Are electronic signatures legally binding?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and under UETA in states that adopted it, provided intent, consent, attribution, and record retention requirements are met.

Do deeds require notarization or witnesses?

Most states require a notary acknowledgement for deeds; witness requirements vary by state. Consult the county recorder and state law before recording; some states require one or two witnesses for specific instruments.

Can I fix an error after signing?

Minor clerical errors are typically fixed by an amendment or corrective affidavit executed by the parties. Material changes usually require a formal signed amendment or rescission and re-execution of the agreement.

How do I cancel or rescind the agreement?

Rescission depends on contract terms and contingencies. If a contingency permits termination, provide timely written notice per the agreement. Otherwise, cancellation may expose party to breach damages.

Who must sign for the buyer?

The individual or authorized signatory named as buyer on the agreement must sign. For entities, use the authorized officer or agent and include title and proof of authority if requested by title or lender.

How should signed agreements be stored?

Retain signed originals or certified electronic copies with audit trails. Follow IRS retention (IRC §6501(a)), HIPAA where applicable (45 CFR §164.530(j)), and any longer state-prescribed retention periods.

Electronic Signature
Templates
Real estate
Real Estate Buyer Signed Purchase and Sale Agreement

Real Estate Buyer Signed Purchase and Sale Agreement

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

REAL ESTATE PURCHASE AND SALE AGREEMENT — BUYER SIGNED

Parties

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

Buyer Name Buyer Contact Information Seller Name Seller Contact Information

Property Identification

Property Address:

Parcel / APN Number Legal Description

Purchase Price and Deposit

Purchase Price: $ Earnest Money Deposit: $ Deposit Due By:

The earnest money shall be held in escrow by: and applied to the Purchase Price at closing in accordance with the escrow instructions.

Financing

This Agreement is: Contingent upon Buyer obtaining financing No financing contingency

If contingent, Buyer shall have days from the Effective Date to secure loan commitment. Buyer shall provide written notice of inability to obtain financing within that period to avoid default.

Inspections and Due Diligence

Buyer shall have an inspection period of days from the Effective Date to conduct inspections and investigations. Seller shall provide reasonable access for such inspections.

If inspections reveal material defects, Buyer may deliver written notice requesting repairs or termination. Seller must respond in writing within days. Failure to agree shall permit Buyer to terminate and receive return of earnest money.

Closing and Possession

Closing Date: . Closing shall occur by escrow through the designated escrow agent unless otherwise agreed in writing.

Possession to Buyer shall be delivered: .

Title, Escrow, and Prorations

Seller shall convey marketable title by grant deed or other appropriate instrument subject only to permitted exceptions. Title shall be insured at closing in an amount equal to the Purchase Price, with the cost of standard owner's title insurance to be paid by: .

Real property taxes, assessments, rents and utilities shall be prorated as of the Closing Date unless otherwise agreed.

Risk of Loss; Property Condition

Risk of loss or damage to the Property shall remain with Seller until closing. If, prior to closing, material damage occurs, Buyer may elect to terminate and receive a refund of earnest money or proceed to close with an agreed credit or repair.

Representations and Warranties

Seller represents that Seller is the lawful owner of the Property with authority to sell, that there are no undisclosed material defects to Seller's knowledge, and that all rents, leases, and encumbrances disclosed in writing prior to the Effective Date are accurate.

Disclosures

Lead-Based Paint Disclosure (for dwellings built prior to 1978): Seller has provided a completed lead-based paint disclosure Not applicable

Known Material Defects: Yes No

If Yes, Describe Defects

Default and Remedies

If Buyer defaults, Seller may terminate this Agreement and retain earnest money as liquidated damages, or pursue specific performance or other remedies at law or equity. If Seller defaults, Buyer may elect to receive a refund of earnest money and pursue specific performance or other remedies.

Additional Provisions

Additional Terms or Contingencies

Governing Law and Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, together with any attached addenda and escrow instructions, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

Notices

Notices under this Agreement shall be in writing and shall be delivered to the addresses below by personal delivery, overnight courier, or certified mail.

Buyer Notice Address Seller Notice Address

Acknowledgment

Each party acknowledges that they have read this Agreement, understand its terms, and have had the opportunity to obtain independent legal advice. Signatures below are binding and evidence the parties' assent to the terms herein.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What a Buyer-Signed Purchase and Sale Agreement Is

A Real Estate Buyer Signed Purchase and Sale Agreement is the executed contract in which a buyer accepts the seller's offered terms for a specific property. It records property identification, purchase price, financing terms, contingencies (inspection, appraisal, title), earnest money instructions, closing date, and possession terms. Once signed by the buyer and counter-signed by the seller, the document creates binding obligations subject to the contract's contingencies and applicable state law; electronic execution is generally recognized under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted.

Why a Properly Executed Agreement Matters

A clear, signed purchase and sale agreement establishes enforceable rights and duties, protects earnest money, and sets the timeline for inspections, financing, and closing. Proper execution reduces disputes and speeds transaction completion while providing an auditable record of agreement terms and signatures.

Typical Parties Involved and Their Roles

Common participants include the buyer, seller, listing and buyer agents, lender, title or escrow company, and closing attorney or settlement agent.

Buyers and Buyers Agents — Prepare offer details, select contingencies, deliver earnest money, confirm financing and sign authorizations.
Sellers and Listing Agents — Review offers, negotiate terms, accept or counteroffer, and coordinate disclosures and title delivery.
Title/Escrow and Lenders — Verify title, hold earnest money, process payoff and closing funds, and ensure lender conditions are met.

Each participant has defined responsibilities; aligning those roles in the agreement and related instructions avoids closing delays.

