Can this agreement be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states. Some narrow exceptions exist for wills, certain court filings, and a few other statutorily excluded documents, so verify the exception list when necessary.

When is notarization required?

Many jurisdictions require notarization for deeds or acknowledgements prior to recording. Remote online notarization may be allowed where state law permits; check local notary rules and recording office requirements before relying on eNotary.

How do I correct a signed agreement?

Minor mistakes typically require a written amendment or correction signed by all parties. For substantive changes, execute an addendum or revised agreement with clear effective date and signatures to avoid ambiguity about original terms.

Can an e‑signed deed be recorded?

Recording requirements vary by county and state; many recorders accept electronically signed and notarized deeds where state law allows. Confirm the county recorder's electronic submission policies and any RON requirements beforehand.

Who can sign for an entity seller or buyer?

An authorized officer or an individual with corporate authorization must sign for entities. Include printed name, title, and evidence of authority (e.g., board resolution) when required by title companies or recorders.

Are witnesses required for signatures?

Witness requirements vary by document type and state. Some deeds and powers of attorney require one or two witnesses in addition to notarization. Check state witness statutes when preparing execution blocks.

Electronic Signature
Templates
Real estate
Real Estate Sales & Purchase Agreement

Real Estate Sales & Purchase Agreement

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REAL ESTATE SALES & PURCHASE AGREEMENT

Parties and Recitals

This Real Estate Sales & Purchase Agreement (the Agreement) is made by and between:

Buyer Name: Buyer Contact (address, phone, email): Seller Name: Seller Contact (address, phone, email):

Property Identification

The property (Property) that is the subject of this Agreement is located at:

Property Address: Parcel / APN Number: Legal Description:

Purchase Price and Payment

The total Purchase Price for the Property is $ payable as follows:

Earnest Money Deposit Amount: Escrow Agent / Deposit To:

The earnest money shall be delivered to the escrow agent no later than and held in escrow in accordance with escrow instructions.

Contingencies

Financing Contingency: This Agreement is contingent upon Buyer securing a loan in the principal amount of $ or greater by lender approval no later than . Buyer shall provide written notice of loan approval or denial in accordance with the Escrow Instructions.

Inspection Contingency: Buyer shall have days from the Effective Date to complete inspections and notify Seller of any disapproved conditions and requests for repair or credit. If Seller declines Buyer’s request in whole or in part, Buyer may terminate this Agreement by written notice prior to expiration of the inspection period.

Special Inspections or Conditions (if any):

Closing, Possession, and Prorations

Closing shall occur on or before (the Closing Date) at the office of the escrow agent unless otherwise agreed in writing.

Possession shall be delivered to Buyer on subject to the terms herein.

Real estate taxes, assessments, rents, utilities and other customary items shall be prorated between Seller and Buyer as of the Closing Date. All prorations shall be computed on a calendar year basis unless otherwise specified in writing.

Title and Survey

Seller shall convey marketable title by general warranty deed (or other agreed deed) free of encumbrances except those approved by Buyer in writing. Buyer may obtain, at Buyer’s expense, a current title report and survey. Seller shall cure title defects not caused by Buyer prior to Closing.

Condition of Property; Risk of Loss

Buyer accepts the Property in its present condition except as otherwise expressly provided in this Agreement. Between the Effective Date and Closing, Seller shall maintain the Property in substantially the same condition. Risk of loss shall remain with Seller until Closing.

Seller Disclosures

Seller represents the following disclosures are true to the best of Seller’s knowledge. Buyer should review all Seller disclosure documents.

Lead-Based Paint Disclosure: Yes No

Mold or Water Intrusion Known: Yes No

Prior Structural Damage or Repairs: Yes No If any answers above are “Yes,” describe:

Default; Remedies

If Buyer fails to perform, Seller may retain the earnest money as liquidated damages or pursue other remedies provided by law, including specific performance. If Seller fails to perform, Buyer may elect to obtain return of the earnest money and pursue damages or specific performance. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees and costs as awarded by the court.

Prorations, Closing Costs, and Adjustments

Unless otherwise agreed, Seller shall pay for recording the deed and any clearance of title; Buyer shall pay for lender-ordered items, loan fees and any new loan recording. Escrow and title fees, transfer taxes, and similar closing costs shall be allocated as follows:

Seller Pays (describe): Buyer Pays (describe):

Representations and Warranties

Seller warrants that Seller has full power and authority to sell the Property and that there are no pending actions that would impair Seller’s ability to transfer good and marketable title. Buyer warrants that Buyer has the authority and funds (subject to financing contingency) to complete the purchase as set forth in this Agreement.

