Establishing secure connection…Loading editor…Preparing document…

Real Estate Executed Contract

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

REAL ESTATE EXECUTED CONTRACT

Date of Contract Execution:

PARTIES

PROPERTY

PURCHASE PRICE AND PAYMENT

Purchase Price (USD):   Earnest Money Deposit:   Due to Escrow Within:

Balance due at closing: payable by cashier's check or wire transfer unless otherwise agreed in writing.

CLOSING AND POSSESSION

Target Closing Date: . Closing shall occur at the office of the designated escrow or title company unless otherwise agreed in writing.

Possession to Buyer: unless otherwise stipulated herein.

INSPECTIONS AND CONTINGENCIES

Buyer shall have an inspection period of days following execution to inspect the property and deliver written notice of objections. Seller shall have a reasonable period to cure any valid title or physical condition objections.

Financing Contingency: Buyer intends to obtain financing. If financing is required, Buyer shall apply for loan(s) and obtain written loan commitment by: . If financing is not obtained, the parties' remedies are governed by the Default and Remedies clause.

TITLE, SURVEY, AND CLOSING COSTS

Seller shall deliver marketable record title free of liens and encumbrances except those agreed in writing and as disclosed. A standard owner's policy of title insurance shall be delivered to Buyer at closing. Title objections shall be delivered no later than days before closing.

Closing costs will be allocated as follows: Buyer to pay lender fees, loan recording fees, and Buyer's escrow fees; Seller to pay owner's title policy premium (or as otherwise agreed). All property taxes, rents, and utilities shall be prorated as of the closing date.

DISCLOSURES

Lead-Based Paint Disclosure Applicable (if property built before 1978):

Seller represents that to Seller's actual knowledge the property has prior material damage (flood, fire, structural):

Mold or hazardous substance disclosures required by law:

DEFAULT, REMEDIES, AND INDEMNITY

If Buyer fails to timely close other than for Seller's default, Seller may retain the earnest money as liquidated damages or pursue specific performance or other remedies at law or equity. If Seller fails to convey marketable title, Buyer may elect specific performance, termination with return of earnest money, or damages. Remedies are cumulative except where exclusive remedy is expressly provided herein.

Each party agrees to indemnify and hold harmless the other from and against claims, losses or liabilities arising from that party's breach of representations, warranties or covenants contained in this contract, except to the extent caused by the indemnified party's own negligence or willful misconduct.

RISK OF LOSS; INSURANCE

Risk of loss or damage to the property prior to closing shall remain with Seller. If material loss occurs prior to closing, Buyer may elect to terminate and receive a return of earnest money, or proceed to closing with a reduction in purchase price reflecting the loss.

NOTICES

All notices, demands, and communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth in the Parties section or to such other address as a party may designate by written notice to the other. Notice is effective upon receipt.

MISCELLANEOUS PROVISIONS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict-of-law principles.

Entire Agreement: This Contract, including any written addenda, exhibits or amendments executed by the parties, constitutes the entire agreement between the parties concerning the transaction and supersedes prior agreements, representations and understandings. No amendment shall be effective unless in writing and signed by both parties.

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

EXECUTION

Each person signing below represents and warrants that they have the authority to enter into and bind the party for whom they sign, and that all corporate or other approvals required for execution have been obtained.

Buyer - Print Name:

By (Signature):

Date:

Seller - Print Name:

By (Signature):

Date:

Enter text✕

What a Real Estate Executed Contract Means

A Real Estate Executed Contract is the fully signed and dated agreement that finalizes terms between buyer and seller (or landlord and tenant) for the transfer or lease of real property. It documents price, contingencies, financing terms, closing date, deed delivery, and any negotiated repairs or disclosures. When all required parties have applied valid signatures and the contract meets statutory formalities, it becomes an executed instrument that creates binding obligations. Electronic signatures that satisfy ESIGN and applicable state law are valid for most real estate contracts, though recordation and notarization requirements vary by jurisdiction.

Why a Properly Executed Contract Matters

A clearly executed real estate contract creates enforceable rights and defines closing obligations, timelines, and remedies. Proper execution reduces disputes, supports title transfer and recording, and ensures enforceability under ESIGN and state contract law.

Why a Properly Executed Contract Matters

Typical Parties and Professionals Involved

Real estate brokers, buyers, sellers, landlords, tenants, title companies, and lenders rely on executed contracts to document terms and progress toward closing.

  • Buyers and sellers — confirm price, contingencies, financing, and closing obligations in signed agreement.
  • Real estate agents — coordinate signatures, escrow instructions, and delivery for recording.
  • Title companies and lenders — verify execution, clear title, and fund per contractual terms.

Completed executed contracts are central to closing workflows and are typically retained by title, broker, and client files for recordkeeping.

Core Elements Every Executed Contract Should Include

A professional executed real estate contract includes clear parties, property description, price, contingencies, financing terms, closing date, signatures, and remedy clauses.

Parties

Identify buyer(s), seller(s), and any agents or brokers with full legal names and contact information; specify whether parties act individually, as trustees, corporations, or partnerships to avoid later identity disputes.

Property

Provide precise legal description, street address, and parcel identifiers; include exhibits or maps when necessary to eliminate ambiguity about what is hereby transferred.

