Can this be e-signed?

Yes. Electronic signatures are valid for most real estate sale contracts when parties demonstrate intent and consent under ESIGN and applicable state law; verify any local exceptions before proceeding.

Is notarization required?

Many states require a notary acknowledgement for deeds and closing documents. The contract itself may not need notarization, but the deed typically will before recording.

Who can sign for an entity?

An authorized officer or an agent with a valid power of attorney may sign for a corporation or LLC. Include proof of authority to avoid title or escrow rejection.

How do I correct an executed contract?

Corrections after execution typically require a written amendment signed by all parties. Do not alter a signed page unilaterally; use an addendum or amendment clause.

What if financing falls through?

If the financing contingency is timely asserted, the buyer may cancel according to contract terms and receive an earnest money refund if conditions are met.

How long must I keep records?

Keep signed contracts and related closing records for at least three years for IRS purposes and longer where state or industry rules require it.

Electronic Signature
Templates
Real estate
Real Estate Selling Contract

Real Estate Selling Contract

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

REAL ESTATE SELLING CONTRACT

Parties and Effective Date

This Real Estate Selling Contract (the "Agreement") is made between Seller: and Buyer: . The Effective Date of this Agreement is .

Party Contact Information

Seller Contact Information Buyer Contact Information

Property

Property Address Parcel / APN Legal Description

Purchase Price and Payment

Purchase Price: $ payable as follows: Earnest Money Deposit of $ to be delivered to Escrow Holder: within days of Effective Date. Balance due at closing: $.

Financing and Contingencies

This Agreement is upon Buyer's ability to obtain financing as follows: Loan Type: ; Amount: $. Buyer shall have days from Effective Date to secure a loan commitment.

Inspection and Due Diligence

Buyer shall have days to conduct inspections and tests. Seller shall provide reasonable access. Buyer must deliver written notice of objections specifying required cures. Seller may elect to cure defects within days or Buyer may terminate and receive return of earnest money, unless otherwise agreed in writing.

Title, Survey and Closing

Title to be conveyed by general warranty deed (or other agreed instrument) free of liens and encumbrances except those listed in the title commitment. Buyer shall have days to review title and object to exceptions. Closing shall occur on or before at the office of Closing Agent: . Possession shall be delivered to Buyer on , subject to occupancy rights stated in writing.

Prorations and Closing Costs

Real estate taxes, assessments, rents, homeowner association dues, and utilities shall be prorated as of closing. Seller shall pay for: . Buyer shall pay for: .

Disclosures

Seller represents the following known conditions with respect to the Property:

Lead-Based Paint (if constructed prior to 1978) Yes No

Known Structural or Material Defects Yes No

Mold or Water Intrusion Yes No

Termite or Pest Treatment Known Yes No

Prior Material Damage or Repair Yes No

Default and Remedies

If Buyer fails to close in accordance with this Agreement, Seller may retain the earnest money as liquidated damages or pursue specific performance and other remedies available at law or in equity. If Seller fails to convey marketable title as required, Buyer may terminate and receive a refund of the earnest money or seek specific performance after giving Seller reasonable opportunity to cure title defects. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

Risk of Loss; Condition at Closing

Risk of loss or damage to the Property shall remain with Seller until closing. If substantial damage occurs prior to closing, Buyer may either (a) accept the Property in its damaged condition and proceed to closing with an equitable reduction in purchase price, or (b) terminate this Agreement and receive return of the earnest money, unless otherwise agreed in writing.

Representations and Warranties

Seller represents and warrants that Seller has full authority to sell the Property, that title will be good and marketable at closing subject only to permitted exceptions, and that to Seller's knowledge there are no undisclosed material violations of applicable laws or covenants affecting the Property. These representations shall survive closing for a period of months except as otherwise provided by law.

Indemnification; Survival

Each party shall indemnify and hold harmless the other for breaches of representations, covenants or obligations under this Agreement. Indemnification obligations shall survive the closing to the extent provided herein.

Governing Law; Entire Agreement; Amendments

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties and supersedes prior negotiations and agreements. No amendment, modification or waiver shall be effective unless in writing signed by the party against whom enforcement is sought.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, nationally recognized overnight courier, or certified mail, return receipt requested.

Seller Notice Address Buyer Notice Address

Additional Provisions

Seller:

By:

Date:

Buyer:

By:

Date:

What the Real Estate Selling Contract Is and when it applies

A Real Estate Selling Contract is a legally binding agreement that sets the terms under which a seller transfers real property to a buyer. It defines the property description, purchase price, earnest money deposit, financing and inspection contingencies, required disclosures, closing date, prorations, and deed conveyance. The contract allocates risk, prescribes title and escrow steps, and often attaches exhibits such as property disclosures and inspection reports. In most U.S. transactions the document is governed by state law and may be executed electronically when parties meet ESIGN and applicable state e-signature requirements.

