Can I e-sign a COS Document?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted, provided intent, consent, attribution, and retention requirements are met.

Is notarization required for recording?

Most states require a notary acknowledgment on deeds and similar instruments; witness requirements vary by state. Confirm county recorder rules before filing.

Can I use remote online notarization (RON)?

RON is permitted in many states with identity proofing and recording of the session; requirements vary, so verify the state's notary commission rules before using RON.

What happens if a name is mismatched?

Name mismatches commonly cause recording rejections or title exceptions. Correct the document and provide supporting entity or ID documentation before resubmitting.

What supporting documents should accompany the COS?

Typically include title report, payoff statements, corporate resolutions or authority documents for entities, and any affidavits or disclosures required by state law.

How long should I keep the signed COS?

Retain signed originals for the active transaction plus at least three years; real estate and tax-related records are commonly retained for seven years or per state rules.

Electronic Signature
Templates
Real estate
Real Estate COS Document

Real Estate COS Document

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

REAL ESTATE COS DOCUMENT

This Real Estate Certificate of Sale (the "Certificate") is executed on by and between the undersigned Seller and Buyer for the conveyance of the Property identified below. The parties hereby certify the material terms of sale and certain factual matters as set forth in this Certificate.

Parties

Seller Name Seller Contact / Address Buyer Name Buyer Contact / Address

Property Identification

Property Address Assessor's Parcel Number (APN) / Parcel ID Legal Description

Sale Terms

Purchase Price (Total) Earnest Money Deposit

Closing Date: Possession to Buyer on:

Financing Contingency

Buyer financing contingency required: Yes No If yes, financing contingency period (calendar days):

Inspection Period and Remedies Allocation of Closing Costs

Disclosures

Lead-based paint disclosure applicable (if built prior to 1978): Yes No

Known mold, water intrusion, or material damage: Yes No

Outstanding liens or encumbrances (other than those to be released at closing): Yes No If yes, describe:

Default; Remedies; Representations

If Buyer fails to timely perform, Seller may retain earnest money as liquidated damages or seek specific performance, at Seller's election. If Seller fails to convey marketable title at closing, Buyer may elect to rescind this Certificate and receive return of earnest money, or seek specific performance with an award of costs and attorneys' fees. The parties agree that any award of damages for breach shall be reduced by any payments received by the non-breaching party pursuant to this Certificate.

Seller represents and warrants that Seller is the lawful owner with authority to convey the Property, and to Seller's actual knowledge, no undisclosed material defects exist except as specifically disclosed in this Certificate. Buyer acknowledges reliance on Buyer's own inspection and due diligence.

Title; Closing

Title shall be conveyed by general warranty deed (or other instrument as agreed) free and clear of all liens and encumbrances except those listed in this Certificate and exceptions permitted by Buyer. Closing shall occur at the agreed closing agent or escrow on the Closing Date, at which time funds and instruments necessary to transfer ownership shall be delivered.

Insurance; Utilities; Maintenance

Seller shall maintain property insurance until closing. Utilities shall be pro-rated as of the Possession Date. Buyer shall assume responsibility for all maintenance, repairs and insurance upon possession unless otherwise provided in writing.

Governing Law; Entire Agreement

This Certificate shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Certificate, together with any attached exhibits or addenda expressly incorporated herein, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior negotiations and agreements.

Certifications

Seller certifies under penalty of perjury that the statements contained in this Certificate are true and accurate to Seller's knowledge. Buyer acknowledges that Buyer has had the opportunity to perform inspections, review title, and obtain independent advice prior to executing this Certificate.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate COS Document Is and when it’s used

The Real Estate COS Document records a change in ownership, sale, or transfer-related status for a parcel of real property and summarizes parties, property identification, consideration, and recording instructions. It is used by sellers, buyers, title companies, lenders, and county recorders to establish priority and update public records. Electronic completion and delivery are permissible under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, subject to exceptions such as certain court filings and testamentary instruments.

Why a clear COS Document matters in real estate closings

A properly prepared COS Document reduces title risk, speeds recording, and clarifies obligations between parties. It centralizes key data—legal description, consideration, and signatory authority—so escrow, title, and the county recorder can process transfers with fewer rejections and delays.

Who prepares and relies on the Real Estate COS Document

Typical users include transactional parties and third-party processors who must confirm ownership changes and ensure recording.

Buyers and sellers — confirm identity, consideration, and closing conditions for title transfer.
Title and escrow agents — validate legal description, payment routing, and prepare recording packages.
Lenders and servicers — verify liens, payoff instructions, and subordinate agreements before funding.

Each stakeholder uses the COS Document to protect priority, enable disbursements, and trigger downstream tasks such as tax reporting and lien releases.

Core elements to include in a professional COS Document

A complete COS Document groups identification, transactional terms, and execution details so public record and title examiners can confirm transfer validity without follow-up.

Property Identification

Provide full legal description, street address, parcel number, and county to ensure accurate indexing and title searchability.

