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Real Estate Purchase and Sale Agreement

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REAL ESTATE PURCHASE AND SALE AGREEMENT

Parties and Recitals

This Real Estate Purchase and Sale Agreement (the Agreement) is made between Seller: and Buyer: .

Property Identification

Purchase Price & Payment Terms

The total purchase price for the Property is $ (Purchase Price), payable as set forth below.

Balance due at closing, after application of earnest money and credits, shall be paid in funds acceptable to the Closing Agent.

Financing Contingency

Financing contingency applies: Yes No

Buyer shall have calendar days from the Effective Date to obtain financing approval in accordance with this Agreement.

Inspection and Due Diligence

Buyer shall have the right to inspect the Property for a period of days following the Effective Date. Buyer may terminate the Agreement within the inspection period by delivering written notice to Seller in accordance with the Notices provision.

Closing, Title, and Possession

Closing shall occur on or before (Closing Date) at the office of the Escrow Agent or as otherwise agreed in writing.

Title: Seller shall convey marketable title by general warranty deed, subject only to permitted exceptions. Buyer shall be provided with a preliminary title report within a reasonable time prior to Closing.

Possession shall be delivered to Buyer on unless otherwise agreed in writing.

Fixtures, Personal Property, and Exclusions

The sale includes all fixtures and improvements now attached to the Property unless specifically excluded in writing. Excluded items (if any):

Seller Representations and Disclosures

Seller represents that, to Seller's knowledge, the following conditions are true as of the Effective Date:

Lead-based paint disclosed: Yes No

Known mold or water intrusion: Yes No

Prior material damage or structural repairs: Yes No

Prorations, Taxes and Utilities

Real estate taxes, assessments, and utilities will be prorated as of the Closing Date according to customary local practice. Buyer shall be responsible for utilities beginning on the Possession Date unless otherwise agreed in writing.

Default and Remedies

If Buyer fails to perform under this Agreement, Seller may retain the earnest money as liquidated damages or pursue specific performance or other remedies at law or in equity. If Seller fails to perform, Buyer may seek specific performance or terminate and recover the earnest money and other damages as permitted by law. The parties agree that remedies are cumulative unless otherwise provided in this Agreement.

Insurance; Risk of Loss

Risk of loss or damage to the Property prior to Closing shall remain with Seller. If material damage occurs prior to Closing, Buyer may elect to proceed to Closing with adjustments, obtain Seller's agreement to repair, or terminate this Agreement if the damage materially impairs the value of the Property.

Closing Costs

Unless otherwise agreed, Seller shall pay costs to deliver marketable title and excise or transfer taxes required by law. Buyer shall pay lender fees, loan costs, recording fees for documents required by Buyer’s lender, and Buyer’s closing costs. Closing costs to be allocated as follows:

Notices

All notices under this Agreement must be in writing and delivered to the addresses set forth in this Agreement, by personal delivery, certified mail, or nationally recognized overnight courier. Notice is effective upon receipt.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Property is located. This Agreement constitutes the entire agreement between the parties concerning the sale of the Property and supersedes all prior negotiations and agreements. Amendments must be in writing and signed by both parties.

Miscellaneous

Time is of the essence with respect to the dates contained in this Agreement. If any provision is unenforceable, the remainder shall remain in full force and effect. Headings are for convenience only and do not affect interpretation.

Seller:

By:

Date:

Buyer:

By:

Date:

Enter text✕

What a Real Estate Purchase and Sale Agreement Is

A Real Estate Purchase and Sale Agreement is a legally binding contract that sets out the terms under which a seller transfers real property to a buyer. It defines purchase price, deposit/earnest money, financing and inspection contingencies, closing date, prorations, and any seller disclosures or fixtures excluded. The agreement allocates risk, specifies title and closing procedures, and often obligates parties to deliver specified documents at closing. Properly completed, it becomes the primary record used by title companies, lenders, and courts to enforce obligations and close the transaction.

Why a Clear Purchase and Sale Agreement Matters

A well-drafted agreement reduces uncertainty, sets objective deadlines, protects deposit funds, and defines remedies for breach. It clarifies who pays closing costs, what condition the property must be in at closing, and how title and risk transfer — limiting later disputes and litigation risk.

Why a Clear Purchase and Sale Agreement Matters

Who typically completes a Purchase and Sale Agreement

Parties and professionals involved in a purchase agreement vary by transaction size, but common participants are consistent across residential and commercial deals.

  • Buyers and buyer agents who negotiate price, contingencies, and deposit terms for the purchaser.
  • Sellers and listing agents who disclose property condition and accept or counter offers on behalf of owners.
  • Title companies, lenders, and closing attorneys who review title, prepare closing statements, and coordinate recording.

Each participant has specific roles and authority; naming the correct signers and representatives in the agreement avoids delays at closing.

