Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the parties consent and the record is retained in a reproducible form.

Is notarization required for the deed or signatures?

Notarization is typically required for deed acknowledgments before recording. Requirements vary by state; check the county recorder or state notary rules for specifics.

What happens if a deadline is missed?

Missing a contract deadline can waive contingencies or constitute a breach, enabling remedies such as deposit forfeiture or termination depending on contract language.

Who must sign when an entity sells property?

An authorized officer or manager must sign with a statement of authority; provide corporate resolution or LLC authorization to avoid title company objections.

How should supporting documents be submitted?

Attach disclosures, survey, title commitment, and HOA documents as exhibits. Use PDF format for stable rendering and preserve metadata for title review.

Can the agreement be revoked after signing?

Revocation depends on contract terms and state law; mutual rescission or express termination clauses are common mechanisms to cancel prior to closing.

Electronic Signature
Templates
Real estate
Real Estate Agreement of Purchase and Sale

Real Estate Agreement of Purchase and Sale

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

REAL ESTATE AGREEMENT OF PURCHASE AND SALE

This Agreement of Purchase and Sale (the Agreement) is entered into on by and between:

Parties

Buyer Buyer Contact Information Seller Seller Contact Information

Property

Property Address: Parcel / APN:

Legal Description

Purchase Price and Payments

Purchase Price (USD) Earnest Money Deposit

Deposit to be delivered to: on or before

Financing Contingency

This Agreement is: Subject to Buyer obtaining financing within days of acceptance.

If Buyer fails to deliver a written notice of loan denial within the contingency period, the contingency is deemed waived by Buyer.

Inspection and Due Diligence

Buyer shall have a period of days from acceptance (Inspection Period) to conduct inspections, investigations, and tests, at Buyer's expense.

Inspection Notice

Closing and Possession

Closing Date: Possession to Buyer on:

Closing shall occur at the escrow or title company designated by the parties. At closing, Seller shall deliver marketable title by general warranty deed, subject only to agreed exceptions.

Title, Prorations and Closing Costs

Title to be good and marketable at closing. Taxes, assessments, rents, interest, and other customary items shall be prorated as of the Closing Date. Seller shall pay for:

Seller to pay Buyer to pay

Personal Property and Fixtures

The following personal property is included in the sale at no additional cost:

Disclosures

Seller represents the following disclosures to the best of Seller's knowledge:

Lead-Based Paint (if applicable): Yes No

Known Mold or Water Intrusion: Yes No

Material Structural Damage or Prior Repairs: Yes No

Additional Disclosures / Explanations

Representations, Warranties and Covenants

Seller warrants that Seller is the lawful owner of the Property and has full authority to sell. Buyer warrants that Buyer has the authority to enter this Agreement. Each party covenants to execute all documents reasonably required to consummate the transaction.

Default and Remedies

If Buyer defaults, Seller may retain the earnest money as liquidated damages, seek specific performance, or pursue other remedies at law or equity. If Seller defaults, Buyer may elect to receive a return of earnest money, seek specific performance, or pursue other remedies. Remedies are cumulative and not exclusive.

Indemnity and Risk of Loss

From acceptance until closing, risk of loss remains with Seller. Seller agrees to maintain the Property in substantially the same condition and to disclose any material change. Each party shall indemnify the other for losses arising from breach of representations in this Agreement.

Notices

Notice Address for Buyer Notice Address for Seller

Notices must be in writing and delivered to the addresses above by hand, overnight courier, or certified mail. Notices are effective upon receipt.

Governing Law and Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, including all attachments and addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements.

Miscellaneous Provisions

Time is of the essence. Headings are for convenience only and do not affect interpretation. If any provision is held invalid, the remainder shall remain in effect. Costs and attorneys' fees incurred in enforcing this Agreement shall be awarded to the prevailing party.

Additional Terms and Conditions

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Agreement of Purchase and Sale Is

A Real Estate Agreement of Purchase and Sale is a written contract that records the terms for the transfer of real property between buyer and seller. It sets purchase price, deposit amount, financing and inspection contingencies, closing date, items included in the sale, and conditions for termination. Once executed by authorized parties it creates binding obligations subject to state property and contract law and typically governs title transfer and closing logistics.

Why a Clear Agreement Protects Both Parties

A complete Purchase and Sale agreement reduces ambiguity, allocates risks, fixes critical dates, and creates enforceable remedies for default. It preserves deposit handling, defines contingency removal, and guides closing procedures to reduce disputes and last-minute delays.

Typical Users and When They Need This Agreement

Who completes this form depends on the transaction: buyers, sellers, brokers, lenders, and closing agents all interact with the agreement at different stages.

Buyers and buyer agents preparing offer terms and contingencies for a property purchase.
Sellers and listing agents responding to offers and documenting accepted sale conditions.
Title companies and lenders reviewing terms for underwriting, title commitments, and closing logistics.

Each participant relies on accurate information and signatures to preserve rights, satisfy financing, and enable a timely closing.

Representative Signers and Their Roles

Buyer — Individual

An individual buyer signs to accept purchase terms, reserves rights under contingencies, and typically provides the earnest money deposit. If financing is used, the buyer's obligations are conditional on loan approval and appraisal results.

Seller — Entity

A corporate or LLC seller must ensure the signatory has authority, disclose material facts, and coordinate with title and closing agents to deliver marketable title and required disclosures at closing.

