Are electronic signatures valid?

Yes. Electronic signatures are legally recognized under the federal ESIGN Act and state UETA statutes when intent, consent, attribution, and record retention are satisfied (see 15 U.S.C. ch. 96 and UETA). Some exceptions apply for a few transaction types listed in state law.

Do deeds need notarization?

Most states require a notary acknowledgment on deeds before recording; some states also require witness signatures. Check county recorder rules and state law for specific notarization and witness counts.

Can the agreement be eSigned and notarized remotely?

Remote online notarization (RON) is permitted in most states with permanent RON laws, subject to identity proofing, audio-video recording, and journal retention. Verify your state's notary commission rules before using RON.

What happens if names don't match title records?

Mismatched names can generate title exceptions, delay lender approval, or require corrective documents. Use exact legal names and include entity documentation for corporate sellers or buyers.

How long should I keep closed transaction records?

Keep executed contracts and closing documents at least three years for IRS purposes and typically seven years for title defense and business records; HIPAA or other rules may require longer retention.

When should I consult an attorney?

Consult counsel for complex title issues, disputed property boundaries, major repairs, unusual escrow terms, or when federal or state regulations materially affect the transaction; attorney review reduces litigation risk.

Electronic Signature
Templates
Other
Real Estate Purchase and Sale Agreement

Real Estate Purchase and Sale Agreement

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

What the Real Estate Purchase and Sale Agreement Is

A Real Estate Purchase and Sale Agreement is a legally binding contract that records the terms under which a seller transfers property to a buyer. It identifies the parties, describes the property, states the purchase price, establishes financing and inspection contingencies, and sets the closing date and deliverables. The agreement allocates obligations for title, escrow, prorations, and risk of loss between contract signing and closing. Proper execution and complete terms reduce the risk of disputes and create the basis for recording the deed after closing.

Why this Agreement Matters for Buyers and Sellers

A clear Purchase and Sale Agreement defines rights, timelines, and remedies so parties and third parties (lenders, title companies) know their obligations and can proceed toward closing with predictable steps.

Who typically prepares and reviews this agreement

Real estate brokers, listing agents, buyers, sellers, title companies, and attorneys commonly prepare or review purchase and sale agreements.

Listing agent or broker prepares the initial draft and negotiates terms on behalf of the seller, aligning disclosures and closing timeline with seller expectations.
Buyer's agent reviews contingencies including inspection and financing, coordinates earnest money delivery, and ensures contingencies are satisfied or waived on schedule.
Title company or closing agent confirms title commitments, coordinates recording, and receives closing funds to complete escrow and issue title insurance.

Common signers and their roles

Buyer — Individual

A buyer signs to accept transfer terms, agrees to purchase price and contingencies, and authorizes escrow to disburse funds at closing. Buyers should verify names, financing deadlines, and the exact legal property description before signing.

Seller — Owner

A seller signs to convey marketable title subject to the agreement, affirms required disclosures, and authorizes deed execution at closing. Sellers must confirm encumbrances and be prepared to cure title defects or disclose them.

Essential clauses in a professional agreement

A robust Purchase and Sale Agreement uses clear, specific clauses to allocate risk, set deadlines, and identify closing deliverables so third parties and courts can enforce the parties' intent.

Property Description

Use the full legal description or street address plus parcel ID. Ambiguity can cause recording problems or title defects and delay closing and insurance issuance.

Purchase Price

State the exact dollar amount, allocation between earnest money and balance due, and any seller credits. Tie price adjustments to appraisal or financing contingencies when applicable.

Contingencies

Include inspection, financing, appraisal, and title review contingencies with explicit cure periods and consequences for failure to satisfy or timely waive them.

Closing Mechanics

Specify the closing date, location or escrow holder, delivery of deed, proration method, and conditions precedent for disbursement of funds.

Representations

Seller representations about authority, absence of undisclosed liens, and disclosures reduce later claims; buyer representations typically cover financing intent and earnest money capability.

Default Remedies

Define remedies such as contract termination, specific performance, or liquidated damages and establish how earnest money will be handled in a breach.

Key data elements to protect on the contract

Names: Full legal names

Property: Legal description

Price: Exact dollar amount

Dates: MM/DD/YYYY format

Signatures: Typed or drawn signature

Escrow Info: Escrow holder and account

Filling out a Purchase and Sale Agreement: step-by-step

Follow a consistent sequence: identify parties, describe property and price, set contingencies, choose closing logistics, and finalize signature blocks.

01

Identify parties: Enter full legal names exactly as on ID and title documents.
02

Describe property: Use legal description or parcel ID and physical address.
03

Set price and deposits: Specify purchase price, earnest money amount, and deposit schedule.
04

Add contingencies: Define inspection, financing, appraisal deadlines and cure periods.

Common transaction flow from contract to recording

A typical transaction follows predictable stages from executed contract through closing and deed recording; each stage involves different stakeholders and documents.

Contract executed: Buyer and seller sign and escrow receives earnest money.
Contingency period: Inspections, appraisal, and lender underwriting occur.
Closing preparation: Title company prepares closing statement and deed.
Closing and recording: Funds exchanged; deed recorded with county recorder.

Supporting documents and file formats to include

Include all documents that affect transfer and title. Maintain copies in common, archival-ready formats so parties and third parties can reproduce the record.

