Can this agreement be e-signed?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA rules, electronic signatures are generally valid if intent, consent, attribution, and record retention requirements are met.

Is notarization always required?

Not always. Notarization requirements depend on state and instrument type; deeds typically require an acknowledgment and many states accept in-person or Remote Online Notarization where authorized.

What if names do not match?

Mismatched names between IDs, entity filings, and the agreement can delay recording. Correct via an amended instrument or attach authorizing documentation before recording.

How should the property be described?

Use the recorded legal description from the deed or title commitment. Street addresses are supplementary and not a substitute for the legal description.

What evidence should I keep?

Retain the signed instrument, recorded copy, audit trail, notary acknowledgement, and any exhibit attachments for the recommended retention period to support title and tax records.

Who can answer state-specific questions?

Consult county recorder rules, a local title officer, or licensed attorney for jurisdiction-specific recording, witness, and notarization requirements.

Electronic Signature
Templates
Real estate
Real Estate Non-Reserved Agreement

Real Estate Non-Reserved Agreement

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Real Estate Non-Reserved Agreement

This Real Estate Non-Reserved Agreement (the Agreement) is entered into as of by and between the following parties for the transfer of the real property described below. The parties agree that, unless expressly stated herein, no tangible personal property, fixtures, easements, profits, leases or other rights are reserved by Seller.

Parties

Seller (Full legal name) Seller address for notices Buyer (Full legal name) Buyer address for notices

Property Identification

Property street address Parcel / APN Legal description

Financial Terms

Purchase price (USD) Earnest money deposit (amount)

Deposit to be delivered to Escrow Agent: on or before .

Contingencies; Inspections; Closing

Financing contingency: Buyer shall have days from the effective date to obtain financing approval. If Buyer fails to secure financing within the stated period, Buyer may terminate this Agreement by written notice to Seller and the earnest money shall be handled in accordance with the escrow instructions.

Inspection period: Buyer shall have days from the effective date to complete all inspections and deliver any objection or termination notice to Seller. If Buyer elects to request repairs or credits, Seller shall respond within five business days; failure to agree permits Buyer to terminate.

Closing shall occur on or before at the office of the Escrow Agent or other mutually agreed location. Possession shall be delivered to Buyer on , subject to any agreed tenancy or other rights expressly reserved in this Agreement.

Closing cost allocations and title matters

Non-Reserved Items and Conveyance

Seller represents and warrants that Seller does not reserve any personal property, fixtures, rents, easements, rights of way, mineral rights, water rights, or other interests in or to the Property except as expressly set forth in this Agreement. Check the applicable box:

No items or interests are reserved by Seller; all rights and fixtures transfer to Buyer at closing.

If any items are reserved, list specifically below

Disclosures and Material Facts

To the best of Seller's knowledge, the following conditions are present:

Lead-based paint disclosure: Yes No

Known mold, moisture intrusion, or water intrusion: Yes No

Prior structural damage, repairs, or material defects: Yes No

If yes to any of the above, provide details

Title, Liens and Conveyance

Seller shall convey marketable title by general warranty deed (or other agreed instrument) free and clear of monetary liens, encumbrances or other claims except as expressly identified in this Agreement and permitted encumbrances. Seller shall deliver a title commitment at least days prior to closing. Buyer shall have days after receipt of the commitment to object to any title matters.

Defaults; Remedies

If Buyer defaults in performance of this Agreement, Seller may retain the earnest money as liquidated damages, pursue specific performance, or seek any other remedy available at law or equity. If Seller defaults, Buyer may elect specific performance or terminate and receive return of earnest money; Buyer may also pursue damages for breach. The parties agree that money damages may be inadequate in the event of breach and that equitable relief is appropriate where applicable.

Risk of Loss; Condition at Closing

Risk of loss to the Property shall remain with Seller until closing and transfer of title. If material damage occurs prior to closing, Buyer may elect to proceed with closing with appropriate credit for cost of repair, or may terminate and obtain return of earnest money, unless otherwise specified by mutual written agreement.

Representations; Survival

Seller represents that Seller is the lawful owner with full authority to convey the Property and that there are no pending actions that would impair Buyer’s title, except as disclosed in writing. All representations and warranties made herein shall survive closing for a period of one year, except for matters of title where survival shall be governed by applicable law.

Notices

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other addresses as the parties may designate in writing. Notices shall be effective upon delivery when sent by certified mail, personal delivery, or overnight courier.

Miscellaneous Provisions

Entire Agreement: This Agreement, including any exhibits or addenda executed by the parties, constitutes the entire agreement between the parties and supersedes prior discussions and agreements. Amendment: This Agreement may be amended only by a written instrument signed by both parties. Assignment: Neither party may assign its rights or obligations without the prior written consent of the other, except that Buyer’s lender may require assignment for financing purposes.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of .

