Are electronic signatures enforceable on this contract?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure intent, consent, signer attribution, and reliable record retention are documented.

When is notarization required for real estate documents?

The purchase contract itself usually does not require notarization, but deeds often require a notary and may require witnesses depending on the state when recording.

What happens if a page or signature is missing?

A missing signature can render the agreement unenforceable; lenders and title companies may refuse to close. Use an amendment or re-execution to correct omissions before closing.

Can the contract be changed after signing?

Yes, only by a written amendment signed by all parties. Oral modifications are risky and typically unenforceable for land transactions.

How do contingencies allow cancellation?

Contingencies must be followed exactly; timely written notice exercising a contingency is usually required. Failure to timely exercise may waive the contingency or result in breach.

Who can sign for a company or trust?

Only an authorized representative may sign. Confirm corporate resolutions, trust instruments, or power of attorney that grant signing authority before acceptance.

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

Real Estate Contract 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 CONTRACT OF PURCHASE AND SALE

PARTIES AND DATE

This Contract of Purchase and Sale (the "Contract") is made and entered into on , by and between Seller: and Buyer: .

Seller Contact Information Buyer Contact Information

PROPERTY

Property Address: APN/Parcel Number:

Legal Description

FINANCIAL TERMS

Purchase Price Earnest Money Deposit

Form of Payment at Closing: Buyer Financing:

Financing Contingency

This Contract is contingent upon Buyer obtaining written loan approval in the amount of on or before , . Buyer shall provide lender commitment to Seller within the financing contingency period.

INSPECTION AND CONDITION

Inspection Period

Buyer shall have days from effective date to complete inspections. If Buyer objects to conditions, Buyer must deliver written notice to Seller specifying repairs or credits requested within the inspection period.

Seller Repairs

Property is conveyed free of tenant rights except as disclosed:

CLOSING, POSSESSION AND TITLE

Closing Date:

Possession to be delivered:

Title and Escrow

Seller shall provide marketable title by general warranty deed at closing, subject only to covenants, conditions and restrictions of record and matters approved in writing by Buyer. Buyer may obtain a survey at Buyer's expense.

PRORATIONS, CLOSING COSTS AND TAXES

Real property taxes, assessments, rents and utilities shall be prorated as of the closing date. Closing costs shall be paid as follows: Seller pay ; Buyer pay .

DISCLOSURES

Lead-Based Paint Disclosure: Yes No

Known Mold or Water Intrusion: Yes No

Prior Structural Damage or Repairs: Yes No

If Yes to any disclosure, describe

DEFAULTS AND REMEDIES

If Buyer fails to timely perform, Seller may retain the Earnest Money as liquidated damages or pursue any remedy at law or equity, including specific performance. If Seller materially breaches, Buyer may seek specific performance or terminate and obtain return of Earnest Money and other remedies under law.

RISK OF LOSS; CONDITION AT CLOSING

Risk of loss or damage to the Property shall remain with Seller until closing. If substantial damage occurs prior to closing, Buyer may elect to terminate and receive return of Earnest Money or proceed to closing with agreed repairs or price adjustment.

BROKERS

Brokerage Commissions, if any, shall be paid in accordance with separate agreements. Brokers involved:

MISCELLANEOUS

Time is of the essence for all dates and deadlines in this Contract. All notices shall be in writing and delivered to the parties at the contact addresses provided above, or other address designated in writing.

Governing Law: This Contract shall be governed by and construed under the laws of the state in which the Property is located.

Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements. Amendments must be in writing and signed by both parties.

Additional Terms or Conditions

NOTICES

Seller Notice Address Buyer Notice Address

Buyer Print Name:

By:

Date:

Seller Print Name:

By:

Date:

What the Real Estate Contract of Purchase and Sale Is

A Real Estate Contract of Purchase and Sale is a written agreement that records the terms under which a seller agrees to transfer real property to a buyer and the buyer agrees to pay the purchase price. The contract typically identifies parties, describes the property, sets the purchase price and deposit, lists contingencies (inspection, financing, title), includes closing procedures and dates, and allocates responsibilities such as prorations and who pays closing costs. It creates binding rights and obligations once accepted by all parties and properly executed.