Parties

List full legal names and entity types for grantor(s) and grantee(s), including authorized signer titles and capacity for entities or trusts.

Consideration

State exact sale price or consideration in dollars and payment terms; vague phrasing can create tax or recording disputes.

Effective Date

Include an effective date in MM/DD/YYYY format to mark when ownership and obligations take effect for tax and statute of limitations purposes.

Recording Instructions

Specify county recorder, return-to address, and escrow/title handling to prevent misdelivery and ensure correct filing.

Execution and Notary

Provide signature blocks with printed names, dates, capacity statements, and any required notary acknowledgment or witness lines per jurisdiction.

Step-by-step: complete and finalize the COS Document

Follow these sequential steps to reduce rejections and ensure the COS Document is record-ready.

01

Gather documents: Title report, ID, payoff statements
02

Complete fields: Enter names, legal description, and consideration
03

Verify identity: Signer authentication or notary verification
04

Submit to recorder: Record and return to designated holder

How to set up a digital COS workflow

Configure templates, signer order, and authentication to match your closing process and county requirements.

Field	Configuration
Document template	Use PDF or DOCX template with locked fields
Signature authentication	Email plus SMS code or higher as required
Notary option	Enable RON where accepted or schedule in-person
Recording routing	Auto-route final PDF to title/recorder

Where to file, send, and distribute the final COS Document

Routing steps determine who receives the executed document and where the original will be recorded and stored.

County Recorder: Submit recorded original to the local recorder
Title Company: Provide final PDF for policy updates
Lender / Servicer: Send payoff and lien-release instructions
All Parties: Distribute executed copies to buyers and sellers

Delivery options and technical formats for the COS Document

Choose compatible file formats and integrations to fit your closing stack and county submission rules.

File formats: PDF/A, DOCX supported
Integrations: Salesforce, Microsoft 365, NetSuite
eSignature options: Email link, SMS code, or RON

Use a platform that exports ISO-compatible signed PDFs, supports bulk sends for volume closings, and integrates with title production systems to reduce manual handoffs.

Timing considerations and typical deadlines

Certain actions should occur promptly to protect priorities, taxes, and funding; timelines vary by contract and county practice.

Provide to buyer:

On or before closing date

Record promptly:

Record immediately to preserve lien priority

Tax proration:

Follow closing date for prorations

Escrow disbursement:

After recording and confirmed payoffs

Document retention:

Retain originals per legal hold

Key milestones from draft to recorded COS

A sequential milestone view helps coordinate parties, title, and the recorder for an orderly transfer.

01

Drafting

Prepare the COS and attach supporting exhibits.

02

Execution

Signatures and notarizations completed by authorized parties.

03

Recording

File with county recorder and pay recording fees.

04

Post-recording

Distribute recorded copies and update title records.

Common mistakes to avoid when preparing the COS Document

Using informal property descriptions instead of full legal descriptions; leads to indexing and title-search errors.
Mismatched party names between IDs, formation documents, and the COS; causes recording rejections or title exceptions.
Missing or incorrect notarization or witness lines for the county; delays recording and may invalidate the transfer.
Failing to include clear return/recording instructions; recorded originals can be misrouted or delayed.

Consequences of an incorrect or incomplete COS Document

Recording Rejection: Delay or refusal

Title Defect: Coverage exceptions

Lien Priority: Loss of priority

Tax Misreport: Assessment errors

Funding Hold: Loan delays

Legal Dispute: Potential litigation

Security, compliance, and required data fields

Encryption: TLS 1.2/1.3, AES-256

Authentication: Email, SMS, or stronger

Audit Trail: Timestamps, IP, action log

HIPAA BAA: Available where needed

Document Format: PDF/A for long-term storage

Access Controls: Role-based permissions

Comparison: eSignature vendor pricing and capabilities for COS workflows

Key vendor cost and capability points to consider when selecting an eSignature provider for Real Estate COS Documents.

	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	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

FAQs and troubleshooting for the Real Estate COS Document

Answers to common questions about e-signing, notarization, recording, and preventing rejections.

Need help? Contact support

Can I e-sign a COS Document?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws where adopted, provided intent, consent, attribution, and retention requirements are met.
Is notarization required for recording?
Most states require a notary acknowledgment on deeds and similar instruments; witness requirements vary by state. Confirm county recorder rules before filing.
Can I use remote online notarization (RON)?
RON is permitted in many states with identity proofing and recording of the session; requirements vary, so verify the state's notary commission rules before using RON.
What happens if a name is mismatched?
Name mismatches commonly cause recording rejections or title exceptions. Correct the document and provide supporting entity or ID documentation before resubmitting.
What supporting documents should accompany the COS?
Typically include title report, payoff statements, corporate resolutions or authority documents for entities, and any affidavits or disclosures required by state law.
How long should I keep the signed COS?
Retain signed originals for the active transaction plus at least three years; real estate and tax-related records are commonly retained for seven years or per state rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now