Are electronically signed agreements enforceable?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA statutes where adopted, provided intent, consent, attribution, and retention conditions are met.

Does a pre-purchase agreement need notarization?

Typically no for purchase agreements, though notarization can aid authenticity. Deeds and certain conveyances usually require notarization for recording; check state recording rules.

Can I add or change contingencies after signing?

Changes require written amendment signed by all parties. Unilateral changes may be ineffective and could trigger breach remedies unless permitted by original terms.

What happens if a financing contingency fails?

If financing contingency is properly invoked, buyer may terminate and seek refund of earnest money per contract terms; absent valid contingency buyer may face deposit forfeiture or damages.

How do I cancel a pending agreement?

Follow termination clauses in the agreement. If no termination right exists, mutual release executed by both parties is typically required to avoid breach claims.

Do I need witnesses for signature validity?

Most states do not require witnesses for purchase agreements, but some states require witnesses for deeds or durable powers of attorney; consult state-specific rules before execution.

Electronic Signature
Templates
Real estate
Real Estate Pre-Purchase Agreement

Real Estate Pre-Purchase Agreement

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

REAL ESTATE PRE-PURCHASE AGREEMENT

Parties

Seller (Full legal name) Seller Mailing Address Seller Phone Seller Email Buyer (Full legal name) Buyer Mailing Address Buyer Phone Buyer Email

Property Identification

Property Address Parcel / APN Number Legal Description

Purchase Terms

Purchase Price: $ Earnest Money Deposit: $ to be paid to Escrow Holder within days of the Effective Date.

Effective Date (date of last signature): Closing Date: Possession Date:

Escrow Holder / Title Company Escrow Holder Address & Contact

Financing Contingency

This Agreement is contingent upon Buyer obtaining financing: Yes No If yes, Buyer shall apply for loan(s) with a target loan amount of $ . Financing approval deadline: .

Inspection and Due Diligence

Buyer shall have calendar days from Effective Date to conduct inspections. Seller shall permit reasonable access. If Buyer delivers written notice of unsatisfactory conditions, the parties shall negotiate in good faith or Buyer may terminate and receive return of earnest money as provided herein.

Inspection Items / Additional Provisions

Title, Survey and Closing

Seller shall provide marketable title and deliver a current Owner's Policy of Title Insurance at closing. Buyer shall have days to review title and object to exceptions. Seller shall have reasonable period to cure title defects.

Survey / Boundary Matters

Prorations and Closing Costs

Taxes, assessments, rents and other customary items shall be prorated as of the Closing Date. Closing costs shall be allocated as follows: Seller pays ; Buyer pays .

Fixtures, Personal Property and Exclusions

Items Included or Excluded

Disclosures

Lead-Based Paint (if applicable): Yes No

Known Mold or Moisture Damage: Yes No

Prior Structural or Material Damage: Yes No

Seller's Additional Disclosures / Known Defects

Default and Remedies

If Buyer defaults under this Agreement, Seller may retain the earnest money as liquidated damages or pursue actual damages where permitted by law. If Seller defaults, Buyer may seek return of earnest money, specific performance, or other remedies at law or in equity. The parties acknowledge these remedies are cumulative unless otherwise limited in writing.

Representations and Warranties

Seller represents title, authority to sell, that no undisclosed leases or liens exist except as disclosed, and that Seller has not received notice of eminent domain or material pending litigation affecting the Property. Buyer represents authority to enter and ability to complete purchase subject to financing contingencies above. All representations are material and surviving closing as provided by law.

Miscellaneous

Governing Law: This Agreement shall be governed by the laws of the state of , without regard to conflict of laws principles.

Entire Agreement: This Agreement, together with any attached exhibits or addenda, constitutes the entire agreement between the parties regarding the sale of the Property and supersedes all prior agreements and understandings. Any amendment must be in writing and signed by both parties.

Additional Terms or Addenda

Acknowledgment: Each party acknowledges receipt of a fully executed copy of this Agreement and affirms the signatory has authority to bind the respective party.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Pre-Purchase Agreement Covers

A Real Estate Pre-Purchase Agreement is a written contract between prospective buyer(s) and seller(s) that records agreed terms before closing. It typically sets the purchase price, earnest money, inspection and financing contingencies, closing date, and allocation of costs. The agreement is a binding contract under state contract law when executed with required formalities and can coexist with title, escrow, and lender conditions. Parties commonly use it to manage risk during due diligence and to define remedies for breach while the final deed and recording occur.

Why a Clear Pre-Purchase Agreement Matters

The agreement clarifies obligations, protects earnest money, allocates risk for inspections and financing, and sets a firm timeline.

Who Typically Prepares and Signs This Agreement

Common parties include buyers, sellers, brokers, and lenders; each has distinct interests and typical inputs.

Buyers and buyer representatives — confirm financing, inspection windows, and deposit terms before signing.
Sellers and listing agents — specify property condition disclosures, fixtures to remain, and acceptance or counteroffer terms.
Lenders and title/escrow agents — provide loan conditions, title requirements, and closing funds instructions where applicable.

Roles and responsibilities should be specified in the agreement so signatory authority and obligations are clear at closing.

Step-by-Step: Completing the Agreement

Follow this sequence to prepare, review, sign, and move toward closing efficiently.