Who can sign on behalf of the parties

Buyer — Authorized Signer

An individual buyer signs personally. If the buyer is an entity, an officer or authorized agent signs and should attach proof of authority such as a corporate resolution or LLC operating agreement to demonstrate signing power.

Seller — Authorized Signer

The seller must be the record owner or an authorized signatory. Trustees, executors, or power‑of‑attorney designees should attach evidence of authority to avoid title company or lender rejections at closing.

Essential data fields included in the agreement

Property ID: Legal description
Purchase Price: Total dollar amount
Earnest Money: Deposit amount
Closing Date: MM/DD/YYYY
Contingencies: Inspection/financing
Title Requirements: Title insurance terms

Step-by-step: Completing the Purchase and Sale Agreement

Follow these steps in order to create a complete, enforceable agreement and reduce common closing issues.

  • 01
    Prepare basic data: Enter buyer/seller names, legal property description, and address.
  • 02
    Set price & deposit: Specify purchase price, earnest money amount, and deposit timing.
  • 03
    Add contingencies: Define inspection, appraisal, and financing deadlines clearly.
  • 04
    Sign and date: All signers must sign and include printed names and dates.

How to set up a digital workflow for this agreement

Configure a digital signing workflow with clear roles, authentication, and post-signature routing to ensure a clean closing package.

Field Configuration
Signer Order Sequential or parallel based on negotiation process
Authentication Email + SMS code or stronger KBA for high-value deals
Attachments Require title report and seller disclosures upload
Final Delivery Send executed copy to title company and lender

Where to send the signed agreement and closing documents

After execution, route copies to stakeholders and the closing agent to advance title clearance and loan processing.

  • Title Company: Deliver executed agreement, any addenda, and earnest money instructions.
  • Lender: Send copies for underwriting and loan conditions.
  • Escrow/Closing Agent: Provide deposit records and ID for closing documents.
  • Parties: Each signer should receive a final, timestamped PDF with audit trail.

Digital signing and technical considerations

Ensure your eSignature platform supports secure authentication, preserves an audit trail, and exports ISO‑compatible signed PDFs.

  • Formats: PDF, DOCX supported
  • Integrations: Salesforce, Google Workspace, Microsoft 365
  • Security: TLS and AES-256 at rest

Common deadlines and timing expectations

Typical purchase agreements establish several short, enforceable deadlines; missing them can forfeit rights or terminate the contract.

Offer Expiration:

Time stated on the offer; after that seller may reject.

Inspection Period:

Commonly 7–14 days; buyer must notify seller in writing.

Financing Commitment:

Date by which buyer must secure loan approval.

Closing Date:

Set MM/DD/YYYY or 'X days after conditions met.'

Recording Deadline:

County recording occurs at or immediately after closing.

Key transaction milestones from offer to recording

A concise milestone view helps teams track progress and assign responsibility at each stage.

01

Offer Accepted

Parties execute the agreement and buyer deposits earnest money.

02

Inspections Completed

Buyer completes inspections and requests repairs or credits.

03

Loan Approval

Lender issues commitment or underwriting conditions.

04

Closing and Recording

Funds transfer, deed signed, and deed recorded at county office.

Common mistakes that delay closings

  • Using inconsistent party names between contract, title, and ID, which causes title company rejections and delays in closing.
  • Failing to specify inspection and financing deadlines clearly, creating disputes over whether contingencies were timely satisfied.
  • Omitting or misdescribing the legal property description, leading to recording problems and potential title defects.
  • Not attaching required authority documents for entities or agents, causing lenders or title companies to refuse to close.

Penalties and risks of errors in the agreement

Deposit Forfeiture: Buyer may lose earnest money
Specific Performance: Court may compel sale
Delay Costs: Additional interest or fees
Title Issues: Risk of clouded title
Loan Denial: Buyer obligation may fail
Litigation: Costly legal disputes

Pricing and feature comparison for eSignature tools

High-level pricing and capability differences among common eSignature providers. Use this to compare starting costs and basic feature availability; verify vendor terms for enterprise needs.

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 by vendor Varies by vendor Varies by vendor Varies by vendor
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 by plan Varies by plan Varies by plan

Real-world examples of Purchase and Sale Agreement use

Practical examples show how clauses and workflows are adjusted for different circumstances.

Residential Sale with Inspection Contingency

A buyer added a 10-day inspection contingency and an itemized repair request

  • inspection identified roof issues
  • parties negotiated a credit; the closing proceeded on the scheduled date after lender approved the adjusted condition and credit.

Commercial Transaction with Entity Buyer

An LLC purchased office space and attached a corporate resolution authorizing signing

  • lender required proof of authority
  • the attached resolution avoided title rejection and allowed timely closing with lender conditions satisfied.

Frequently asked questions about execution and enforceability

Answers to common legal and practical questions about signing, electronic execution, and state law nuances for real estate contracts.


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