Can I sign the offer electronically?

Yes. Electronic signatures are legally recognized under the ESIGN Act and UETA where adopted, provided the parties demonstrate intent, consent, attribution, and record retention. Exceptions exist for some court filings and testamentary documents; confirm with counsel when in doubt.

When is notarization or witness required?

Notarization or witness requirements depend on state law and the document type. Some states require witness signatures for deeds or affidavits; others require notarization for certain acknowledgements. Check the state-specific notary rules before assuming execution alone is sufficient.

What if a party's name is wrong?

A name mismatch can create title or escrow delays. Correct errors with an amendment or corrective affidavit and obtain re-execution where necessary; involve title or escrow professionals to confirm remedy steps.

How do I withdraw an offer?

Withdrawals must follow the offer's terms and any stated deadlines. If the offer has not been accepted, notify the seller in writing before acceptance. If acceptance occurred, consult contract terms and legal counsel regarding rescission or termination rights.

Are lead-based paint disclosures required?

Yes for most residential properties built before 1978; federal law requires a disclosure and EPA pamphlet. Failure to include required disclosures can allow rescission or penalties under federal and state law.

Who records the deed after closing?

The buyer, closing agent, or title company typically records the deed with the county recorder after closing, following payment of transfer taxes and recording fees, to establish public ownership and preserve priority.

Electronic Signature
Templates
Real estate
Real Estate Offer and Disclosure

Real Estate Offer and Disclosure

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

REAL ESTATE OFFER AND DISCLOSURE

Date of Offer:

Parties

Buyer (Offeror) Buyer Contact Buyer Phone / Email Seller (Offeree) Seller Contact Seller Phone / Email

Property Identification

Property Address Parcel / APN Number Legal Description

Offer and Financial Terms

Purchase Price: $ Earnest Money: $ Deposit To:

Financing Contingency: days from mutual acceptance. Proposed Loan Amount: $ Interest Rate (approx):

Closing Date: . Possession Date: , subject to seller lease-back:

Buyer Closing Costs / Credits

Inspections, Contingencies and Deposits

Inspection Period: days from mutual acceptance. Buyer may, during that period, obtain reports for physical, pest, environmental and other inspections.

Items to be Removed or Included Holdback / Repair Escrow

Title, Closing and Prorations

Title Company / Escrow Agent Title Exceptions / Encumbrances

Property taxes and other customary prorations shall be adjusted through the date of closing. Buyer shall be responsible for recording fees and lender-required charges unless otherwise agreed in writing.

Mandatory Disclosures

Seller hereby discloses the following known conditions (select Yes or No):

Lead-Based Paint (if built before 1978) Yes No

Mold or Water Intrusion History Yes No

Structural or Foundation Damage Yes No

Termite or Wood-Destroying Organism Activity Yes No

Floodplain or Coastal Hazard Zone Yes No

Homeowners' Association or Common Interest Community Yes No

If any disclosures are answered "Yes", provide details

Representations, Warranties and Seller Covenants

Seller represents that, to Seller's knowledge, the information provided herein is true and correct and that the Property will be delivered at closing free and clear of all liens and encumbrances except those disclosed in the Title Exceptions section. Seller agrees to notify Buyer in writing of any material change in the condition of the Property prior to closing.

Default and Remedies

If Buyer fails to complete the purchase in accordance with this Offer, Seller may retain the earnest money as liquidated damages or pursue specific performance and other remedies at law or equity. If Seller fails to convey marketable title as required, Buyer may elect specific performance, termination and return of earnest money, or damages. Remedies are cumulative except where prohibited by law.

Miscellaneous Provisions

This Offer, including any accepted addenda and attachments, constitutes the entire agreement between the parties regarding the transaction and supersedes all prior agreements. This Offer may be amended only by a written instrument signed by both parties. Time is of the essence for all deadlines stated in this document.

Governing Law Addenda and Exhibits

Notices

Buyer Notice Address Seller Notice Address

Notices shall be effective upon personal delivery, delivery by nationally recognized overnight courier, or three business days after deposit in the United States mail, postage prepaid, addressed to the party's notice address above.

