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Real Estate Purchaser Declaration

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REAL ESTATE PURCHASER DECLARATION

Parties and Recitals

Buyer Name:    Seller Name:

This Real Estate Purchaser Declaration (the "Declaration") is submitted by the Buyer identified above in connection with Buyer’s offer to purchase the real property described below (the "Property"). By signing this Declaration Buyer certifies the representations and acknowledgements set forth herein are true, complete and made to induce Seller and escrow/closing agents to accept or continue to process Buyer’s offer.

Property Identification

Contact Information

Purchase Terms and Financials

Purchase Price: $    Earnest Money Deposit: $

Deposit Due Date:    Closing Date:    Possession Date:

Financing and Source of Funds

Buyer intends to purchase the Property:   

Buyer represents that the funds to be used for the purchase are from lawful sources and that Buyer will provide, upon request of Seller or escrow, documentation sufficient to establish the source and availability of funds for closing. Buyer understands that knowingly providing false information is a material misrepresentation.

Contingencies, Inspections and Disclosures

Inspection Period (number of days after acceptance):    Inspection Deadline:

Buyer acknowledges receipt of Seller’s disclosures (if any) and acknowledges the opportunity to conduct property inspections. If defects are discovered during the inspection period, Buyer must provide written notice to Seller within the inspection period. Failure to timely notify Seller constitutes waiver of Buyer’s inspection objections.

Lead-Based Paint Present:

Known Mold / Water Damage:

Prior Structural Damage or Major Repairs:

Representations, Warranties and Certifications

Buyer hereby represents, warrants and certifies under penalty of perjury that: (a) Buyer has full authority to execute this Declaration; (b) all information provided by Buyer in this Declaration is true, complete and accurate; (c) Buyer is not a party to any pending litigation that would impair Buyer’s ability to close; and (d) Buyer is not purchasing the Property on behalf of any undisclosed third party.

Is Buyer related to Seller or otherwise affiliated with Seller?

Default, Remedies and Indemnity

If Buyer fails to perform Buyer’s obligations under the purchase agreement or this Declaration, Seller may retain the earnest money as liquidated damages or pursue other remedies available at law or in equity. Buyer agrees to indemnify Seller and hold Seller harmless from any losses, costs, fees and expenses (including reasonable attorneys’ fees) arising from any material misrepresentation or breach by Buyer.

Governing Law and Entire Agreement

This Declaration will be governed by and construed in accordance with the laws of the state in which the Property is located. This Declaration, together with the purchase agreement and any written addenda, constitutes the entire agreement among the parties with respect to the matters contained herein and supersedes all prior negotiations and understandings.

Acknowledgement

Buyer acknowledges that Seller may rely on the statements in this Declaration in determining whether to accept Buyer’s offer. Buyer further acknowledges that Seller may share this Declaration with escrow, title, lenders and other parties with a legitimate interest in the transaction. Buyer understands that falsification of information may result in legal action.

Buyer:

By:

Date:

Seller:

By:

Date:

Enter text✕

What the Real Estate Purchaser Declaration is and when it's used

A Real Estate Purchaser Declaration is a written statement the buyer provides during a property purchase to confirm facts that affect the transaction, such as identity, intended occupancy, source of funds, financing status, and any known material defects. The declaration is commonly attached to purchase agreements or escrow instructions and may be required by sellers, lenders, or title companies to validate closing conditions. Depending on the transaction it can be notarized, witnessed, or submitted electronically and may form part of the record used for title, escrow, tax, or regulatory review.

Why a Purchaser Declaration matters in a real estate closing

The declaration documents buyer representations that affect title, lender underwriting, and seller risk allocation. It promotes clarity about funding, occupancy, and contingencies, reduces disputes at closing, and creates a record for escrow and title reviewers.

Why a Purchaser Declaration matters in a real estate closing

Who completes and relies on the Purchaser Declaration

Documents should be completed by the buyer and circulated to broker, escrow, lender, and title as specified in the purchase contract.

  • Buyers and their attorneys: complete buyer-specific facts, attest to funding and occupancy intentions, and accept legal consequences for misstatements.
  • Listing and buyer brokers: collect declarations to confirm buyer qualifications and satisfy seller disclosure or contract contingencies.
  • Lenders, title agents, and escrow officers: use the declaration to confirm underwriting, title exceptions, and escrow instructions before closing.

Core elements to include in a professional Purchaser Declaration

A complete declaration addresses identity, property, price, financing, factual attestations, and execution details. Each element helps third parties verify closing conditions and supports enforceability when combined with signatures, acknowledgements, or notarization.

Buyer identity

Full legal name, entity type, and contact details to match ID, escrow instructions, and title records; avoids mismatched party problems.

Property details

Physical address and legal description to precisely identify the asset and avoid recording or title ambiguities during transfer.

