Can this agreement be signed electronically?

Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are enforceable if intent, consent, attribution, and record retention are met. Exceptions such as certain court filings and testamentary documents may still require wet ink.

Is notarization always required?

Notarization is required for documents that will be recorded in most counties, and some states have additional witness requirements. Check county recorder rules and state law before execution to ensure recording acceptance.

What happens if party names don’t match title?

Mismatch can delay closing or require corrective deeds or affidavits. Use full legal names exactly as on ID and entity formation records to prevent title or lender issues.

How can I change terms after signing?

Amendments require mutual written agreement signed by all parties. Oral changes are generally unenforceable; document amendment or rescission and re-execution to confirm consent.

When should the deed be recorded?

Record deeds promptly after closing per county requirements to protect title. Delays can expose parties to lien claims or priority disputes.

How do I cancel or revoke an executed agreement?

Revocation depends on contract terms, mutual consent, or statutory rights (e.g., cooling-off provisions if any). Consult counsel; unilateral revocation after signing commonly leads to breach claims.

Electronic Signature
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Real estate
Real Estate Lease & Sale Agreement

Real Estate Lease & Sale Agreement

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

REAL ESTATE LEASE & SALE AGREEMENT

Parties and Background

This Real Estate Lease & Sale Agreement (the "Agreement") is entered into by and between:

Landlord / Seller Name: Landlord / Seller Address for Notices: Tenant / Buyer Name: Tenant / Buyer Address for Notices:

Property Identification

The property that is the subject of this Agreement (the "Property") is located at:

Property Address: Parcel / APN Number: Legal Description:

Lease Terms

Landlord leases to Tenant, and Tenant leases from Landlord, the Property upon the terms and conditions set forth herein. The lease term Commences on and terminates on unless earlier terminated according to this Agreement.

Monthly Rent:

Rent is due on the day of each month as indicated: Day . Payments must be made to Landlord at the address for notices or at such other place designated in writing.

Security Deposit: Late Charge / Interest:

Utilities, Maintenance, and Insurance

Tenant shall be responsible for payment of utilities as follows: . Landlord shall remain responsible for structural repairs except where damage is caused by Tenant's negligence.

Tenant Insurance Requirement:

Pet Policy and Alterations

Pets allowed: Yes No. Any approved pet may require an additional non-refundable pet deposit as agreed in writing.

Tenant shall not make structural alterations without Landlord's prior written consent. All permitted alterations shall conform to applicable law and be performed in a workmanlike manner.

Sale Terms

Concurrent with or following the lease, Landlord agrees to sell and Tenant agrees to purchase the Property on the following terms.

Purchase Price: Earnest Money Deposit:

Financing contingency: Buyer shall have days to obtain loan approval. If Buyer fails to obtain financing within the contingency period, Seller may retain earnest money as liquidated damages or pursue specific performance as provided below.

Inspection period: Buyer shall have days to inspect the Property and deliver any objections in writing. Seller shall disclose known material defects in accordance with law.

Proposed Closing Date:

Possession to Buyer shall occur on subject to Tenant's rights under the lease, if any. Title shall be conveyed by general warranty deed subject to standard exceptions and easements of record.

Disclosures

Seller makes the following representations and disclosures to Buyer and Tenant to the best of Seller's knowledge:

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

Known mold or water intrusion: Yes No

Prior material structural damage or repairs that affect habitability: Yes No

If yes, describe disclosures:

Default, Remedies, and Termination

If Tenant fails to pay rent or otherwise breaches a material term of this Agreement, Landlord may terminate the lease and pursue all remedies available at law or in equity including recovery of unpaid rent, costs of re-entry, and damages. If Buyer defaults after removal of contingencies, Seller may retain earnest money as liquidated damages or elect specific performance.

Default Remedies (additional agreed terms):

Title, Closing Costs, and Prorations

At Closing, Seller shall deliver marketable title by general warranty deed. Closing costs shall be allocated as follows: . Real property taxes, assessments and rents shall be prorated as of the closing date.

Notices

All notices under this Agreement must be in writing and shall be delivered by personal delivery, overnight courier, or certified mail to the addresses set forth above (or to any other address designated in writing).