Deed

Recorded deed executed at closing, in PDF/A for long-term retention; includes full legal description and notary acknowledgment where required.

Title Commitment

Title company commitment showing outstanding liens, exceptions, and requirements to obtain insurable title; include as exhibit when required.

Inspection Reports

Home inspection, pest and septic reports attached or referenced; identify cure actions or credit allowances explicitly in the agreement.

Closing Statement

HUD-1 or closing disclosure showing final prorations, seller credits, and party disbursements; keep signed copies for recordkeeping.

Practical tips for accurate, enforceable agreements

Small drafting choices reduce disputes and speed closing; use precise language and confirm supporting exhibits.

Use complete legal property descriptions

Avoid relying solely on street addresses. Include parcel or lot numbers when available to prevent ambiguity during title search and recording.

Spell out money and numbers

Write the purchase price both numerically and in words to prevent arithmetic disputes; cross-check arithmetic on prorations and credits.

Set clear contingency deadlines

Provide explicit number of days and whether calendar or business days apply; include methods for delivering notices and waivers.

Confirm signatory authority

If an entity signs, attach corporate resolution or power of attorney showing authority to execute the agreement on behalf of the entity.

Common timing windows and dates to track

Track key dates explicitly in the contract and calendar alerts so contingencies, financing, and closing deadlines are not missed.

Inspection period:

Typically 7–14 days for buyer inspections and repair requests.

Loan commitment:

Buyer usually secures lender commitment within 21–45 days.

Appraisal deadline:

Often 14–21 days from contract execution to complete appraisal.

Final walk-through:

Usually scheduled within 24–72 hours before closing.

Closing date:

Fixed date for exchange of funds and recording of deed.

How this agreement differs from related document types

Compare common document types by whether they are binding at signature and whether they are recorded with county offices.

Document Type	Binding on Sign	Recording Needed
Purchase Agreement
Residential Lease
Deed
Option to Purchase

eSignature vendor comparison for real estate transactions

Pricing and core features vary by vendor; signNow is listed first for direct comparison across typical plan attributes and compliance 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 trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common errors that delay closing

Entering an informal or incomplete legal description that differs from county records leads to title exceptions and recording rejections.
Using nicknames or partial names that do not match government ID or title records can block lender approval and title insurance.
Failing to set or track contingency deadlines causes automatic waivers or disputes over whether conditions were timely satisfied.
Omitting escrow holder details or incorrect escrow wiring instructions increases risk of misdirected funds and settlement delays.

Consequences of incorrect or incomplete agreements

Unenforceable Terms: May void remedies

Recording Rejection: Deed may be rejected

Closing Delays: Financing may fall through

Escrow Disputes: Funds held or contested

Title Exceptions: Insurer may require cures

Tax Outcomes: Incorrect proration or reporting

Digital signing and platform compatibility

Real estate workflows commonly use PDF and DOCX formats and integrate with CRMs and title systems for routing and storage.

File formats: PDF, DOCX, HTML
Integrations: Salesforce, NetSuite, Microsoft 365
Security: AES-256 at rest

Real-world examples of purchase agreement use

Examples show how the agreement functions across transaction sizes and stakeholders.

Broker-managed sale

A regional brokerage uses a standard form to capture buyer offers and contingencies quickly

The form includes financing and inspection deadlines
This approach reduced turnaround time for accepted offers and gave clear instructions for escrow and title coordination.

Developer resale

A developer attaches construction schedules and warranty exhibits to the agreement

The buyer reviews punchlist and completion milestones
Explicit exhibits prevented disputes about final acceptance and ensured final payments aligned with completion criteria.

Frequently asked questions about execution and validity

Answers address common legal and practical questions, including eSignature validity, notarization, and record retention for real estate contracts.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are legally recognized under the federal ESIGN Act and state UETA statutes when intent, consent, attribution, and record retention are satisfied (see 15 U.S.C. ch. 96 and UETA). Some exceptions apply for a few transaction types listed in state law.
Do deeds need notarization?
Most states require a notary acknowledgment on deeds before recording; some states also require witness signatures. Check county recorder rules and state law for specific notarization and witness counts.
Can the agreement be eSigned and notarized remotely?
Remote online notarization (RON) is permitted in most states with permanent RON laws, subject to identity proofing, audio-video recording, and journal retention. Verify your state's notary commission rules before using RON.
What happens if names don't match title records?
Mismatched names can generate title exceptions, delay lender approval, or require corrective documents. Use exact legal names and include entity documentation for corporate sellers or buyers.
How long should I keep closed transaction records?
Keep executed contracts and closing documents at least three years for IRS purposes and typically seven years for title defense and business records; HIPAA or other rules may require longer retention.
When should I consult an attorney?
Consult counsel for complex title issues, disputed property boundaries, major repairs, unusual escrow terms, or when federal or state regulations materially affect the transaction; attorney review reduces litigation risk.

Explore Templates

Wright v. River Region Medical Corporation Civil Action No. 310 CV Wright v. Southern Mono Hospital District Plaintiff's Cross Motion for Summary Judgment and Response Plaintiff's Supplemental Brief in Opposition to Defendant's Final Judgment of Dismissal Probate Procedures Manual - Jackson County Circuit Court

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now