Core Sections to Include in a Professional Agreement

A complete buyer-signed purchase and sale agreement groups the transaction into standard clauses so parties and third parties can act on clear, predictable terms.

Property Description

Legal description and street address, parcel or lot number, and any included fixtures and exclusions to avoid ambiguity at closing.

Purchase Price

Total price, allocation of deposits and earnest money, financing source, and any seller credits or prorations to reflect net cash due at closing.

Contingencies

Inspection, financing, appraisal, and title contingencies with deadlines and procedures for notice, cure, or termination if conditions are unmet.

Closing and Possession

Specified closing date, location, possession timing, occupancy terms, and prorations for taxes, utilities, and rent if applicable.

Title and Survey

Title condition requirements, permitted exceptions, survey obligations, and who pays for curing title defects before closing.

Signature & Funds

Signature blocks for buyer and seller, earnest money instructions, wire or escrow instructions, and acknowledgement of electronic signature acceptance.

Step-by-Step: From Offer to Recorded Deed

Follow a clear sequence to reduce risk: prepare, negotiate, satisfy contingencies, sign, and record. Each step has specific deliverables and deadlines.

01

Prepare Offer: Complete buyer details, price, contingencies, and proposed closing terms.
02

Negotiate Terms: Exchange counters, confirm inspection and financing timelines.
03

Sign & Deliver: Buyer signs, sends to seller or escrow; collect earnest money.
04

Close & Record: Finalize funds, execute closing documents, and record deed with county recorder.

Where to Send or File the Executed Agreement

Routing depends on local practice: listing agent, buyer agent, escrow or title company, and lender each receive copies for their duties.

Listing Agent: Receives executed copies for seller records and MLS updates.
Buyer Agent: Keeps signed contract for buyer, coordinates deposits and inspections.
Title/Escrow: Receives contract to open escrow and hold funds securely.
Lender: Receives contract to underwrite financing and prepare closing conditions.

Configuring an Online Agreement Workflow

Set up fields, signer order, and authentication to match your local closing workflow and lender requirements.

Field	Configuration
Signature Field	Require signature; assign to buyer or seller by role.
Date Field	Set MM/DD/YYYY format and auto-fill on signer completion.
Initials Field	Require initials on each page where initialing is customary.
Conditional Contingency Field	Show inspection clause only if inspection contingency selected.

Technical Requirements and Integrations for eSubmission

Choose a platform that supports common integrations, secure transport, and the file formats used by title and escrow partners.

Integrations: Salesforce | NetSuite | Microsoft 365 | Google Workspace
File Formats: PDF | DOCX | HTML | Excel
Authentication: Email, SMS code, KBA, or SSO options

Ensure recipients can open signed PDFs and receive an audit trail; check lender or title company format preferences in advance.

eSignature Vendor Pricing Snapshot for Real Estate Documents

Compare starting price, trial availability, bulk send, audit trail, HIPAA support, and envelope or session limits across common vendors. signNow is listed first per vendor comparison rules.

	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 (Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Common Deadlines and Timing Expectations

Standard agreement deadlines include inspection, financing, appraisal, and closing dates. Adhere to these dates to preserve rights and avoid default.

Earnest Money Deposit Deadline:

Set specific days after acceptance when deposit must clear escrow.

Inspection Contingency Deadline:

Deadline to complete inspections and provide repair or termination notice.

Financing Contingency Deadline:

Date by which buyer must obtain lender approval or notify seller.

Closing Date:

Date when funds are exchanged and deed is executed.

Recording Deadline:

Timeframe for submitting deed to county recorder post-closing.

Common Mistakes and Their Consequences

Contract Voidability: Ambiguous terms risk rescission.

Earnest Money Loss: Missed deadlines can forfeit deposit.

Breach Damages: Nonperformance may trigger monetary liability.

Delayed Financing: Lender delays can force contract termination.

Title Defects: Uncured defects can block closing.

Tax Reporting: Incorrect reporting may trigger penalties.

Real-World Examples of Online Execution

These brief examples illustrate practical uses of a buyer-signed purchase and sale agreement executed electronically or handled through digital workflows.

Martin Properties

Small brokerage moved to online signing to close remotely

Resulted in same-day signature capture for remote buyers
Tim Martin, founder, reported processing and executing documents online with full compliance and better turnaround for mobile and offline signing.

Optica Ventures

Venture firm needed fast document turnaround for multiple closings

Adopted reusable templates and audit trails
Brian Fitzgibbons, COO, noted the interface is easy to use for team and clients while improving speed to completion.

Frequently Asked Questions and Troubleshooting

Answers to common legal, execution, and technical questions when using a buyer-signed purchase and sale agreement in U.S. real estate transactions.

Need help? Contact support

Are electronic signatures legally binding?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and under UETA in states that adopted it, provided intent, consent, attribution, and record retention requirements are met.
Do deeds require notarization or witnesses?
Most states require a notary acknowledgement for deeds; witness requirements vary by state. Consult the county recorder and state law before recording; some states require one or two witnesses for specific instruments.
Can I fix an error after signing?
Minor clerical errors are typically fixed by an amendment or corrective affidavit executed by the parties. Material changes usually require a formal signed amendment or rescission and re-execution of the agreement.
How do I cancel or rescind the agreement?
Rescission depends on contract terms and contingencies. If a contingency permits termination, provide timely written notice per the agreement. Otherwise, cancellation may expose party to breach damages.
Who must sign for the buyer?
The individual or authorized signatory named as buyer on the agreement must sign. For entities, use the authorized officer or agent and include title and proof of authority if requested by title or lender.
How should signed agreements be stored?
Retain signed originals or certified electronic copies with audit trails. Follow IRS retention (IRC §6501(a)), HIPAA where applicable (45 CFR §164.530(j)), and any longer state-prescribed retention periods.

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