Why a Clear, Complete Contract Matters

A professionally prepared purchase and sale contract reduces ambiguity, allocates risk, and sets enforceable deadlines so both buyer and seller understand obligations and remedies.

Core Sections to Include in Every Purchase and Sale Contract

A complete contract organizes obligations, contingency timelines, payment mechanics, and closing logistics so parties and third parties (title company, lender) can act with certainty.

Parties

Full legal names and entity types for buyer and seller; include company DBAs and authorized signing representatives when an entity is involved.

Property Description

Legal description and street address. Include parcel or tax ID when available; an incomplete description can create title defects at closing.

Price & Payment

Purchase price, earnest money amount, deposit schedule, financing terms, and any seller credits or seller-financed components.

Contingencies

Inspection, financing, appraisal, title review, and home-sale contingencies with explicit deadlines and procedures for cure or termination.

Closing Terms

Closing date, location, proration of taxes, who pays which closing costs, and responsibilities for delivery of documents and recording.

Signatures

Signature blocks for all parties, dates, acknowledgment language, and space for notary or witness statements where state law or lender requires them.

Step-by-Step: Completing the Contract

Follow these core steps in order to prepare a contract that supports a clean title search, lender review, and timely closing.

01

Identify Parties: List full legal names and entity types for each contracting party.
02

Describe Property: Provide full address and legal description or tax parcel ID.
03

Set Price and Deposit: Record purchase price, earnest money amount, and deposit timing.
04

Sign and Date: All parties sign, date, and provide authorized signatory evidence for entities.

Typical Digital Signing Workflow Settings

Configure your e-signature workflow to match the contract sequence, authentication needs, and any notary or recording requirements.

Field	Configuration
Document Upload	Upload PDF or DOCX; use flattened PDF for final recording copy.
Signer Order	Set buyer then seller then escrow/title company.
Authentication	Email verification by default; add SMS or ID check for stronger identity.
Notary / RON	Enable RON session or request in-person notarization as required.

How eSigning and Delivery Typically Works

Digital workflows replace paper circulation while preserving evidence of intent, timestamps, and signer identity for enforceability.

Upload Document: Sender uploads contract and places signature/date fields.
Add Signers: Enter signer emails and assign signing roles.
Authenticate Signers: Choose email, SMS code, or advanced ID verification.
Complete and Archive: Signed copy and audit trail are stored and distributed to parties.

Technical Requirements for Digital Execution and Recordkeeping

Ensure your chosen platform supports PDF and DOCX formats, audit trails, secure storage, and the authentication level required by your lender or state.

File Formats: PDF, DOCX, and PDF/A export for archival and recording.
Integrations: Supports Salesforce, Microsoft 365, NetSuite, Google Workspace, Procore.
Authentication: Email, SMS, KBA, or government ID verification as required.

Common Deadlines and Typical Timeframes

Contracts usually set specific deadlines for deposits, inspections, financing, title objections, and closing; typical ranges below help you set realistic timeframes.

Earnest Money Deposit Due:

Typically 1–5 business days after contract acceptance.

Inspection Period:

Commonly 7–14 days to complete inspections and request repairs.

Financing Approval Deadline:

Often 14–30 days to secure lender approval or be in default.

Title Objection Period:

Usually 7–14 days for title review and curing issues.

Closing Date:

Date agreed in contract; parties may extend by written amendment.

Key Transaction Milestones from Offer to Recording

These numbered stages represent common milestones in an offer-to-close sequence and the typical activity at each stage.

01

Offer Submitted

Buyer submits offer and earnest money instructions to seller or agent.

02

Inspection & Contingencies

Inspections, seller responses, and contingency resolution occur within agreed periods.

03

Finance Approval

Buyer obtains lender approval and satisfies underwriting conditions.

04

Closing & Recording

Final documents executed, funds transferred, deed recorded with county.

Comparison: Typical eSignature Pricing and Core Capabilities

Basic pricing and capability differences among common eSignature vendors. signNow appears first for easy comparison. Do not rely on this table for final procurement decisions; confirm with each vendor.