Price

State purchase price, deposit amounts, escrow instructions, and any allocation of closing costs and payment schedule; note whether price is subject to prorations or adjustments.

Contingencies

Describe inspection, financing, appraisal, and title review contingencies with clear deadlines for cure or termination to protect parties' rights, obligations, and remediation steps contractually.

Closing Terms

Specify closing date, location, actions required at closing, conditions precedent, wire instructions, and documents to be delivered at funding and recordation, including deed and payoff letters.

Signatures

Require dated signatures for all parties; include spaces for printed names, titles for corporate signatories, and witness or notary lines where state law mandates to ensure enforceability.

Step-by-Step: From Draft to Fully Executed

Follow this step sequence to prepare, sign, and finalize a real estate executed contract accurately and ready for closing.

  • 01
    Draft: Outline terms, contingencies, and closing conditions in clear language.
  • 02
    Review: Each party and counsel review terms and loan or inspection contingencies.
  • 03
    Sign: Obtain signatures and dates from all required parties, including buyers and sellers.
  • 04
    Finalize: Deliver executed contract to title company, record deed when applicable.

How Electronic Execution Typically Works

Electronic execution typically follows a sender-upload, field placement, signer authentication, and completed document delivery workflow.

  • Upload: Sender uploads contract PDF or Word file.
  • Prepare Fields: Place signature, initial, date, and conditional fields.
  • Authenticate: Choose email, SMS, or stronger verification per risk.
  • Complete: Signer signs; system issues certificate and final PDF.

Recommended Digital Workflow Settings

Set up a signing workflow to ensure correct signer order, authentication, and post-signature routing for closing and recording.

Workflow Field Name and Settings (header) Configuration and recommended values for real estate
Signer Order and Roles for closing Set sequential or parallel signing; designate primary signers and witnesses.
Authentication Method and Strength required Use email or SMS for low-risk; use KBA or ID check for high-risk.
Conditional Fields and Logic rules Add conditionals for contingencies, show/hide remedies based on prior fields.
Post-Signature Routing and Storage destinations Send executed PDF to title, escrow, parties and store audit trail.

Platform Capabilities to Support Real Estate Closings

Ensure platforms integrate with title systems, escrow workflows, and meet legal authentication needs for real estate transactions.

  • Integrations: Integrates with Salesforce, NetSuite, and Google Workspace.
  • File Formats: Accepts PDF, DOCX, and HTML formats.
  • Authentication Options: Email, SMS, KBA, SSO available.

Deadlines That Commonly Affect Real Estate Contracts

Key filing and closing deadlines affect earnest money, contingency removals, and recording timetables and lender conditions.

Inspection and Financing Deadline Dates:

Parties must meet inspection and loan approval dates or risk contract termination.

Earnest Money Deposit and Release:

Deposit deadlines trigger escrow release or forfeiture per contract terms.

Closing Date and Recording requirements:

Failure to close on date may allow remedies or extension per agreement.

Notary and Witness Requirements per state law:

Some states require notarization or witness signatures for deeds and powers.

Recording Deadlines and Fees county-specific:

Recording timing and fee schedules depend on county recorder's office.

Key Milestones from Offer to Recordation

Milestones from offer through closing mark critical dates and approvals in the executed contract process.

01

Offer Submitted

Buyer delivers signed offer and earnest money to seller or escrow agent.

02

Offer Accepted

Seller signs counter or acceptance; contract becomes executed as to both parties.

03

Contingency Removal

Buyer's inspections and financing approved or buyer formally waives contingencies.

04

Closing and Recordation

Funds wired, documents signed, deed recorded and keys transferred per closing package.

Common Preparation Errors to Avoid

  • Using incomplete legal descriptions leads to title disputes and recording rejection; always include parcel numbers or full metes and bounds.
  • Mismatched names between ID, title, and contract can delay closing and trigger corrective deeds or affidavits.
  • Failure to include contingency deadlines or cure periods can cause unintended acceptance or forfeiture of earnest money.
  • Relying on unsigned addenda or unstamped electronic copies risks enforceability issues; ensure all exhibits are dated and signed.

Practical Risks and Consequences of Incorrect Execution

Failed Recording: Deed may not pass title.
Invalid Signature: May render contract unenforceable.
Tax Consequences: Incorrect disclosures can affect tax basis.
Escrow Delays: Funding and closing can be postponed.
Liability Exposure: Breach claims and damages possible.
Notary Noncompliance: Could void recording in some states.

Security and Compliance Considerations

Data Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Security Certifications: SOC 2 Type II, ISO 27001, PCI DSS
HIPAA Compliance: BAA required for PHI workflows
Audit Trail: Full timestamps, IP, and action logs
Accessibility Standards: WCAG 2.0 Level AA support
Regulatory Compliance: ESIGN, UETA, 21 CFR Part 11 supported

Comparing eSignature Plans for Real Estate Workflows

Compare common eSignature plan features relevant to executing real estate contracts, including pricing, bulk send capability, audit trails, and HIPAA support.

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 Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common Questions About Executed Real Estate Contracts

Frequently asked questions address signature validity, notarization, electronic execution, amendments, recording, and who may sign on behalf of entities.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users