Establishing secure connection…Loading editor…Preparing document…

Real Estate Sale & 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 SALE & PURCHASE AGREEMENT

This Real Estate Sale & Purchase Agreement (the Agreement) is entered into by and between Seller Name: and Buyer Name: , effective as of the date of the last signature below.

1. PROPERTY

Property Street Address:

2. PURCHASE PRICE AND PAYMENT

Purchase Price: $ payable as follows: Earnest Money Deposit $ to be delivered to Escrow Holder: within days of mutual execution.

Balance at Closing: $ to be paid by Buyer in cleared funds or wire transfer at Closing.

3. FINANCING

Financing Contingency: Buyer intends to obtain financing Cash purchase (no financing contingency)

Financing Objection Deadline: within days after effective date. Buyer shall deliver a commitment for financing on substantially the terms described above by that deadline. Failure to timely satisfy this contingency permits Seller to terminate or proceed at Seller's option.

4. INSPECTION AND DUE DILIGENCE

Inspection Period: Buyer shall have days from receipt of access to complete inspections. Buyer may terminate for defects discovered during that period by delivering written notice to Seller prior to expiration.

5. CLOSING & POSSESSION

Closing Date: . Closing shall occur at the designated escrow holder or such other location as the parties agree in writing.

Possession Date: , subject to prorations and tenant rights, if any.

6. TITLE AND CONVEYANCE

Title Conveyance: At Closing Seller shall convey good and marketable title by General Warranty Deed free of monetary liens except as otherwise agreed. Title shall be vested in Buyer as specified:

7. INCLUDED AND EXCLUDED ITEMS

8. RISK OF LOSS

Risk of Loss: Between effective date and Closing, Seller shall maintain the Property and is responsible for damage or loss. If material damage occurs prior to Closing, Buyer may terminate and receive refund of earnest money, or proceed to Closing with appropriate credits or repairs as agreed in writing.

9. DEFAULT; REMEDIES

Buyer Default: If Buyer fails to perform, Seller may retain earnest money as liquidated damages or pursue specific performance and other remedies at law or equity. Seller shall provide written notice and a reasonable opportunity to cure where required by law.

Seller Default: If Seller fails to convey marketable title or otherwise breaches, Buyer may elect to terminate and receive return of earnest money, seek specific performance, or pursue damages.

10. DISCLOSURES

Lead-Based Paint (if applicable): Yes No

Seller's Representations: Seller represents that, to Seller's knowledge, there are no material structural defects, unpermitted additions, or pending notices of violation except as disclosed in writing:

11. REPRESENTATIONS; COVENANTS

Mutual Representations: Each party represents and warrants that it has authority to enter this Agreement, that the information provided to the other party is true and correct, and that execution of this Agreement will not violate any agreement to which such party is bound.

12. NOTICES

Notices shall be delivered to the addresses below by certified mail, overnight courier, or personal delivery and shall be effective upon receipt.

13. MISCELLANEOUS

Governing Law: This Agreement shall be governed by the laws of the State of . Time is of the essence with respect to all dates and time periods set forth herein.

Entire Agreement: This Agreement, including any exhibits and addenda executed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements. Amendments must be in writing and signed by both parties.

14. ACKNOWLEDGMENTS

Each party acknowledges receipt of a signed copy of this Agreement and confirms that the party has read and understands all terms, had the opportunity to obtain independent counsel, and signs voluntarily.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What the Real Estate Sale & Purchase Agreement Is

A Real Estate Sale & Purchase Agreement is a legally binding contract that sets the terms for transferring real property between a seller and a buyer. It records parties' identities, the property description, purchase price, payment terms, earnest money, contingencies (inspection, financing, title), closing date and responsibilities for taxes and closing costs. The agreement allocates risk and creates enforceable obligations that survive until closing or termination. Properly drafted, executed, and retained, it provides evidence for title transfer, financing, recording, and any post-closing disputes.

Why this Agreement Matters for Buyers and Sellers

The agreement creates predictable obligations, preserves negotiated terms in writing, and triggers lender and title company processes. It defines contingencies and closing mechanics so parties know when obligations become final and how to resolve breaches or disputes.

Why this Agreement Matters for Buyers and Sellers

Who Typically Prepares and Signs These Agreements

Each signer should confirm identity and authority before execution; lender or title requirements may add conditions to the basic form.

  • Real estate agents and brokers who prepare or present purchase offers and coordinate inspections and financing.
  • Buyers and sellers who need a clear record of price, contingencies, and closing obligations for negotiation and closing.
  • Title companies, lenders, and closing attorneys that rely on the contract to order title searches and schedule closings.

Step-by-Step: Completing the Agreement

Follow a clear sequence to reduce mistakes and support timely closing.

  • 01
    Prepare Document: Enter parties, property, price, and basic terms before sending for review.
  • 02
    Add Contingencies: Include inspection, financing, and title conditions with explicit cure periods.
  • 03
    Confirm Escrow Terms: Specify earnest money deposit, escrow holder, and release conditions.
  • 04
    Execute Signatures: Collect signatures and dates from all parties and authorized signers.