	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	Trial available	Trial available	Trial available	Trial available
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Security and Compliance Features to Verify

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Complete timestamped signing history

Access Controls: Role-based permissions and SSO

HIPAA Support: BAA available for protected health information

21 CFR Part 11: Support for FDA-regulated records

Certifications: SOC 2 Type II, ISO 27001

Consequences of Errors or Incomplete Contracts

Failed Closing: Delays or termination

Deposit Loss: Buyer may forfeit earnest money

Title Defects: Uninsurable title issues

Financing Failure: Breach or termination risk

Recording Rejection: Improper deed format rejected

Legal Liability: Breach claims and damages

Common Pitfalls to Avoid When Preparing the Contract

Using an incomplete legal description instead of the recorded parcel ID can create title exceptions and delay closing.
Failing to set explicit contingency deadlines leads to disputes about cure periods and termination rights.
Mismatched party names or incorrect authorized signer details can invalidate signatures for lenders or title insurers.
Leaving ambiguous payment or proration language invites disagreement about prorated taxes, HOA dues, or closing credits.

Best Practices for Accurate and Efficient Completion

Adopt consistent practices to reduce errors, speed lender review, and protect both parties' expectations through the contract lifecycle.

Verify Legal Descriptions and Parcel IDs

Confirm the full recorded legal description against county records and include tax parcel ID to avoid title exceptions and ensure the deed matches the contract.

Use Explicit Contingency Language

Define inspection, financing, and appraisal deadlines with clear cure processes and state whether deposit refunds occur upon termination.

Maintain an Audit Trail

Store signed PDF/A copies plus the signing audit trail (IP, timestamp, authentication method) to support enforceability and lender requirements.

Coordinate with Title and Lender Early

Provide the title company and lender with a complete contract copy immediately to surface title issues and underwriting conditions before closing.

Real-World Examples from Closing Teams

These brief examples show how teams reduced turnaround and maintained compliance using digital signing for purchase and sale workflows.

Martin Properties

Martin Properties moved to end-to-end online execution for residential closings to reduce in-person steps.

The point: mobile signing and offline capabilities keep deals moving.
Result: faster turnaround and consistent compliance across mobile and desktop environments, enabling the team to return fully executed contracts to lenders and title agents without manual chasing.

Optica Ventures LLC

Optica Ventures standardized templates for purchase agreements and used role-based signing to reduce errors.

The point: templates limit free-text mistakes.
Result: improved consistency, fewer title exceptions, and faster transactions because each contract included the necessary fields and audit evidence required by closing partners.

Typical Signers and Their Roles

Listing Agent

Acts as the seller's representative in preparing and delivering the contract, coordinates disclosures and signatures, and ensures the seller understands obligations and timelines; does not sign unless authorized by seller in writing.

Buyer Representative

Typically the buyer or buyer's agent who negotiates terms, obtains inspections and financing, and arranges for execution and delivery of documents required for closing and recording.

Frequently Asked Questions About the Purchase and Sale Contract

Answers to common legal and procedural questions when preparing, signing, and executing a real estate purchase contract.

Need help? Contact support

Are electronic signatures enforceable on this contract?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure intent, consent, signer attribution, and reliable record retention are documented.
When is notarization required for real estate documents?
The purchase contract itself usually does not require notarization, but deeds often require a notary and may require witnesses depending on the state when recording.
What happens if a page or signature is missing?
A missing signature can render the agreement unenforceable; lenders and title companies may refuse to close. Use an amendment or re-execution to correct omissions before closing.
Can the contract be changed after signing?
Yes, only by a written amendment signed by all parties. Oral modifications are risky and typically unenforceable for land transactions.
How do contingencies allow cancellation?
Contingencies must be followed exactly; timely written notice exercising a contingency is usually required. Failure to timely exercise may waive the contingency or result in breach.
Who can sign for a company or trust?
Only an authorized representative may sign. Confirm corporate resolutions, trust instruments, or power of attorney that grant signing authority before acceptance.

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