Essential Elements to Include in a Professional Agreement

A well-drafted Purchase and Sale agreement organizes transaction mechanics, protections, and closing obligations so all parties and third-party service providers can act without ambiguity.

Purchase Price

State the exact dollar amount, deposit schedule, and acceptable forms of payment to avoid disputes at closing.

Contingencies

Detail financing, inspection, appraisal, and title contingencies with firm removal deadlines and consequences for unmet conditions.

Property Description

Use the legal description from the deed or title commitment; street address alone is insufficient for conveyancing.

Closing Date

Specify the date, location, and who is responsible for coordination and costs associated with closing.

Prorations and Costs

Allocate property taxes, HOA dues, utilities, and closing costs so settlement statements reconcile without last-minute adjustments.

Default Remedies

Clarify deposit forfeiture, specific performance, or damages to define remedies available if a party breaches the agreement.

Step-by-Step: Completing the Agreement

Follow these sequential steps to prepare, review, and execute a Purchase and Sale agreement with minimal rework.

01

Draft Offer: Populate all required fields and attach disclosures.
02

Deliver to Counterparty: Provide via email, secure link, or agent delivery.
03

Negotiate Terms: Address contingencies, repairs, and closing costs.
04

Execute and Close: Obtain required signatures, clear title, and process funds at closing.

Workflow Flow: From Offer to Closing

This simplified workflow shows primary handoffs and approvals required to move from signed agreement to completed closing.

Offer Submission: Buyer delivers signed offer to seller or listing agent.
Acceptance / Counter: Seller accepts or issues a counteroffer with revisions.
Contingency Fulfillment: Inspections, appraisal, and financing must be satisfied or waived.
Closing and Recording: Funds transferred, deed recorded, and keys delivered.

Typical Digital Setup for Online Completion

Configure a secure workflow so each signer receives fields in the correct order and required documents are attached for review.

Field	Configuration
Signer Order	Sequential or parallel signer routing
Authentication	Email + SMS code or ID verification
Attachments	Disclosures, property surveys, title reports
Audit Trail	Enable IP, timestamp, and action logs

Digital Signing and Integration Considerations

Verify that your eSignature platform supports required authentication, audit trails, and integrations with title or CRM systems before using it for real estate closings.

Authentication Options: Email, SMS, or KBA
Integrations: Salesforce, NetSuite, Google Workspace
File Formats: PDF, DOCX supported

Choose a platform that retains tamper-evident signed PDFs, preserves a detailed Audit Trail, and can export documents for title companies, lenders, and recorders.

Common Deadlines and Timing Expectations

Real estate contracts include several date-sensitive obligations; missing them can waive rights or trigger defaults.

Offer Expiration:

Specify an expiration time and date for the initial offer.

Inspection Period:

Complete inspections by the stated deadline or waive contingency.

Financing Approval:

Loan commitment deadlines must be met per the contract.

Closing Date:

Set the date, time, and place for settlement and transfer.

Recording Timeline:

Expect deed recording within days of closing, subject to county processing.

Key Transaction Milestones

Follow these numbered milestones in sequence to track progress from executed agreement to recorded deed.

01

1. Offer Accepted

Agreement executed and earnest money deposited.

02

2. Contingency Clearance

Inspections and financing resolved or waived.

03

3. Final Settlement

Closing statement prepared and funds arranged.

04

4. Recording

Deed recorded and ownership legally transfers.

Common Preparation Errors to Avoid

Incomplete legal description or wrong parcel ID causing title complications and delaying closing by days or weeks.
Using informal or inconsistent party names that do not match IDs or entity formation documents, triggering lender or title objections.
Vague contingency language without deadlines, which leads to disputes about timing and whether contingencies were properly removed.
Failure to attach mandatory disclosures or HOA documents results in statutory rescission rights in some jurisdictions.

Risks and Consequences of an Incorrect Agreement

Loss of Deposit: Buyer may forfeit earnest money

Contract Voidable: Material errors can void agreement

Title Delays: Defects delay recording

Tax Exposure: Incorrect reporting affects filings

Closing Failure: Deal collapse and costs

Liability Claims: Fraud or misrepresentation suits

eSignature Vendor Pricing and Feature Snapshot

Compare common eSignature pricing and capabilities for documents like Purchase and Sale agreements; signNow is listed first per vendor 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	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Yes (limited)
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes (BAA available)	Yes (BAA available)	No	No
Envelope Cap	No cap	100 envelopes/user/year limit	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About This Agreement

Answers to common legal, signing, and practical questions about executing a Real Estate Agreement of Purchase and Sale.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the parties consent and the record is retained in a reproducible form.
Is notarization required for the deed or signatures?
Notarization is typically required for deed acknowledgments before recording. Requirements vary by state; check the county recorder or state notary rules for specifics.
What happens if a deadline is missed?
Missing a contract deadline can waive contingencies or constitute a breach, enabling remedies such as deposit forfeiture or termination depending on contract language.
Who must sign when an entity sells property?
An authorized officer or manager must sign with a statement of authority; provide corporate resolution or LLC authorization to avoid title company objections.
How should supporting documents be submitted?
Attach disclosures, survey, title commitment, and HOA documents as exhibits. Use PDF format for stable rendering and preserve metadata for title review.
Can the agreement be revoked after signing?
Revocation depends on contract terms and state law; mutual rescission or express termination clauses are common mechanisms to cancel prior to closing.

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