Can a buying agreement be signed electronically?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met.

Is notarization required for the purchase contract itself?

Generally no; the contract usually does not require notarization, but deed and certain transfer documents typically require a notarized signature for recording.

What happens if a contingency deadline is missed?

Missing a contingency deadline can result in automatic waiver, termination rights for the other party, or loss of deposit depending on contract language; review the agreement carefully.

How do I amend an executed agreement?

Prepare a written amendment signed by all original parties specifying the change and effective date; digital signatures are acceptable if they meet ESIGN/UETA standards.

Who receives the final executed contract?

All signatories, the listing and buyer’s agents, the lender if involved, and the title or escrow agent should receive fully executed copies for closing.

Can the buyer cancel after signing?

Right to cancel depends on contract contingencies and state law; absent an applicable contingency the buyer may be in breach and subject to remedies such as forfeiture of earnest money.

Electronic Signature
Templates
Legal
Real Estate Buying Agreement

Real Estate Buying Agreement

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

REAL ESTATE BUYING AGREEMENT

This Real Estate Buying Agreement ("Agreement") is made and entered into on Effective Date: by and between Seller Name: whose address is (Seller), and Buyer Name: whose address is (Buyer).

Recitals

WHEREAS, Seller is the owner of certain real property and improvements located at , more particularly described below; and

WHEREAS, Buyer desires to purchase and Seller desires to sell the Property on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the full terms of the transaction and to allocate risks, obligations, and remedies associated with such purchase and sale.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. Property; Purchase Price; Deposit

1.1 Property. Seller agrees to sell and Buyer agrees to purchase the real property and improvements commonly known as:

Property Address / Description Legal Description

1.2 Purchase Price. The purchase price for the Property shall be $ (Purchase Price), payable as follows:

Earnest Money Deposit Escrow Agent

1.3 Application of Deposit. The earnest money deposit shall be held in escrow by the Escrow Agent and applied to the Purchase Price at Closing. If the transaction fails to close due to Buyer's default, Seller shall be entitled to pursue remedies set forth in Section 6.

2. Closing; Title; Conveyance

2.1 Closing Date and Place. The closing of the transaction (Closing) shall occur on or before Closing Date: at , or at such other time and place as mutually agreed in writing.

2.2 Title. Seller shall convey fee simple title to the Property by general warranty deed (or other instrument reasonably acceptable to Buyer), free and clear of all liens and encumbrances except those Permitted Exceptions described in Section 2.3. Title shall be conveyed subject to zoning laws and matters of public record.

Title Company / Closing Agent

2.3 Permitted Exceptions. Permitted Exceptions shall include matters set forth in the preliminary title report provided to Buyer, including recorded easements, covenants, conditions and restrictions, and any matters to which Buyer provided prior written consent. Buyer has the right to object to any title exceptions within the Title Objection Period.

3. Inspections; Contingencies

3.1 Inspection Period. Buyer may, at Buyer's expense, inspect the Property and its systems, and review all available records and reports. All inspections shall be completed on or before Inspection Deadline: . Buyer shall deliver written notice of objections to Seller prior to expiration of the Inspection Period.

Seller Disclosures

3.2 Financing Contingency. This Agreement is subject to Buyer's ability to obtain financing on terms acceptable to Buyer, with Financing Commitment Deadline: . If Buyer fails to obtain financing by such date, Buyer may terminate this Agreement by written notice to Seller and receive return of the earnest money, except as otherwise provided herein.

4. Representations and Warranties

4.1 Seller represents and warrants to Buyer that: (a) Seller is the lawful owner of the Property with authority to convey good and marketable title; (b) to Seller’s knowledge, there are no undisclosed violations of applicable laws materially affecting the Property; and (c) there are no pending actions, liens, or claims that would materially impair Seller’s ability to convey the Property, except as disclosed in writing to Buyer prior to execution of this Agreement.

4.2 Buyer represents to Seller that Buyer has the authority to enter this Agreement and, if applicable, has provided accurate financial information to any lender in connection with Buyer's financing application. Each party's representations survive Closing to the extent necessary to enforce claims arising from breach.

5. Closing Adjustments; Prorations

5.1 Taxes, assessments, rents, utilities, and other customary items shall be prorated as of the Closing Date. Seller shall deliver at Closing a statement showing prorations and adjustments, and Buyer shall pay the balance of the Purchase Price by wire transfer or other immediately available funds acceptable to Seller.