Acknowledgment and Certification

By signing below, Buyer certifies that this Offer is made in good faith and that Buyer has reviewed the disclosures provided by Seller. Seller certifies that Seller has provided all material information known to Seller concerning the Property. Each party acknowledges receipt of a copy of this Offer upon signing.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Offer and Disclosure Is

A Real Estate Offer and Disclosure is a single document used when a buyer submits an offer to purchase real property and the seller provides legally required disclosures about the property's condition, known defects, and material facts. It typically combines the buyer's proposed terms (price, deposit, contingencies, closing date) with seller disclosures mandated by state law or federal rules, such as lead-based paint or environmental hazards. When signed by both parties, the offer can form a binding contract subject to contingencies, and electronic execution is allowed where ESIGN and state law permit.

Why a Clear Offer and Accurate Disclosures Matter

A complete Offer and Disclosure reduces negotiation friction, clarifies obligations, and helps avoid later disputes by documenting material facts and deadlines under applicable state law and federal protections.

Typical Parties Who Complete or Rely on This Document

The Offer and Disclosure is completed by buyers and sellers and routinely prepared or reviewed by their agents and attorneys.

Listing agents — prepare seller disclosures, confirm compliance, and deliver documents to prospective buyers.
Buyers and buyer agents — draft offer terms, attach contingencies, and verify disclosure accuracy before signing.
Title companies / escrow officers — review for closing, check for recorded liens, and manage funds and recording.

Each party has distinct responsibilities: sellers must disclose known issues; buyers must investigate and meet deadlines to preserve contract rights.

Core Elements to Include in a Professional Offer and Disclosure

A well-structured Offer and Disclosure groups offer terms and seller disclosures into clear sections so signers can locate price, contingencies, and property facts at a glance.

Offer Terms

State purchase price, earnest money, payment method, and proposed closing date so the seller can evaluate economic and timing terms.

Earnest Money

Specify deposit amount, escrow holder, deposit deadline, and conditions under which funds are refundable or forfeited.

Contingencies

List inspection, financing, appraisal, and title contingencies with clear cure periods and removal or termination steps.

Property Disclosures

Include state-mandated disclosures on defects, lead-based paint (if applicable), hazard zones, and known environmental issues.

Fixtures & Items

Detail which fixtures, appliances, and personal property are included or excluded from the sale to avoid later disputes.

Acceptance Terms

Set the offer expiration, allowable seller responses (accept, counter, reject), and the method and timing for communicating acceptance.

Essential Fields to Collect

Property Address: Street, city, state, ZIP

Seller Name: Full legal name(s)

Buyer Name: Full legal name(s)

Purchase Price: Numerical amount

Earnest Money: Amount and escrow holder

Closing Date: MM/DD/YYYY format

Step-by-Step: Preparing and Submitting an Offer

Follow these sequential steps to prepare an offer, include disclosures, and deliver it so parties can accept or counter efficiently.

01

Draft Offer: Populate all fields, attach required disclosures.
02

Review Documents: Agent and attorney review for accuracy and compliance.
03

Send to Seller: Transmit via email, secure link, or eSignature platform.
04

Track Response: Record acceptance, counters, or rejection and preserve timestamps.

Configuring an Online Offer and Disclosure Workflow

Set up an online workflow to automate routing, required fields, and authentication for reliable electronic transactions.

Field	Configuration
Required Fields	Mark name, price, and effective date as mandatory
Conditional Fields	Show financing fields only if financing contingency checked
Signer Order	Define sequence: buyer signs then seller
Authentication Method	Choose email link, SMS code, or KBA as needed

Where to Send or File the Completed Document

After execution, route the Offer and Disclosure to the parties who need it and to any closing or recordkeeping service involved in the transaction.

