Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.

Is a notary always required?

Most recordings require a notary acknowledgement for deeds; witness requirements vary by state. Check county recorder rules and state law before signing.

What if a seller's name is wrong?

Incorrect names can prevent recording or cloud title. Correct via an affidavit of identity or corrective deed; consult title counsel immediately.

Are remote notarizations accepted?

Many states permit Remote Online Notarization (RON); acceptance for recording varies by county—verify local recorder policies before relying on RON.

How do I fix a signed error?

Minor clerical errors may be corrected by an amendment or correction deed; significant errors usually require re-execution and re-recording under counsel guidance.

How long should I retain the agreement?

Keep executed agreements and related records for at least three years for tax purposes (IRC §6501(a)) and commonly seven years for real estate dispute risk; state rules can require longer retention.

Electronic Signature
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Legal
Real Estate Sellers Agreement

Real Estate Sellers Agreement

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REAL ESTATE SELLERS AGREEMENT

This Real Estate Sellers Agreement (the Agreement) is made and entered into as of the Effective Date set forth below by and between Seller Name: (the "Seller") and Buyer Name: (the "Buyer"). Effective Date: .

RECITALS

WHEREAS, Seller is the owner of certain real property commonly known as Address: and more particularly described by legal description below; and

WHEREAS, Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer on the terms and subject to the conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the terms and conditions under which the sale and transfer of the Property will occur.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. PROPERTY

1.1 Property. The term "Property" means the real property and improvements located at the address set forth above together with all appurtenances, rights, easements and hereditaments related thereto. Legal Description:

2. PURCHASE PRICE AND DEPOSIT

2.1 Purchase Price. The total purchase price for the Property shall be $ (the "Purchase Price"), payable as follows.

2.2 Earnest Money Deposit. Buyer shall deliver earnest money in the amount of $ to Escrow/Title Agent: within days of the Effective Date.

3. CLOSING

3.1 Closing Date. The closing of the transaction (Closing) shall occur on or before , unless otherwise extended in writing by mutual agreement.

3.2 Closing Deliveries. At Closing, Seller shall deliver to Buyer a general warranty deed (or other conveyance required by applicable law) conveying marketable fee simple title free and clear of all encumbrances except those permitted by this Agreement. Buyer shall pay the Purchase Price, subject to prorations and adjustments set forth herein.

4. TITLE AND SURVEY

4.1 Title Evidence. Seller shall cause to be furnished to Buyer, at Seller's expense, a current title insurance commitment issued by Title Company: showing marketable title subject only to permitted exceptions. Buyer shall have days from receipt to object in writing to any exceptions.

4.2 Survey. Buyer may, at Buyer's expense, obtain a survey of the Property within days of the Effective Date. Any survey objections shall be delivered in writing to Seller.

5. INSPECTIONS; CONDITION OF PROPERTY

5.1 Inspections. Buyer, at Buyer's expense, shall have the right to inspect the Property during an inspection period of days following the Effective Date. Buyer shall provide Seller written notice of any objections arising from inspections. Seller shall have a reasonable opportunity to cure any materially adverse defects identified.

5.2 AS-IS and Seller Disclosures. The Property is sold in its present condition except as expressly set forth in this Agreement. Seller shall deliver all statutory and other disclosures required by law. Seller represents that to the best of Seller's knowledge there are no undisclosed hazardous materials on the Property.

6. REPRESENTATIONS AND WARRANTIES

Seller represents and warrants to Buyer that: (a) Seller is the sole legal owner of the Property and has full power and authority to enter into this Agreement and to convey the Property; (b) there are no pending actions, judgments, liens or assessments affecting the Property not disclosed in writing to Buyer; (c) all material information provided by Seller to Buyer regarding the Property is true and correct to Seller's knowledge as of the Effective Date; and (d) Seller is not in default under any contract affecting the Property except as disclosed in writing.

7. PRORATIONS AND COSTS

7.1 Prorations. Real property taxes, assessments, rents, utilities and other customary items shall be prorated as of the Closing Date. 7.2 Closing Costs. Unless otherwise provided in this Agreement, Seller shall pay for preparation of the deed and statutory closing statements required of Seller; Buyer shall pay for lender-required items and recording of Buyer's documents. Broker commissions, if any, shall be paid as set forth below.

8. BROKERS

Broker Name(s): . Commission payable: . Each party represents that it has not engaged any other broker or that it shall be responsible for any fees due to other brokers.

