Can this be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Exceptions exist for wills, certain court filings, and some state-specified notices; verify for your specific transaction.

Is notarization always required?

Most deeds and acknowledgements require notary acknowledgement for recording. Notarization requirements and witness counts vary by state; consult the county recorder or state statute before closing.

What if a signer’s name is wrong?

Name mismatches can delay title insurance and recording. Correct via an amendment or corrected deed signed and notarized promptly to avoid liens or transfer issues.

How long should I retain the contract?

Retain for the active term plus at least three years post-termination; tax-related and healthcare records have specific federal requirements (e.g., IRC §6501(a), 45 CFR §164.530(j)).

Can remote online notarization be used?

RON is permitted in most states but requirements differ; identity proofing, audio-video recording retention, and notary journal rules typically apply—verify state notary commission rules first.

What happens if a financing contingency fails?

Follow the contract’s contingency and termination clauses precisely. If deadlines lapse, parties may have cure rights, extension options, or termination remedies defined in the agreement.

Electronic Signature
Templates
Real estate
Real Estate Contract and Plan

Real Estate Contract and Plan

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

REAL ESTATE CONTRACT AND PLAN

Parties

This Real Estate Contract and Plan (the "Agreement") is entered into by and between the parties identified below for the purchase and sale of the Property described herein. The parties agree to be bound by the terms set forth in this Agreement.

Seller — Full legal name Seller — Entity type (select applicable) Individual Corporation Limited Liability Company (LLC) Seller — Contact address Buyer — Full legal name Buyer — Entity type (select applicable) Individual Corporation Limited Liability Company (LLC) Buyer — Contact address

Property Identification

Property Street Address Parcel / APN Number Legal Description

Purchase Terms

Purchase Price: $ payable as follows: earnest money deposit of $ to be delivered to escrow within days of contract execution.

Escrow / Title Company

Financing Contingency: Buyer shall have a financing contingency for a loan in the amount of $. Lender approval deadline: .

Inspection Contingency: Buyer shall have days from acceptance to complete inspections and provide written notice of any objection or request for repair.

Appraisal Contingency: Sale is contingent upon appraised value meeting or exceeding the Purchase Price.

Closing Date: . Possession to be delivered to Buyer on , subject to occupancy terms below.

Prorations and Closing Costs

Plan, Improvements and Conveyance

Seller represents that any improvements included in the sale are conveyed as-is except as expressly warranted in writing. Planned improvements, if any, to be completed prior to closing are described below and must be completed in a workmanlike manner and in compliance with applicable permits.

Planned improvements / development plan (if applicable)

Disclosures

Lead-Based Paint (if Property built before 1978): Yes No

Mold or Water Intrusion History: Yes No

Prior Structural Damage or Repair: Yes No

Additional disclosure details

Risk, Maintenance, Insurance

Risk of loss remains with Seller until closing and funding. From the date of this Agreement until closing, Seller shall maintain the Property and all insurance required by lenders and applicable law.

Insurance requirements

Defaults and Remedies

If Buyer fails to perform, Seller may retain the earnest money as liquidated damages, pursue specific performance, or seek other remedies at law or equity. If Seller fails to convey title at closing, Buyer may seek specific performance, recovery of deposit, or damages. Time is of the essence for all dates and deadlines set forth in this Agreement.

Title and Survey

Title to be conveyed by general warranty deed free of liens except those approved by Buyer. Buyer may obtain a survey at Buyer's expense: Buyer pays, Seller pays.

Title company / escrow contact

Plan Approvals and Permits

Permits, zoning or other approvals required

Notices

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

Seller — Notice address Buyer — Notice address

General Provisions

Entire Agreement: This Agreement, including all exhibits and addenda signed by the parties, contains the entire agreement between the parties and supersedes all prior negotiations and understandings. Amendments must be in writing and signed by both parties.

Governing Law: This Agreement shall be governed by the laws of the state in which the Property is located, without regard to conflict-of-law rules.

Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgment

Each party acknowledges that they have had the opportunity to consult with counsel of their choice, that they enter into this Agreement voluntarily, and that the representations and warranties contained in this Agreement are true and correct to the best of their knowledge as of the date of execution.