Acknowledgment and Certification

Each party certifies that the party has read this Agreement, that the party has authority to enter into it, and that the representations made herein are true and correct to the best of the party’s knowledge. Each party further acknowledges receipt of a fully executed copy of this Agreement upon execution by all parties.

Buyer (Print Name):

By:

Date:

Seller (Print Name):

By:

Date:

What the Real Estate Non-Reserved Agreement Is

A Real Estate Non-Reserved Agreement is a written contract used in transactions where specific property rights, obligations, or interests are agreed between parties without creating reserved rights for a third party. It typically records terms for sale, transfer, lease, or assignment where no encumbrance or reservation is retained by the grantor. The form establishes parties, property description, consideration, effective date, and performance obligations. Because it affects title and enforceable duties, completing it accurately and following state recording and notarization requirements is essential to protect legal and financial interests.

Why a Clear Non-Reserved Agreement Matters

A precise Non-Reserved Agreement reduces title disputes, clarifies obligations, and simplifies closing and recording. It helps parties document transfer of rights, supports enforceability in court, and ensures compliance with state property, conveyancing, and disclosure rules.

Typical users and roles for this agreement

Professionals and counterparties who typically prepare or sign this agreement include brokers, buyers, sellers, lenders, title agents, and attorneys.

Real estate brokers and agents coordinating transaction terms and disclosures.
Buyers or sellers documenting transfer provisions and consideration terms.
Title and escrow officers verifying recordability and clear chain of title.

Knowing which party prepares and who must sign helps assign responsibilities and avoid last-minute defects at closing.

Step-by-step completion flow

Follow these core steps to prepare, sign, and record a Real Estate Non-Reserved Agreement correctly.

01

Prepare document: Populate parties, legal description, consideration and effective date.
02

Review title: Confirm there are no outstanding reservations or liens on record.
03

Obtain signatures: Collect required signatures, capacities, and dates from all parties.
04

Record or file: Submit to county recorder or appropriate office for indexing and acceptance.

Typical transaction routing for this agreement

This outlines a common routing sequence from draft through recording and distribution.

Drafting: Prepared by attorney, broker, or title agent and reviewed for accuracy.
Signature collection: Executed by parties either in-person or via eSignature with attribution.
Notarization: If required, obtain notarization in-person or via RON per state law.
Recording: Deliver to county recorder for indexing and obtain recorded copy.

Configuring an online workflow for this agreement

Set up fields, signer order, and authentication to match legal and closing needs.

Field	Configuration
Signer order	Set buyer then seller then notary/escrow
Authentication	Email plus SMS code or KBA where required
Conditional fields	Show notarization block only if signer selects 'requires notarization'
Auto-attach exhibit	Link legal description exhibit to property description field

Digital signing and platform considerations

Choose a platform that supports audit trails, conditional fields, and required integrations.

Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace, Box, Procore
File formats: PDF and Word DOCX accepted for upload and signing
Authentication: Email, SMS, KBA, and advanced signer verification options

Ensure the selected workflow preserves a tamper-evident audit trail and produces a downloadable signed record for title and escrow files.

Core elements to include in a professional agreement

A robust Non-Reserved Agreement contains specific, enforceable clauses that minimize ambiguity and protect parties.

Parties

Full legal names and capacities of each signatory, including entity identifiers or trust names where applicable.

Property

Complete legal description and any parcel identifiers, exhibits, or attached maps required for county indexing.

Consideration

Clear statement of payment terms, earnest money, escrow handling, or non-monetary exchange specifics.

Warranties

Limited warranty clauses regarding authority to transfer and absence of reserved interests or undisclosed encumbrances.

Governing law

Specify the state law that will govern interpretation and dispute resolution provisions.

Recordation clause

Direction on who will record, where to record, and responsibility for recording fees and compliance.

Additional practical provisions to include

Adding these practical clauses reduces post-closing issues and clarifies responsibilities.

Escrow instructions

Detail escrow agent duties, conditions of release, and required deliverables for closing to avoid disputes.

Allocation of costs

Specify which party pays recording fees, transfer taxes, notary charges, and any county-specific expenses.

Indemnity

Include limited indemnity for title defects discovered post-closing and procedures for remediation or claim resolution.

Delivery of documents

Define how executed and recorded copies will be delivered — electronic copy, courier, or mail — and timeline for delivery.

Practical tips for accurate and efficient completion

Follow these best-practice steps to reduce rework and ensure a smooth closing.

Use full legal descriptions

Always attach the recorded legal description as an exhibit; street addresses alone can lead to incorrect indexing and recording rejections.

Verify signer authority

Confirm corporate signers have recent board resolution or power of attorney; for trustees, include trust date and proof of trustee authority.