Landlord Notice Address (if different): Tenant Notice Address (if different):

Representations, Warranties and Covenants

Each party represents and warrants that it has full authority to enter into this Agreement; that no bankruptcy or insolvency proceedings are pending; and that execution of this Agreement will not violate any other agreement or law. Seller hereby covenants to disclose any material title defects known to Seller prior to Closing.

Governing Law; Entire Agreement; Amendment

This Agreement shall be governed by the laws of the state where the Property is located. This Agreement contains the entire understanding between the parties and supersedes all prior agreements. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision is held invalid, the remainder shall remain in full force. Time is of the essence with respect to all dates and deadlines stated in this Agreement unless otherwise waived in writing.

Additional Terms or Riders:

Landlord / Seller:

By:

Date:

Tenant / Buyer:

By:

Date:

What the Real Estate Lease & Sale Agreement Is

A Real Estate Lease & Sale Agreement combines lease provisions with sale terms to document a property transfer that may proceed immediately or after a lease/option period. It defines parties, property description, financial terms (rent, purchase price, deposits), timing for exercise or closing, and responsibilities for maintenance, taxes, and insurance. The document can support lease-to-own, rent-with-option, or concurrent lease and installment sale arrangements. Properly executed, it becomes the primary contract governing possession, payment default remedies, and the process for recording or transferring title.

Why a Clear Lease & Sale Agreement Matters

A clear, complete agreement reduces ambiguity, limits disputes, and documents the parties’ rights and remedies. It preserves enforceability under federal and state e-signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, and it specifies requirements for recording, escrow, and closing to protect title and downstream lenders.

Core clauses to include in every Lease & Sale agreement

A robust agreement groups obligations into discrete clauses so each party understands timing, money, and remedies. The following elements are essential for clarity and enforceability.

Parties & Property

Identify full legal names of buyer/tenant and seller/landlord, plus a complete legal property description and parcel number if available.

Term & Possession

Specify lease start and end dates, whether possession transfers on signing or at closing, and conditions for early termination.

Price & Payments

State the purchase price or option price, rent schedule, payment methods, late fees, security deposit, and allocation of credits to purchase price.

Maintenance & Utilities

Allocate repair responsibilities, routine maintenance obligations, and who pays utilities, taxes, insurance, and HOA dues during the lease period.

Closing & Title

Define closing mechanics, escrow agent duties, title condition, required deeds, and who pays closing and recording costs.

Default & Remedies

Set breach triggers, cure periods, eviction or forfeiture consequences, earnest money disposition, and dispute resolution methods.

Step-by-step: completing the agreement

Follow a consistent sequence to assemble and execute a valid Lease & Sale Agreement and minimize disputes or recording errors.

01

Gather documents: Collect IDs, title report, tax parcel, and pre-approval or proof of funds.
02

Draft core terms: Fill parties, property, price, term, and any option-to-purchase language.
03

Review contingencies: Add inspection, financing, and title cure timelines and cure procedures.
04

Sign, notarize, record: Signatures, witnessing, or notarization as required; record deed or option if applicable.

Configure an online completion and signing workflow

Map each form field and downstream action before sending the agreement for signatures to ensure consistent processing and records retention.

Field	Configuration
Required Fields	Mark names, property description, price, and dates as mandatory
Validation Rules	Enforce MM/DD/YYYY date format and numeric currency fields
Authentication	Choose email, SMS code, or stronger signer verification
Routing & Storage	Set signing order and automatic archive to secure cloud storage

Technology and file requirements for eSigning and eSubmission

Ensure the platform supports the file types and signer authentication your transaction requires before you send documents for signature.

File formats: PDF and DOCX accepted
Authentication: Email, SMS, KBA, or enterprise SSO
Integrations: CRM, escrow, and cloud storage

Use a vendor that provides audit trails, tamper-evident signed PDFs, and secure storage to meet legal and title reviewer expectations.

Where to send or file the executed agreement

After execution, route copies to stakeholders and record documents that affect title at the appropriate public office.