Insurance

From the Effective Date until Closing, Seller shall maintain hazard insurance on the Property. After Closing, Buyer shall obtain all required insurance. Any insurance proceeds resulting from loss prior to Closing shall be an escrowed item and may be used to restore the Property or adjust the Purchase Price by agreement of the parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below for Buyer and Seller or to alternate addresses provided in writing and acknowledged by the receiving party.

Notice Address for Buyer: Notice Address for Seller:

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state of . This Agreement, together with the exhibits and written escrow instructions executed by the parties, constitutes the entire agreement between Buyer and Seller and supersedes all prior negotiations and understandings.

Miscellaneous

Time is of the essence with respect to all dates and deadlines in this Agreement. Any amendment must be in writing and signed by both parties. Headings are for convenience only and do not affect interpretation.

Additional Terms or Contingencies:

Execution

The parties have executed this Agreement as of the date(s) set forth below. Signatures delivered by electronic transmission that reasonably establish authenticity shall have the same force and effect as original signatures.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Sales & Purchase Agreement Is

A Real Estate Sales & Purchase Agreement is a legally binding contract that records the parties' agreement to transfer ownership of identified real property. It sets out buyer and seller identities, full legal property description, purchase price, earnest money, contingencies (inspection, financing, title), closing date, prorations, representations, and remedies for breach. The agreement also allocates risk during escrow, describes required closing deliverables, and establishes the mechanics for title transfer and recording to ensure a clear path to post‑closing ownership.

Why a Clear Agreement Matters

A clear Real Estate Sales & Purchase Agreement reduces closing disputes by documenting price, contingencies, title obligations, and transfer mechanics. It allocates risk, creates enforceable remedies, and provides a documented basis for escrow and recording actions under state property law and general contract principles.

Who Prepares and Signs This Agreement

Typical users who prepare, review, or sign a Real Estate Sales & Purchase Agreement include brokers, attorneys, title agents, and buyer and seller representatives.

Real estate attorneys and agents handle contract drafting, negotiation, and state‑law compliance.
Buyer and seller parties verify identity, financing contingencies, survey, and closing requirements.
Title companies and escrow officers manage title searches, recordings, and disbursement instructions.

Use appropriate professional review when the agreement involves complex title issues, unusual contingencies, or statutory disclosure obligations.

Core Sections to Include in the Agreement

A professional Real Estate Sales & Purchase Agreement contains core sections that define obligations, timelines, and remedies for both parties.

Property Description

Include the recorded legal description, parcel or lot number, address, and any included fixtures or explicit exclusions; attach the recorded survey or plat as an exhibit to prevent ambiguity in title searches and recording.

Purchase Price

State the total purchase price, writing both numeric and spelled amounts, allocate consideration for personal property if any, and list earnest money, deposit schedules, and methods of payment to avoid closing discrepancies.

Contingencies

Specify inspection, appraisal, and financing contingencies with clear timeframes for notice and cure; identify who bears costs and the procedures for termination or extension to preserve parties' rights.

Title & Closing

Require seller to deliver marketable title, disclose known liens or encumbrances, provide a title insurance commitment, and set recording instructions, closing location, and allocation of closing costs and fees.

Prorations & Adjustments

Define tax, rent, utility, and HOA prorations as of closing, state the calculation method, and prescribe how post‑closing adjustments or credits will be handled between buyer and seller.

Representations & Warranties

List seller representations on ownership, authority to convey, absence of undisclosed defects or material damage, and buyer acknowledgements about inspections and acceptance of property condition.

Security and Compliance Considerations

Transport Encryption: TLS 1.2 and 1.3 for data in transit

At‑Rest Encryption: AES‑256 encryption applied to stored files

Certifications: ISO 27001 and SOC 2 Type II available

HIPAA: HIPAA compliance available; BAA required

Legal Standards: ESIGN and UETA recognized for enforceability

Accessibility: WCAG 2.0 Level AA conformance supported

Step‑by‑Step: Completing the Agreement

Follow these steps to prepare and execute a Real Estate Sales & Purchase Agreement accurately.

01

Gather Documents: Collect deed, survey, title report, and financing documents.
02

Identify Parties: Enter full legal names and contact information for buyer and seller.
03

Draft Terms: Specify price, contingencies, deposits, closing date, and prorations.
04

Execute & Route: Obtain signatures, notarizations if required, then deliver to escrow.

Configuring an Online Workflow for Execution

Configure an online workflow to collect signatures, manage fields, and archive executed agreements securely and automatically.

Signer Authentication Method	Use email, SMS code, or KBA as needed.
Field Types and Logic	Add signature, initial, date, and conditional fields.
Routing and Order	Define signer sequence and parallel signing steps.
Notifications and Reminders	Set auto reminders and completion alerts for parties.
Storage and Retention	Choose secure archive location and retention policy.

How Electronic Execution Typically Flows

Typical e‑sign workflow for a Real Estate Sales & Purchase Agreement from upload to executed file delivery.