6. Default; Remedies

6.1 Buyer's Default. If Buyer fails to perform Buyer’s obligations under this Agreement, Seller may either (a) terminate this Agreement and retain the earnest money as liquidated damages, which the parties agree is a reasonable estimate of Seller’s damages, or (b) pursue specific performance or any other remedy at law or equity.

6.2 Seller's Default. If Seller fails to perform Seller’s obligations hereunder, Buyer may elect to (a) terminate this Agreement and obtain return of the earnest money, or (b) seek specific performance or damages as permitted by law.

7. Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, and shall be effective upon receipt.

Seller Notice Contact Buyer Notice Contact

8. Amendments; Waiver; Counterparts

8.1 Amendments. This Agreement may be amended only by a written instrument signed by both parties.

8.2 Waiver. No waiver of any provision shall be effective unless in writing and signed by the party waiving the provision. A waiver of one breach shall not constitute a waiver of any other breach.

8.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall be binding for all purposes.

9. Governing Law; Miscellaneous

9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

9.2 Assignment. Neither party may assign its rights under this Agreement without the prior written consent of the other, except that Buyer may assign to an affiliate or lender without Seller’s consent provided Buyer remains primarily liable.

10. Entire Agreement; Severability

10.1 Entire Agreement. This Agreement, including all exhibits and addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements.

10.2 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the parties’ intent to the fullest extent permitted by law.

11. Additional Provisions

11.1 Costs. Unless otherwise agreed, each party shall pay its own costs and attorneys’ fees incurred in connection with the negotiation and preparation of this Agreement. The prevailing party in any dispute arising under this Agreement may be entitled to recover reasonable attorneys’ fees and costs as determined by a court of competent jurisdiction.

11.2 Survival. The representations, warranties, covenants and agreements of the parties that by their nature survive Closing shall survive the Closing for the period specified herein or, if no period is specified, for the maximum period permitted by law.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Buying Agreement Covers

A Real Estate Buying Agreement is a legally binding contract between a buyer and seller that sets the terms for the purchase of real property. It typically includes the purchase price, deposit (earnest money), financing and inspection contingencies, closing date, property description, title and deed delivery terms, and allocation of closing costs. The agreement creates enforceable rights and obligations once signed and accepted, and it often triggers deadlines for inspections, loan approval, and recording. Parties should confirm applicable state requirements and include addenda for property disclosures or special conditions.

Why a Clear Buying Agreement Matters

A clear Real Estate Buying Agreement allocates risk, defines timelines, and protects deposit and financing expectations while reducing disputes.

Who Typically Uses This Agreement

Standard users include homebuyers, sellers, real estate brokers, closing attorneys, lenders, and title agents involved in a property sale.

Buyers and investors who need to secure purchase terms and contingencies.
Sellers and listing agents who must document price, disclosures, and possession conditions.
Lenders, title companies, and closing attorneys who rely on the contract to clear title and fund the transaction.

Each party relies on the agreement to confirm responsibilities, deadlines, and conditions precedent to closing.

Core Sections Every Professional Agreement Should Include

A professional Real Estate Buying Agreement organizes obligations into clear sections so parties, lenders, and title companies can verify compliance and satisfy closing conditions.

Parties

Full legal names and capacities for buyer and seller, including trust or corporate entity details when applicable; include contact information and mailing addresses.

Property Description

Legal lot description and common address; attach or reference the recorded parcel number or plat to avoid ambiguity during title search and recording.

Price & Payment

Purchase price, earnest money amount, payment method, escrow instructions, and contingencies for financing or appraisal, with dates for deposit release or forfeiture.

Contingencies

Inspection, financing, appraisal, title review, and survey contingencies with explicit cure or termination windows to protect buyer or seller rights.

Closing & Possession

Scheduled closing date, location, documentary requirements, who pays closing costs, and possession timing; note adjustments for prorations and utility responsibilities.

Title & Recording

Seller’s warranty of marketable title, required title exceptions, escrow instructions for deed delivery, and which party pays recording fees and transfer taxes.

Step-by-Step: Filling Out a Real Estate Buying Agreement

Follow a consistent sequence to reduce errors and ensure all contingencies and deadlines are set correctly.

01

Prepare Parties: Enter complete legal names and contact details.
02

Describe the Property: Include legal description and parcel ID.
03

Set Price and Deposits: Specify purchase price, earnest money, and escrow instructions.
04

Define Contingencies: Add inspection, financing, and title deadlines explicitly.

How to Configure an Online Signing Workflow

Set up the document routing and authentication in the eSigning platform before sending to avoid delays at closing.