Essential Components to Include in a Professional Agreement

A complete agreement anticipates common contingencies, assigns responsibility for costs, and specifies remedies and timelines for each stage of the transaction.

Parties

Identify each buyer and seller with full legal names, entity type, and contact information to establish who is bound by the contract.

Property

Include the full legal description and parcel identifier; attach exhibits or surveys where necessary for clarity and recording.

Price & Payment

State purchase price, deposit amounts, financing contingencies, seller credits, and schedule for releases of funds.

Contingencies

Spell out inspection, appraisal, financing, title and survey contingencies with deadlines and conditions for termination.

Closing Mechanics

Specify closing date, location, documents to be delivered, prorations, and allocation of closing costs.

Representations

Include seller warranties about authority, lead-based paint, zoning, and any known defects or encumbrances.

Required Information Checklist

Legal Names: Full party names are required
Contact Details: Street address, phone, email
Property ID: Legal description or parcel number
Price Terms: Purchase price and deposit amounts
Closing Date: Agreed MM/DD/YYYY date
Title Company: Name and contact for settlement

Consequences of Errors or Missing Information

Missed Deadlines: Contract termination or breach risk
Unclear Price Terms: Disputes over funds due
Recording Errors: Title defects or clouded title
Earnest Money Loss: Forfeiture if contingencies not met
Invalid Signatures: Enforceability challenges
Tax Consequences: Reporting or withholding obligations

Common Preparation Mistakes to Avoid

  • Using incomplete or informal property descriptions that differ from the recorded deed, which delays recording or causes title exceptions.
  • Failing to specify what happens if a contingency is not satisfied, leaving parties unsure about earnest money disposition or termination rights.
  • Listing incorrect party names or omitting entity authority language for corporations and LLCs, causing lenders or title companies to reject documents.
  • Neglecting to coordinate dates and prorations with the title company and lender, resulting in last-minute adjustments and possible closing delays.

Where to Send or File the Signed Agreement

Directed routing ensures timely title work, lender review, and closing scheduling.

  • Seller or Agent: Primary recipient for executed copies and confirmation of seller items
  • Buyer or Lender: Lender receives contract to underwrite financing
  • Title Company: Title company orders search and prepares closing package
  • Escrow Holder: Escrow receives earnest money and instructions

Digital Signing and File Format Considerations

Ensure the chosen service complies with ESIGN and UETA, preserves an audit trail, and allows secure long-term storage for closing records.

  • File Types: PDF and DOCX supported
  • Authentication: Email, SMS, or advanced methods
  • Integrations: Connects with closing and CRM tools

Configuring an Online Signing Workflow

Set up roles, authentication, and storage before sending the agreement to signers to reduce friction and audit exceptions.

Field Configuration
Signers Add buyer, seller, agent emails and signer order
Authentication Use email link or SMS code for signer ID
Reminders Enable automatic reminders and expiry
Storage Save signed copy to secure cloud vault

Typical eSignature Pricing & Compliance Comparison

Compare common capability and pricing dimensions for eSignature providers. Prices reflect typical annual billing plans and vendor feature differences.

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 Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key Transaction Stages from Offer to Recording

A typical sale proceeds through negotiation, contingencies, and closing — each stage has time-sensitive deadlines that affect obligations.

01

Offer & Acceptance

Buyer and seller execute the agreement and deposit earnest money

02

Inspections

Buyer completes inspections and decides whether to proceed or terminate

03

Financing

Lender underwrites; appraisal and loan conditions must be satisfied

04

Title Search

Title company clears liens and issues commitment

05

Cure Periods

Parties remedy title issues or negotiate closing adjustments

06

Closing Disclosure

Final settlement figures provided per lender and escrow timelines

07

Final Walkthrough

Buyer inspects property prior to funding and signing

08

Closing & Recording

Signatures collected, funds transferred, deed recorded

How to Save and Export the Executed Agreement

Maintain signed records in durable formats and export copies for lenders, title agents, and internal records.

PDF

Standard archival format preserving layout and signatures; suitable for recording and long-term storage.

DOCX

Editable copy retained for amendments or redlines before final execution; not recommended as primary archival copy.

Audit Trail

Include the platform-generated certificate with signer IP, timestamps, and authentication events for evidentiary value.

Cloud Storage

Store in secure repositories with versioning and access controls for retrieval during post-closing inquiries.

Practical Tips for Accurate and Efficient Completion

Small steps during preparation prevent major delays at closing.

Verify Party Authority
Confirm signatory authority for trusts, corporations, and LLCs in advance; require certified resolutions or formation documents where needed.
Standardize Dates and Formats
Use MM/DD/YYYY for all dates, numerals for money, and consistent state abbreviations to avoid ambiguity with lenders and recorders.
Attach Exhibits
Include exhibits (survey, fixture lists, disclosures) referenced in the agreement to avoid misunderstandings and title exceptions.
Coordinate with Title
Send the agreement to the title company promptly so they can order searches and identify issues before the closing date.

Frequently Asked Questions About Execution and Validity

Answers to frequent questions about enforceability, notarization, signatures, and corrections for Real Estate Sale & Purchase Agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users