9. DEFAULT AND REMEDIES

9.1 Buyer Default. If Buyer materially defaults, Seller may elect to terminate this Agreement and retain the earnest money as liquidated damages (not a penalty) or pursue other remedies available at law or in equity, including specific performance. 9.2 Seller Default. If Seller materially defaults, Buyer may elect to (a) seek specific performance of this Agreement, (b) terminate this Agreement and receive return of the earnest money, or (c) pursue other remedies available at law or in equity. The parties acknowledge that equitable relief, including specific performance, is an appropriate remedy for breach by Seller.

10. INDEMNIFICATION

Seller shall indemnify, defend, and hold harmless Buyer from and against any losses, liabilities, claims or expenses arising from Seller's breach of any representation, warranty or covenant contained in this Agreement or from Seller's acts or omissions occurring prior to Closing. Buyer shall indemnify Seller from Buyer's acts or omissions occurring after Closing.

11. NOTICES

Seller Notice Address Buyer Notice Address

All notices, demands or communications required or permitted hereunder shall be in writing and shall be deemed delivered when personally delivered, sent by nationally recognized overnight courier, sent by certified mail, return receipt requested, or electronically with confirmation, to the addresses above or to such other addresses as the parties may designate in writing.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. Venue for any action arising out of or relating to this Agreement shall be the state or federal courts located in the county where the Property is located.

13. MISCELLANEOUS

13.1 Entire Agreement. This Agreement, including all exhibits, addenda and disclosed documents, constitutes the entire agreement between the parties with respect to the transaction and supersedes all prior agreements and understandings, whether written or oral. 13.2 Amendments. No amendment or modification shall be effective unless in writing and signed by both parties. 13.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 13.4 Waiver. No waiver of any breach shall be deemed a waiver of any other or subsequent breach. 13.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. ADDITIONAL PROVISIONS

Additional Terms or Contingencies

EXECUTION

The parties have executed this Agreement as of the dates set forth below.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate Sellers Agreement Is and when it's used

A Real Estate Sellers Agreement is a written contract by which an owner (the seller) agrees to sell real property to a buyer under specified terms, including price, closing date, contingencies, and deliverables. It records material terms such as the legal description, purchase price, earnest money, closing responsibilities, title deliverables, and any seller disclosures. The document creates contractual obligations that survive through closing and, where applicable, can be enforced in court or resolved through agreed dispute mechanisms.

Why a clear Sellers Agreement matters

A complete Sellers Agreement reduces closing delays, clarifies responsibilities, and limits post-closing disputes by documenting price, contingencies, and required disclosures in writing.

Who typically prepares and signs this agreement

Real estate brokers, listing agents, sellers, buyers, title companies, and closing attorneys commonly prepare or rely on Sellers Agreements.

Listing agents coordinating offers, counteroffers, and seller disclosures during a sale process.
Title and escrow companies verifying chain of title, liens, and recording instructions prior to closing.
Buyers' representatives reviewing contingencies, inspection results, and financing deadlines before acceptance.

Parties should confirm signatory authority (trustee, corporate officer, power of attorney) and include supporting documentation when required.

Core elements to include in a professional Sellers Agreement

A thorough agreement addresses deal terms, contingencies, closing mechanics, title and survey obligations, disclosures, and remedies for breach.

Purchase Price

State the exact dollar amount, allocation of earnest money, and payment schedule to avoid ambiguity at closing and for tax reporting.

Property Description

Include full legal description or parcel number plus physical address to ensure accurate title work and proper county recording.

Contingencies

Identify inspections, financing, appraisal, and sale-of-buyer's-home contingencies with clear cure periods and termination rights.

Seller Disclosures

Attach required state and federal disclosures (property condition, lead paint, environmental issues) and note who delivers and when.

Closing Duties

Allocate responsibility for closing costs, prorations, title insurance, and who arranges settlement and preparation of closing documents.

Remedies & Escrow

Specify breach remedies, escrow handling of earnest money, and dispute resolution procedures, including jurisdiction or arbitration clauses.

Step-by-step: completing and executing the Sellers Agreement

Follow these sequential steps to prepare, execute, and finalize the Sellers Agreement for a smooth closing process.

01

Prepare draft: Assemble price, legal description, disclosures, and supporting documents.
02

Review parties: Confirm legal names and authority to sign for each seller and buyer.
03

Execute signatures: Obtain signatures, notarizations, or witness attestations as required by state law.
04

Deliver to escrow: Send executed copies and attachments to title/escrow for closing and recording.

How to set up an online workflow for this agreement

Configure a repeatable online workflow that places fields, routes signers in order, and captures a complete audit trail.