Field	Configuration
Authentication	Email link plus optional SMS code
Signature Order	Sequential: buyer then seller then closing agent
Template	Save reusable template for recurring closings
Notifications	Enable signer reminders and completion receipts

Where to Send or File the Completed Agreement

After signatures, route copies to all parties and necessary service providers for title, financing, and recording.

Buyer: Send fully executed copy to buyer and buyer’s lender.
Seller: Provide signed copy to seller and listing agent.
Title Company: Deliver signed contract and deposit instructions to title or escrow agent.
Recorder: Submit deed and required forms to county recorder after closing.

Digital Signing and Technical Requirements

Choose a platform that supports PDF and DOCX, secure authentication, and audit trail capture before e-submission.

File formats: PDF, DOCX compatible
Integrations: Salesforce, NetSuite, Google Workspace, Microsoft 365
Security: TLS in transit, AES-256 at rest

Common Timelines and Deadlines in Purchase Contracts

Typical deadlines vary by agreement; confirming each deadline in writing avoids missed contingencies and loss of deposit.

Earnest Money Deadline:

Often 3–5 business days after contract acceptance

Inspection Period:

Commonly 7–14 days to complete and request repairs

Financing Contingency:

Usually 21–30 days for loan approval and appraisal

Title Objection Deadline:

Often 7–14 days after title report delivery

Closing Date:

Mutually agreed calendar date for deed transfer

Key Transaction Milestones from Offer to Recording

A sequential milestone view helps parties track status and prioritize tasks before closing.

01

Offer Accepted

Contract is signed and contingency clocks begin.

02

Inspections Complete

Buyer reviews reports and negotiates repairs or credits.

03

Loan Approved

Lender issues a clear to close or conditions to satisfy.

04

Closing & Recording

Funds exchanged, deed delivered, and documents recorded.

Common Mistakes to Avoid When Preparing the Agreement

Using incomplete legal names or abbreviations that do not match title records can delay closing and trigger re-execution.
Vague contingency language or missing deadlines leaves obligations unclear and increases litigation risk when disputes arise.
Failing to confirm who pays recording costs, transfer taxes, or HOA fees can cause last-minute settlement disputes.
Relying on unsigned or scanned preliminary offers without a fully executed agreement can lead to unenforceable expectations.

Potential Consequences of Errors or Missing Requirements

Deposit Forfeiture: Buyer may lose earnest money if contract conditions are not met or properly released.

Breach Damages: Non-breaching party can pursue specific performance or monetary damages for contract breach.

Financing Failure: Unmet financing contingency may permit contract termination and loss of negotiated terms.

Title Defects: Unclear title may delay recording or expose parties to claims after closing.

Recording Errors: Incorrect deed recording can require corrective deeds and additional fees.

Regulatory Penalties: Failure to provide required disclosures may trigger state consumer protection penalties.

How a Buying Agreement Differs from Similar Real Estate Documents

Comparing related documents helps clarify appropriate use and which form to execute for a particular transaction.

Criteria	Purchase Agreement	Lease Agreement
Primary Purpose	transfer ownership	grant possession
Term	single closing event	fixed rental period
Deposit	earnest money	security deposit
Recording	deed recorded at closing	typically not recorded

eSignature Vendor Pricing and Feature Snapshot for Real Estate Documents

Compare baseline costs and common capabilities when selecting an eSignature provider for real estate workflow needs; signNow appears first per product 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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium available)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No

Frequently Asked Questions About the Real Estate Buying Agreement

Common questions address enforceability, eSigning options, notarization, deposit disputes, and how to amend or cancel the agreement.

Need help? Contact support

Can a buying agreement be signed electronically?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met.
Is notarization required for the purchase contract itself?
Generally no; the contract usually does not require notarization, but deed and certain transfer documents typically require a notarized signature for recording.
What happens if a contingency deadline is missed?
Missing a contingency deadline can result in automatic waiver, termination rights for the other party, or loss of deposit depending on contract language; review the agreement carefully.
How do I amend an executed agreement?
Prepare a written amendment signed by all original parties specifying the change and effective date; digital signatures are acceptable if they meet ESIGN/UETA standards.
Who receives the final executed contract?
All signatories, the listing and buyer’s agents, the lender if involved, and the title or escrow agent should receive fully executed copies for closing.
Can the buyer cancel after signing?
Right to cancel depends on contract contingencies and state law; absent an applicable contingency the buyer may be in breach and subject to remedies such as forfeiture of earnest money.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now