Seller and Buyer: Provide fully executed originals to both parties
Escrow Agent: Deliver signed agreement and earnest money instructions
Lender: Share signed purchase documents and authorization for payoff
County Recorder: Record deeds, mortgages, or notices affecting title

Typical timing and deadline items to track

Document-specific dates govern rights and obligations; capture them clearly to avoid forfeiture or missed cure windows.

Effective Date:

The date the agreement becomes binding and starts notice periods

Inspection Period:

Defined short window for inspection and repair requests (contract specifies duration)

Option Exercise Deadline:

Date by which tenant must exercise purchase option if applicable

Closing Date:

Target date for transfer of title and final funds disbursement

Recording Deadline:

Record deeds promptly after closing per county recorder rules

Common preparation errors to avoid

Using informal or incomplete property descriptions instead of the legal description leads to recording rejection and title defects.
Mismatched party names between the agreement and ID or title company documents causes lender or escrow delays.
Vague payment crediting or ambiguous earnest money terms create disputes about deposits and purchase-price offsets.
Failing to specify who pays recording and closing fees often triggers post-closing disputes and unexpected costs.

Consequences of a flawed or incomplete agreement

Loss of Deposit: Forfeited if buyer/tenant breaches

Breach Damages: Monetary remedies and attorney fees possible

Unrecorded Title: Leads to competing claims or liens

Invalid Notices: Improper service can void termination

Tax Consequences: Misclassified payments may trigger reporting issues

Enforceability Risk: Ambiguous terms reduce court enforceability

eSignature vendor comparison for signing and routing agreements

Compare core pricing and capabilities when selecting an eSignature provider for high-volume real estate documents; signNow is listed first per vendor 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	Verify	Verify	Verify	Verify
Bulk Send	Yes (Business Premium)	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	Verify	Verify	Verify

Typical users and signers of a Lease & Sale Agreement

Several roles commonly prepare, review, and sign these agreements; understanding who is involved helps set workflow and authentication choices.

Landlords and property owners who sell or lease property and manage escrow or recording tasks.
Buyers, tenant-buyers, and investors exercising purchase options or funding closings.
Real estate brokers, escrow officers, title agents, and attorneys who prepare or review contract and closing documents.

Assign responsibilities early—who drafts, who coordinates title/escrow, and who is responsible for recording—to prevent missed steps at closing.

Primary signer roles

Landlord / Owner

The owner of the property or their authorized signatory. Responsible for disclosing material property facts, delivering clear title at closing, and agreeing to lease and sale terms; may coordinate escrow and recording.

Buyer / Tenant

The individual or entity acquiring property or holding a purchase option. Obligated to make payments, exercise option within specified period, obtain financing if applicable, and comply with inspection and contingency requirements.

How executed documents move through the process

After signing, documents follow a set routing sequence to finalize the transaction and effect title changes.

Signatures Collected: All parties sign and date the agreement following authentication rules
Escrow Processing: Escrow agent collects funds, verifies documents, and coordinates closing
Title & Recording: Title company reviews and county recorder records deeds or mortgages
Final Disbursement: Funds are disbursed and final notices issued after recording

Frequently asked questions and practical answers

Answers to common legal and execution questions for Lease & Sale agreements, focused on U.S. law and practical remedies.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are enforceable if intent, consent, attribution, and record retention are met. Exceptions such as certain court filings and testamentary documents may still require wet ink.
Is notarization always required?
Notarization is required for documents that will be recorded in most counties, and some states have additional witness requirements. Check county recorder rules and state law before execution to ensure recording acceptance.
What happens if party names don’t match title?
Mismatch can delay closing or require corrective deeds or affidavits. Use full legal names exactly as on ID and entity formation records to prevent title or lender issues.
How can I change terms after signing?
Amendments require mutual written agreement signed by all parties. Oral changes are generally unenforceable; document amendment or rescission and re-execution to confirm consent.
When should the deed be recorded?
Record deeds promptly after closing per county requirements to protect title. Delays can expose parties to lien claims or priority disputes.
How do I cancel or revoke an executed agreement?
Revocation depends on contract terms, mutual consent, or statutory rights (e.g., cooling-off provisions if any). Consult counsel; unilateral revocation after signing commonly leads to breach claims.

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