Coordinate recording

Decide which party records and pays fees in advance to prevent delays in title insurance issuance or escrow closing.

Preserve evidence

Retain a tamper-evident signed copy with audit trail, notarization acknowledgment, and recorded instrument number for file retention.

Common pitfalls to avoid when preparing this agreement

Using incomplete property descriptions or relying only on a street address can cause recorder rejection and delay closing.
Failing to identify signatory capacity (individual vs. corporate officer) may render the document unenforceable against the intended party.
Omitting who pays recording fees and transfer taxes often leads to disputes at closing and unexpected out-of-pocket costs.
Neglecting to attach required exhibits or recorded encumbrance releases can create title exceptions and block issuance of insurance.

Consequences of incorrect or incomplete agreements

Recording rejection: Errors can cause county recorders to reject the instrument.

Title exceptions: Unaddressed reservations create exceptions in title insurance.

Contract disputes: Ambiguities may trigger litigation over rights or performance.

Financial exposure: Unspecified cost allocation may lead to unexpected payments.

Delay in closing: Incomplete signing or mismatched names delay escrow and funding.

Regulatory noncompliance: Failure to notarize when required risks invalidation in some states.

Sample eSignature vendor comparison for Real Estate workflows

Compare typical starting prices and core feature availability; signNow is listed first per vendor-ordering guidelines.

	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 free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-world examples of use

These short case summaries show how organizations use electronic agreements for real estate transactions.

Martin Properties

Tim Martin, Founder, used e-signed non-reserved agreements to close remote property assignments quickly

Reduced in-person meetings and paperwork by consolidating approvals online
As a result, Martin Properties processed transactions with consistent compliance, mobile access, and faster turnaround, improving client experience while preserving recorded proof of transfer.

Optica Ventures LLC

Brian Fitzgibbons, COO, adopted online agreements for portfolio dispositions

Centralized signatures and title exhibits in one workflow
This enabled Optica Ventures to streamline closings, maintain auditable records, and reduce administrative time across multiple property transactions.

Key timing considerations and deadlines

Track these dates during preparation, signing, and recording to avoid late fees or title issues.

Effective Date Entry:

Enter effective date as MM/DD/YYYY at signing to set obligations start.

Signature Completion:

All parties should sign before scheduled closing or escrow funding date.

Notarization Timing:

Obtain notarization on or after signature date as required by state law.

Recording Deadline:

Record promptly after signing to preserve priority and marketability of title.

Document Delivery:

Deliver recorded copies to all parties within the agreed post-recording timeframe.

Primary milestones from draft to recorded instrument

A sequential milestone view helps coordinate parties, title, and escrow for a timely closing.

01

Draft Completion

Finalize text, exhibits, and legal description before signature routing.

02

Execution

Collect all required signatures and notarizations as applicable.

03

Submission to Recorder

Submit instrument to county recorder for indexing and acceptance.

04

Distribution of Recorded Copy

Provide recorded instrument numbers and copies to stakeholders.

Notarization and witness process overview

Follow the steps below when a notarization or witness attestation is required for recordability.

01

Confirm requirement

Determine if the county requires notarization or witnesses for this instrument.

02

Arrange notary

Schedule an in-person notary or RON session where permitted.

03

Signer ID

Signer presents government ID for verification by the notary.

04

Witness presence

If required, ensure the correct number of witnesses are physically present.

05

Record notarial act

Notary completes acknowledgement and journal entry or retains AV recording for RON.

06

Attach notary block

Include completed notary acknowledgement or jurat with instrument.

07

Check recorder rules

Confirm the county recorder accepts RON or requires in-person acknowledgment.

08

Retain proof

Keep notary journal entry or RON recording in the transaction file.

Frequently asked questions and troubleshooting

Answers to common questions about form completion, recording, and eSignature use for this agreement.

Need help? Contact support

Can this agreement be e-signed?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA rules, electronic signatures are generally valid if intent, consent, attribution, and record retention requirements are met.
Is notarization always required?
Not always. Notarization requirements depend on state and instrument type; deeds typically require an acknowledgment and many states accept in-person or Remote Online Notarization where authorized.
What if names do not match?
Mismatched names between IDs, entity filings, and the agreement can delay recording. Correct via an amended instrument or attach authorizing documentation before recording.
How should the property be described?
Use the recorded legal description from the deed or title commitment. Street addresses are supplementary and not a substitute for the legal description.
What evidence should I keep?
Retain the signed instrument, recorded copy, audit trail, notary acknowledgement, and any exhibit attachments for the recommended retention period to support title and tax records.
Who can answer state-specific questions?
Consult county recorder rules, a local title officer, or licensed attorney for jurisdiction-specific recording, witness, and notarization requirements.

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