01

Draft Agreement: Populate fields, attach exhibits, and set dates.
02

Negotiate Terms: Counteroffers modify price, contingencies, or closing timeline.
03

Execute Signatures: All parties sign and date; notarize if required.
04

Deliver to Escrow: Send agreement and deposit to title/escrow for processing.

Essential Sections to Include in a Professional Agreement

A comprehensive document reduces ambiguity. Include precise clauses that lenders, title companies, and courts commonly review.

Parties

Full legal names and contact details for buyer(s) and seller(s), plus entity identifiers for LLCs or trust-owned property.

Property Description

Street address plus legal description or parcel number. Attach plats or exhibits when available to prevent recording disputes.

Consideration

Purchase price breakdown, allocation of closing costs, prorations, and method of payment (wire instructions or escrow deposit).

Deposits and Escrow

Earnest money amount, escrow agent details, deadlines for deposit delivery, and conditions for refund or forfeiture.

Contingencies

Inspection, financing, appraisal, title review, and HOA approval with explicit cure periods and notice procedures.

Closing Mechanics

Target closing date, location, deed type, possession timing, and responsibilities for closing costs and recording.

Key Data Elements Required in the Agreement

Signer Names: Legal names of all signatories

Property Details: Full street and parcel data

Monetary Terms: Price, deposit, and prorations

Deadlines: Inspection and closing dates

Escrow Agent: Title or escrow company contact

Signatures: Typed or handwritten signature entries

Digital Signing and Platform Considerations

Electronic execution is widely accepted; choose a platform that supports legal audit trails and authentication.

Authentication: Email, SMS, or stronger options
Audit Trail: Timestamps, IP, and event log
Integrations: CRM, title, and cloud storage

Typical Online Workflow Settings

Configure these settings when creating a reusable template for pre-purchase agreements.

Field	Configuration
Signature Fields	Required signer order and role assignment
Authentication	Email link or SMS code for signer validation
Conditional Fields	Show inspection clause only if box checked
Notifications	Automatic email on signer completion

Where to Send and How Documents Move Forward

Understand routing steps so escrow, lender, and title receive required copies at the right time.

Send to Signers: Email or secure link to buyer and seller
Collect Signatures: Signers authenticate and execute
Deliver to Title: Send executed agreement to escrow or title company
Attach to Closing: Agreement becomes part of closing package

Common Timeframes and Deadline Expectations

Agreements normally specify a set of short-term deadlines tied to contingencies and closing.

Inspection Period:

Typically 7–10 days for property inspection

Financing Contingency:

Buyer's loan approval deadline often 21–30 days

Appraisal Review:

Complete within lender timeline, commonly 10–21 days

Closing Date:

Date when deed transfers and funds are wired

Deposit Deadline:

Earnest money due within 3–5 business days

Key Milestones from Offer to Closing

A typical milestone flow tracks acceptance through to recording and possession.

01

Offer Accepted

Agreement signed by seller and buyer; earnest money scheduled

02

Due Diligence

Inspections, disclosures, and title review completed

03

Financing Approval

Lender issues clear-to-close and sends conditions

04

Closing and Recording

Funds transfer, deed signed, and recording at county

Common Preparation and Drafting Errors

Using informal or ambiguous dates that create disputes about deadlines or contingency expiration.
Failing to name the correct legal entity or misspelling party names, causing title or funding delays.
Leaving contingencies vague or omitting how cure periods and notice must be delivered.
Not coordinating escrow instructions with the earnest money deposit holder leading to misapplied funds.

Consequences of an Incorrect or Incomplete Agreement

Deposit Forfeiture: Buyer may lose earnest money

Breach Damages: Monetary exposure for nonperformance

Title Issues: Delayed or rejected recording

Financing Failure: Loan denial or delay

Legal Costs: Attorney fees and litigation risk

Tax Impacts: Unintended reporting or withholding

eSignature Vendor Comparison for Real Estate Documents

Comparison focuses on typical features that affect real estate workflows: price, trial availability, bulk sending, audit trails, HIPAA support, and envelope caps.

	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	Trial varies	Trial varies	Trial varies	Trial varies
Bulk Send	Yes	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 About Pre-Purchase Agreements

Answers address enforceability, e-signatures, notarization, changes after signing, and how to cancel or amend agreements.

Need help? Contact support

Are electronically signed agreements enforceable?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA statutes where adopted, provided intent, consent, attribution, and retention conditions are met.
Does a pre-purchase agreement need notarization?
Typically no for purchase agreements, though notarization can aid authenticity. Deeds and certain conveyances usually require notarization for recording; check state recording rules.
Can I add or change contingencies after signing?
Changes require written amendment signed by all parties. Unilateral changes may be ineffective and could trigger breach remedies unless permitted by original terms.
What happens if a financing contingency fails?
If financing contingency is properly invoked, buyer may terminate and seek refund of earnest money per contract terms; absent valid contingency buyer may face deposit forfeiture or damages.
How do I cancel a pending agreement?
Follow termination clauses in the agreement. If no termination right exists, mutual release executed by both parties is typically required to avoid breach claims.
Do I need witnesses for signature validity?
Most states do not require witnesses for purchase agreements, but some states require witnesses for deeds or durable powers of attorney; consult state-specific rules before execution.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now