Purchase price

Stated purchase price and earnest money terms so escrow and lender routing reflect contract consideration and deposit credits.

Source of funds

Affirmation of funds source (cash, loan, gift) and any lender or grant conditions important for underwriting and anti-money laundering checks.

Buyer attestations

Statements on intended occupancy, known defects, foreign buyer status, or other material facts that affect tax, title, or regulatory reporting.

Execution details

Signature block, date, printed name, and notary/ witness fields if required for recordation or lender conditions.

Step-by-step: completing and submitting the Purchaser Declaration

Follow these sequential steps to prepare, verify, and circulate the declaration for closing.

  • 01
    Prepare form: Gather buyer ID, contract, escrow contact, and lender details before entering data.
  • 02
    Complete fields: Fill every required field using MM/DD/YYYY and consistent names to match supporting documents.
  • 03
    Authenticate identity: Provide notarization, RON, or other authentication if the contract or lender requires it.
  • 04
    Send to stakeholders: Deliver the signed declaration to escrow, title, lender, and listing agent per contract instructions.

Where the signed declaration is routed and who receives it

A signed declaration becomes part of the closing packet and is routed to parties who need it for underwriting, title, or escrow clearance.

  • Escrow officer: Receives the executed declaration for closing file and disbursement handling.
  • Title company: Uses the declaration to resolve exceptions and prepare the title commitment.
  • Lender: Reviews funding attestations before funding or issuing final loan documents.
  • Seller/Agent: Keeps a copy to confirm buyer representations and contingency satisfaction.

Configuring an online workflow for the Purchaser Declaration

Set up a digital template with required fields, signer roles, authentication, and notifications to streamline collection and reduce rework.

Field Recommended Setting
Authentication Email + SMS code
Signature Order Buyer first, escrow/title second
Template Fields Required, date, initials, conditional fields
Notifications Auto-notify buyer, escrow, lender

Digital signing and integration considerations

Confirm the vendor supports your authentication needs, audit-trail export, and any required BAA or compliance addenda for sensitive transactions.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • File formats: PDF, DOCX supported
  • Security: TLS 1.2/1.3, AES-256

Penalties and risks from incorrect or incomplete declarations

Contract rescission: Seller may rescind for material misstatement
Deposit forfeiture: Buyer risks losing earnest money
Lender denial: Funding may be withheld or delayed
Title defects: Unresolved issues can prevent recording
Perjury exposure: False attestations may have legal consequences
Recording rejection: Incorrect notary/witness data can block recording

Common mistakes that delay closing

  • Entering buyer name that does not match government ID or entity formation documents, causing title or escrow to request re-execution.
  • Providing an incomplete legal description or street-only address, which leads to ambiguity in recording or title commitments.
  • Omitting lender or loan number when financing is used, creating underwriting delays and additional documentation requests.
  • Signing outside required notary or RON process, producing an invalid acknowledgment and delaying recording or funding.

Key timing and deadline checkpoints for the declaration

Track declaration deadlines against contract contingencies, financing timelines, and escrow instructions to avoid missed closings.

Due at contract signing:

Provide declaration when purchase agreement is executed if required

Earnest money deadline:

Deposit typically within 3 business days of contract

Inspection contingency:

Provide any defect disclosures within inspection period

Financing contingency:

Lender review must be completed before financing deadline

Closing date:

All required documents, including declaration, due at closing

Milestones from offer to recording

A typical purchase moves through these sequential milestones; the declaration is usually collected before closing.

01

Offer Accepted

Contract fully executed and earnest money instructions issued.

02

Escrow Opened

Escrow officer collects documents and verifies clearance items.

03

Closing Prepared

Title, lender, and escrow confirm conditions are met.

04

Recording

Deed and related documents are recorded with county recorder.

Essential data elements to include on the declaration

Buyer name: Full legal name as on ID
Identification: Driver's license or entity formation reference
Property description: Street address plus legal description
Purchase price: Numeric dollar amount
Source of funds: Loan, cash, gift, or combination
Signature & date: Signed and dated MM/DD/YYYY

How firms use Purchaser Declarations in practice

Real-world use cases show how digital collection and clear declarations reduce closing friction across brokerages and small firms.

Martin Properties — remote closings

Martin Properties used an online declaration for out-of-state buyers to confirm funding and occupancy.

  • Reduced in-person signings by two-thirds.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures — streamlined review

A small investor group standardized declarations across deals to speed title review.

  • Template reduced back-and-forth on source-of-funds questions.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Comparison: eSignature vendors commonly used for real estate documents

Vendor pricing and feature availability influence platform choice for high-volume real estate workflows; signNow appears first for comparison clarity.

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 No free trial noted No free trial noted No free trial noted No free trial noted
Bulk Send Yes (Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Common questions about completing and submitting a Purchaser Declaration

Answers to frequent issues encountered when preparing, signing, and routing the declaration for a real estate closing.


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