarization requirements vary by state; check local recorder rules for deed acknowledgements and witness necessities.
What if a name is entered incorrectly?
Mismatched names can delay title insurance and recording. Corrective steps include an amendment, affidavit of identity, or restatement signed by the proper party; counsel should advise on the least disruptive remedy.
How do I correct the agreement after signing?
Material changes generally require an amendment or mutual rescission signed by all original parties. Minor clerical corrections may be documented via signed addendum agreed to by both parties.
Who must sign for an entity?
An authorized officer, manager, trustee, or attorney-in-fact must sign and by signing certify their authority; attach corporate resolutions or POAs as proof of authority.
How long should I keep the executed agreement?
Retain the fully executed agreement for the active term plus at least three years; tax and industry rules may require longer retention (see IRC §6501(a) and 45 CFR §164.530(j) for HIPAA).

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