Upload: Upload the contract PDF or DOCX and verify formatting.
Prepare: Place signer fields, initial blocks, and dates correctly.
Send: Add signer emails, set authentication, and send link.
Complete: Signed copies and audit trail are stored and distributed.

Technical Requirements and Integrations

Electronic delivery and eSigning require compatible file formats, signer authentication, and secure storage integrated with your systems.

File Formats: PDF, DOCX, and native Word supported
Integrations: Salesforce, NetSuite, Google Workspace supported
Authentication: Email, SMS, SSO, and advanced options

Common Timelines and Deadlines to Track

Timelines in the contract govern contingency periods, financing deadlines, and the scheduled closing and recording steps.

Offer and Acceptance Window:

Sets effective date and starts contingency clocks.

Inspection and Due Diligence Periods:

Specify days allowed; missing deadlines may waive rights.

Financing Contingency Deadline:

Date lender commitment must be satisfied or waived.

Closing Date and Possession:

Final date for funds, keys transfer, and recording.

Recording and Delivery Timeline:

County recording may add delays; record promptly after closing.

Common Pitfalls to Avoid

Ambiguous property description: Using street addresses without the recorded legal description or plat can cause title mismatches and recording rejections, leading to costly corrections and delays.
Unclear contingency language: Vague inspection or financing terms may result in disputes about cure periods, termination rights, and refund of earnest money.
Mismatched party names: Incorrect or informal party names that do not match IDs or title records can invalidate conveyance or delay closing while corrections are made.
Failure to disclose encumbrances: Omitting known liens, covenants, or HOA restrictions exposes seller to breach claims and may prevent issuance of marketable title insurance.

Penalties and Risks from Errors

Late recording: May impair buyer's title priority.

Incorrect form details: Can trigger closing delays or void clauses.

I-9 noncompliance: Potential DHS fines $281–$2,789.

1099-S reporting errors: May incur IRS penalties under §6721.

Unenforceable signature: Missing intent or consent may invalidate agreement.

Title defects: May result in rescission or costly litigation.

eSignature Pricing and Feature Comparison

Comparison of typical eSignature plan features and starting prices relevant to Real Estate Sales & Purchase Agreement workflows.

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

Real‑World Examples

Real‑world examples show how electronic execution and mobile signing reduce delays and preserve compliance across closings.

Martin Properties

A regional broker converted in‑person closings to fully remote transactions, allowing buyers to sign from any device without office visits.

Result: faster turnaround and full compliance.
"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

A venture investor closed multiple property investments remotely, reducing coordination time between investors and title agents across states.

Simplified signer flow and fewer follow‑ups.
"The interface is simple and easy‑to‑use for our team; more importantly, it is just as easy for our customers."

Practical Tips for Accurate Completion

Small actions during preparation reduce risk and speed closing for Real Estate Sales & Purchase Agreements.

Verify Legal Names and IDs

Confirm full legal names on title, IDs, and corporate documents before signing. Mismatches often require affidavits or corrective deeds, delaying recording and closing disbursements.

Attach Supporting Exhibits

Include surveys, plats, HOA documents, and title commitment exhibits to avoid ambiguity. Proper exhibits reduce title objections and clarify obligations at closing.

Use Clear Contingency Language

Define deadlines, cure periods, and notice procedures for inspections and financing contingencies. Precise timing prevents unintended waiver of protections or premature terminations.

Preserve Audit Trails

Use eSignature platforms that capture timestamps, IP addresses, and signer authentication details to support enforceability and to respond to title insurer or court questions.

Frequently Asked Questions

Answers to common legal and practical questions about executing a Real Estate Sales & Purchase Agreement electronically.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states. Some narrow exceptions exist for wills, certain court filings, and a few other statutorily excluded documents, so verify the exception list when necessary.
When is notarization required?
Many jurisdictions require notarization for deeds or acknowledgements prior to recording. Remote online notarization may be allowed where state law permits; check local notary rules and recording office requirements before relying on eNotary.
How do I correct a signed agreement?
Minor mistakes typically require a written amendment or correction signed by all parties. For substantive changes, execute an addendum or revised agreement with clear effective date and signatures to avoid ambiguity about original terms.
Can an e‑signed deed be recorded?
Recording requirements vary by county and state; many recorders accept electronically signed and notarized deeds where state law allows. Confirm the county recorder's electronic submission policies and any RON requirements beforehand.
Who can sign for an entity seller or buyer?
An authorized officer or an individual with corporate authorization must sign for entities. Include printed name, title, and evidence of authority (e.g., board resolution) when required by title companies or recorders.
Are witnesses required for signatures?
Witness requirements vary by document type and state. Some deeds and powers of attorney require one or two witnesses in addition to notarization. Check state witness statutes when preparing execution blocks.

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