Seller / Listing Agent: Primary recipient for acceptance or counteroffers
Buyer / Buyer Agent: Keeps executed copy for contingency tracking
Title / Escrow Company: Receive for escrow and closing processing
County Recorder: Record deed post-closing; not the offer itself

Digital Signing and File Requirements

Ensure the eSignature platform supports legal retention, audit trails, and file formats required for enforceability.

Accepted Formats: PDF, DOCX
Integrations: Works with CRMs and title systems
Authentication: Email, SMS, or KBA options

Use a platform that preserves an audit trail (timestamps, IP addresses), supports document export, and offers optional notarization or RON where state law permits.

Common Deadlines and Timing Expectations

Real estate offers rely on short, enforceable deadlines. Track each date carefully to avoid losing rights or funds.

Offer Expiration:

Seller's stated deadline to accept or counter

Earnest Money Due:

Typically within 3–5 business days of acceptance

Inspection Contingency Deadline:

Often 7–14 days after acceptance

Financing Contingency Deadline:

Matches lender approval timeline

Closing Date:

Agreed date when ownership transfers

Common Mistakes to Avoid

Leaving contingency dates vague, which can create disputes over when buyers must act or when contingencies expire.
Using inconsistent party names between the offer, pre-approval letters, and title documents, which can delay closing and require corrective documents.
Failing to attach state-mandated seller disclosures or tests, such as lead-based paint disclosures for homes built before 1978.
Not tracking earnest money deadlines or misdirecting deposit instructions, risking forfeiture or escrow disputes.

Consequences of Incomplete or Incorrect Documents

Contract Voidability: Buyer or seller can void agreement

Loss of Deposit: Earnest money may be forfeited

Legal Disputes: Potential litigation or mediation

Tax Reporting Issues: Incorrect reporting to IRS

Title Defects: Delayed closing or cure requirements

Missed Deadlines: Contingency rights can lapse

How This Document Differs from a Purchase Agreement

Compare the Offer and Disclosure with a finalized Purchase Agreement to understand when each form is used and what each establishes.

Criteria	Real Estate Offer & Disclosure	Purchase Agreement
Binding on Acceptance	conditional until acceptance	binding upon mutual assent
Includes Disclosures	yes, combines seller disclosures	may reference disclosures separately
Typical Use	initial negotiations and offers	final contract for closing
Amendments	often updated by counteroffers	executed amendment or addendum

eSignature Provider Comparison for Offer and Disclosure Workflows

Compare common vendor pricing and feature points relevant to high-volume offer and disclosure workflows; signNow is listed first per vendor-comparison convention.

	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 (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	Varies	Varies	Varies

Frequently Asked Questions and Troubleshooting

Answers to common questions about electronic execution, notarization, disputes, and what to do if information changes after signing.

Need help? Contact support

Can I sign the offer electronically?
Yes. Electronic signatures are legally recognized under the ESIGN Act and UETA where adopted, provided the parties demonstrate intent, consent, attribution, and record retention. Exceptions exist for some court filings and testamentary documents; confirm with counsel when in doubt.
When is notarization or witness required?
Notarization or witness requirements depend on state law and the document type. Some states require witness signatures for deeds or affidavits; others require notarization for certain acknowledgements. Check the state-specific notary rules before assuming execution alone is sufficient.
What if a party's name is wrong?
A name mismatch can create title or escrow delays. Correct errors with an amendment or corrective affidavit and obtain re-execution where necessary; involve title or escrow professionals to confirm remedy steps.
How do I withdraw an offer?
Withdrawals must follow the offer's terms and any stated deadlines. If the offer has not been accepted, notify the seller in writing before acceptance. If acceptance occurred, consult contract terms and legal counsel regarding rescission or termination rights.
Are lead-based paint disclosures required?
Yes for most residential properties built before 1978; federal law requires a disclosure and EPA pamphlet. Failure to include required disclosures can allow rescission or penalties under federal and state law.
Who records the deed after closing?
The buyer, closing agent, or title company typically records the deed with the county recorder after closing, following payment of transfer taxes and recording fees, to establish public ownership and preserve priority.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now