Buyer — Printed Name:

By:

Date:

Seller — Printed Name:

By:

Date:

What the Real Estate Contract and Plan Is

The Real Estate Contract and Plan is a written agreement that records the terms for a property transaction, including parties, property description, price, contingencies, and closing steps. It serves as the primary legal record for offers, acceptances, financing commitments, inspections, and allocation of closing responsibilities. The document may include exhibits such as plats, inspection reports, financing schedules, and plan drawings when required. Properly completed, signed, and retained, it creates enforceable obligations between buyer and seller and provides a clear roadmap for recording, closing, and dispute resolution.

Why a Clear Contract and Plan Matters

A well-prepared Real Estate Contract and Plan reduces ambiguity about price, scope, timelines, and post-closing responsibilities, which helps prevent disputes and supports enforceability under state contract law and federal e-signature frameworks.

Who Typically Prepares and Signs This Document

Multiple parties and professionals interact with this document during a transaction, each with distinct roles and responsibilities.

Buyers, sellers, and their real estate agents coordinating terms, contingencies, and closing logistics.
Lenders and mortgage brokers providing financing conditions, loan commitments, and payoff instructions.
Title companies and closing attorneys handling recording, escrow, title insurance, and notary requirements.

Understanding each party’s role reduces delays and clarifies who must sign, notarize, or deliver supporting items for recording and closing.

Essential Parts of a Professional Real Estate Contract and Plan

A complete contract contains several core sections that together define what is bought, by whom, when, for how much, and under what conditions. Each element supports legal clarity and practical performance through closing.

Parties

Full legal names and entity types for buyer and seller, including authorized signers and contact details, to ensure correct identification and enforceability.

Property Description

Precise legal description or parcel ID and address with attached plats or plan drawings when required to eliminate ambiguity about the land or improvements covered by the contract.

Purchase Price

Detailed price, deposit amounts, payment milestones, escrow instructions, and any financing contingencies or seller credits to document monetary terms clearly.

Contingencies

Inspection, appraisal, title review, financing, and regulatory contingencies with explicit cure periods and termination rights to manage risk and conditional obligations.

Closing and Recording

Closing date, place, prorations, payoff and recording responsibilities, and who will deliver the deed, ensuring proper transfer and public record entry.

Signatures and Acknowledgements

Signature blocks, dates, notary acknowledgements, and witness lines where required by state law to validate execution and enable recording.

Step-by-Step: Completing the Contract and Plan

Follow these sequential steps to prepare a complete contract ready for signature, notarization, and recording when applicable.

01

Prepare Draft: Collect party names, legal description, price, and exhibits before drafting the agreement.
02

Insert Exhibits: Attach plats, inspection reports, financing terms, and any required disclosures as numbered exhibits.
03

Review Contingencies: Confirm inspection, title, and financing windows and add cure or termination dates in MM/DD/YYYY.
04

Sign and Notarize: Ensure authorized signers execute, include notary acknowledgements, and retain originals for recording.

How Electronic Completion and Submission Usually Works

Digital workflows speed execution while preserving a complete audit trail. The typical e-submission path includes upload, field placement, signer routing, authentication, and final delivery.

Upload Document: Upload a PDF or Word version and verify embedded exhibits appear correctly.
Place Fields: Add signature, date, initial, and conditional fields where required for each signer.
Authenticate Signers: Choose authentication (email link, SMS code, or stronger methods) based on risk and legal needs.
Complete Audit Trail: Capture timestamps, IP addresses, and action logs to support attribution and retention.

Typical Online Workflow Settings for Real Estate Documents

Configure workflow settings to match your transaction process and compliance needs before sending to signers.

Field	Configuration
Signer Order	Sequential or parallel routing based on negotiation and escrow requirements
Authentication	Email link by default; use SMS or knowledge-based verification where required
Notifications	Enable reminders and expiration notices to avoid missed deadlines
Audit and Storage	Enable full audit trail and long-term secure storage per retention policy

Technical and Integration Considerations for eSigning

Ensure your eSignature provider supports required integrations, document formats, and security standards before processing contracts.