Field	Configuration
Signature placement	Place signature, initial, and date fields for each signer in signing order.
Authentication method	Choose email link, SMS code, or stronger ID verification as required.
Conditional fields	Enable conditional fields for contingencies, attachments, or alternate signers.
Notification settings	Set reminders and final delivered PDF notifications to all parties.

Technical considerations: eSigning and file formats

Use a platform that supports PDF and Word uploads, audit trails, and integrations with title or CRM systems.

File formats: PDF, DOCX supported for upload and final signed output.
Authentication: Email, SMS, or KBA options and optional multi-factor for sensitive transactions.
Integrations: Connectors for Salesforce, NetSuite, Google Workspace, Box, and title/escrow systems.

Ensure the chosen provider offers tamper-evident signed PDFs, an exportable audit trail, and an ability to preserve attachments for closing.

Common eSignature vendors for Real Estate Sellers Agreements

Comparison of typical entry-level pricing and feature presence for popular eSignature vendors. signNow is listed first per platform data; confirm vendor plan details before purchase.

	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	Varies	Varies	Varies
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

Primary legal risks and potential penalties from errors

Disclosure Liability: Civil damages and rescission risk

Title Defect: Recording rejection or title claims

Misrepresentation: Fraud claims and monetary damages

Clerical Errors: Delayed closings and extra costs

Unauthorized Signature: Contract voidability risk

Tax Reporting: Incorrect reporting may trigger penalties

Common mistakes that delay closing

Using informal or shortened names that don’t match title records, which forces corrective deeds or affidavits and delays recording.
Failing to attach required seller disclosures or inspection reports, creating grounds for rescission or monetary claims post-closing.
Not confirming signatory authority for entities or trusts, resulting in rejected documents or need for supplemental documentation.
Skipping notarization or witness steps required by state law, which can cause the county recorder to refuse the document.

Practical tips for accurate, efficient agreement completion

Apply these practices to reduce errors, accelerate closings, and protect all parties involved.

Verify identity and authority

Confirm government ID and documentary evidence of signatory authority (corporate resolution, trust instrument, power of attorney) before signing to avoid post-closing defects.

Use the full legal description

Copy the deed or assessor’s legal description precisely and include parcel numbers when possible to eliminate ambiguity during title examination.

Attach disclosures and exhibits

Include property condition disclosures, inspection reports, and any addenda as exhibits so they are part of the recorded transaction record.

Preserve audit trail for eSigning

Choose eSignature workflows that produce a signed PDF with timestamp, signer email/IP, and certificate of completion to support enforceability.

Where to send and file the executed agreement

Routing the executed agreement correctly ensures prompt title work, escrow processing, and county recording.

Title / Escrow Company: Deliver the fully executed agreement and exhibits to title or escrow for closing and payoff coordination.
County Recorder: Provide recorded deeds and required attachments to the local recorder’s office for official recording and indexing.
Listing Agent: Give an executed copy to the listing agent for brokerage records and MLS status updates.
Buyer and Seller: Each party should retain a signed copy and the digital audit trail for their records.

Saving, exporting, and managing signed Sellers Agreements

Preserve both the signed document and an exportable audit trail; common formats support title, tax, and legal workflows.

Export Formats

Save final signed documents as PDF/A for long-term archive and DOCX for editable internal records where permitted.

Audit Trail

Keep the platform’s certificate of completion showing timestamps, signer identity, and IP address alongside the signed PDF.

Supporting Attachments

Store inspection reports, disclosures, escrow instructions, and proof of authority with the signed agreement for quick retrieval.

Recording Package

Assemble the deed, any required affidavits, and the recording cover sheet in the format required by the county recorder.

Frequently asked questions about Real Estate Sellers Agreements

Answers to common procedural and legal questions about execution, notarization, and enforceability of Sellers Agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.
Is a notary always required?
Most recordings require a notary acknowledgement for deeds; witness requirements vary by state. Check county recorder rules and state law before signing.
What if a seller's name is wrong?
Incorrect names can prevent recording or cloud title. Correct via an affidavit of identity or corrective deed; consult title counsel immediately.
Are remote notarizations accepted?
Many states permit Remote Online Notarization (RON); acceptance for recording varies by county—verify local recorder policies before relying on RON.
How do I fix a signed error?
Minor clerical errors may be corrected by an amendment or correction deed; significant errors usually require re-execution and re-recording under counsel guidance.
How long should I retain the agreement?
Keep executed agreements and related records for at least three years for tax purposes (IRC §6501(a)) and commonly seven years for real estate dispute risk; state rules can require longer retention.

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