File Types: PDF, DOCX supported
Integrations: Salesforce, Microsoft 365, NetSuite
Authentication: Email, SMS, KBA options

Key Dates and Deadlines to Track

Real estate transactions involve statutory reporting and contract-specific deadlines; track them in calendar software and in the contract’s timeline provisions.

W-9 Provision:

Provide W-9 to payer upon request to avoid backup withholding

1099-NEC Deadline:

Submit 1099-NEC to recipients and IRS by Jan 31 when required

Tax Return Deadline:

Individual Form 1040 due Apr 15 (extension to Oct 15 with Form 4868)

Inspection and Contingency:

Follow contract-specified inspection windows and contingency cure dates in MM/DD/YYYY

Recording Promptly:

Record deed promptly after closing to protect ownership; county deadlines vary

Common Mistakes That Cause Delays

Leaving the legal property description vague, which causes title exceptions and recording rejections.
Using inconsistent party names between contract and closing documents, delaying title insurance and disbursements.
Failing to include clear contingency deadlines in MM/DD/YYYY, creating disputes about timely performance.
Neglecting notarization or witness requirements for deeds and powers of attorney, which can invalidate recording.

Risks and Potential Penalties from Errors

Delayed Closing: Costs and contractual damages

Tax Penalties: 1099/W-2 fines under IRC §6721

Recording Rejection: Deed not accepted by county recorder

Title Coverage Risk: Insurance exceptions increase liability

Notary Defect: Invalid acknowledgement risk

Fraud Exposure: Unauthorized signatures, potential civil liability

eSignature Pricing and Feature Comparison

Compare starter pricing and key capability differences across common eSignature vendors. signNow is listed first per vendor ordering requirements.

	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	Free trial available	Free trial available	Free trial available	Free trial available
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

Real-World Examples of Contract Use

These brief examples show how professionals use an executed Real Estate Contract and Plan in practice.

Martin Properties

Tim Martin, Founder, processed property purchase agreements online to close remotely and reduce turnaround time.

The team relied on secure e-signing and notarization where required.
After implementation they reported consistent compliance and faster document return rates across mobile and desktop signers.

Optica Ventures

Brian Fitzgibbons, COO, used the contract template for investor and property deals requiring precise exhibits and schedules.

The template standardized clauses and attachments to reduce negotiation time.
Standardization simplified title review, allowing quicker escrow funding and more predictable closing timelines for repeat transactions.

Practical Tips for Accurate, Efficient Completion

Adopt these practices to reduce rework, support compliance, and speed closings.

Use Consistent Names

Always use the exact legal entity or personal name across contract, title, and closing documents to prevent title exceptions and lender complications.

Date Formats

Record all deadlines and effective dates in MM/DD/YYYY to prevent ambiguity in contingency windows and cure periods.

Attach Complete Exhibits

Include plats, surveys, inspection reports, and financing term sheets as numbered exhibits to make them enforceable contract parts.

Verify Notary Rules

Confirm state-specific notary and witness requirements before execution, especially when using remote online notarization.

Frequently Asked Questions and Troubleshooting

Answers to the most common practical and legal questions about preparing, signing, and storing a Real Estate Contract and Plan.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Exceptions exist for wills, certain court filings, and some state-specified notices; verify for your specific transaction.
Is notarization always required?
Most deeds and acknowledgements require notary acknowledgement for recording. Notarization requirements and witness counts vary by state; consult the county recorder or state statute before closing.
What if a signer’s name is wrong?
Name mismatches can delay title insurance and recording. Correct via an amendment or corrected deed signed and notarized promptly to avoid liens or transfer issues.
How long should I retain the contract?
Retain for the active term plus at least three years post-termination; tax-related and healthcare records have specific federal requirements (e.g., IRC §6501(a), 45 CFR §164.530(j)).
Can remote online notarization be used?
RON is permitted in most states but requirements differ; identity proofing, audio-video recording retention, and notary journal rules typically apply—verify state notary commission rules first.
What happens if a financing contingency fails?
Follow the contract’s contingency and termination clauses precisely. If deadlines lapse, parties may have cure rights, extension options, or termination remedies defined in the agreement.

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