Why a clear selling contract matters for every transaction

A well-drafted Real Estate Selling Contract clarifies obligations, protects deposit funds, documents contingencies, and reduces dispute risk. It creates an enforceable path to closing, supports title transfer steps, and provides a single authoritative record for lenders, title companies, and escrow agents.

Which parties typically prepare, review, and sign this contract

Real estate brokers, listing agents, buyers, sellers, and closing professionals commonly interact with this contract during a sale.

Listing agents: prepare drafts, add disclosures, and coordinate negotiations and signatures.
Buyers and buyers' agents: review terms, request contingencies, and arrange financing approval.
Title and escrow officers: confirm title, hold earnest money, and manage closing logistics.

Assigning responsibilities in advance (who fills each section) speeds review and prevents late-stage errors.

Step-by-step: completing a Real Estate Selling Contract

Follow these sequential steps to prepare, review, and finalize the contract with minimal rework.

01

Prepare Draft: Insert property details, price, and basic terms.
02

Add Contingencies: Specify inspection, financing, and appraisal conditions.
03

Attach Disclosures: Add required state or local seller disclosures and inspections.
04

Execute Document: Obtain required signatures, notarizations, and deliver to escrow.

Key security and compliance features to protect the contract

Encryption in Transit: TLS 1.2/1.3

Encryption at Rest: AES-256

Audit Trail: Complete timestamped log

ESIGN / UETA: Legal e-sign compliance

HIPAA (if needed): BAA available

21 CFR Part 11: Supported where required

Primary risks and penalties for incorrect or incomplete contracts

Contract Voidability: Terms may be unenforceable

Deposit Forfeiture: Buyer or seller risk

Closing Delays: Title or lender rejection

Tax Consequences: Reporting inconsistencies risk penalties

Title Defects: Unclear ownership exposures

Litigation Cost: Attorney fees and damages

Common preparation mistakes that cause delays or disputes

Using an imprecise property description or leaving out legal parcel identifiers, which creates title search issues and delays.
Failing to state exact earnest money handling (payee, escrow holder, timeline) causing disputes over refunds or forfeiture.
Omitting required state-specific disclosures or misrepresenting property condition, which can trigger rescission or liability claims.
Missing signature authority (e.g., signing with an agent without power of attorney) that may render the transfer ineffective.

Real examples of contract execution and remote completion

Real-world examples show how clear terms and digital workflows shorten timelines and reduce errors.

Tim Martin — Martin Properties

Martin Properties moved to online contracts to close faster and reduce in-person meetings.

The team used electronic signing and secure audit trails during remote closings.
As a result, they processed full sale packages remotely while preserving compliance, enabling faster turnaround and fewer revision cycles before escrow instructions were issued.

Brian Fitzgibbons — Optica Ventures LLC

Optica standardized contract templates to eliminate inconsistent clauses in listings.

Standard templates reduced negotiation rounds and clerical errors.
The firm reported smoother buyer acceptance, fewer title exceptions, and clearer escrow instructions for each closing, saving administrative time and reducing last-minute title curative work.

How electronic completion and delivery typically flow

This overview outlines the typical online signing journey for a Real Estate Selling Contract.

Upload Document: Sender uploads contract to the signing platform.
Place Fields: Add signature, date, and initial fields.
Send to Signers: Email link or bulk send to participants.
Receive Executed Copy: All parties receive final PDF and audit trail.

Typical digital workflow settings for the contract

Configure these settings when using an eSignature platform to ensure legal validity and proper routing.

Field	Configuration
Authentication Level	Email link, SMS code, or stronger KBA
Signing Order	Sequential or parallel signer flow
Conditional Fields	Show/hide items based on responses
Integrations	Connect to title, CRM, or storage systems

Technical considerations for digital signing and storage

Choose a platform that supports secure signing, common file formats, and integrations with title and escrow workflows.

File formats: PDF, DOCX supported
Integrations: Salesforce, NetSuite, Microsoft 365
Access controls: Role-based permissions

Verify the vendor supports audit trails, long-term storage, and any industry-specific compliance (for example, optional HIPAA or 21 CFR Part 11 features).

Typical timeframes and deadlines to include in the contract

Contracts commonly specify explicit time windows for contingencies and closing events; listing them reduces ambiguity.

Inspection Period:

Often 7–14 days for buyer to schedule and complete inspections.

Financing Contingency:

Deadline for loan approval generally 21–30 days after acceptance.

Earnest Money Deposit:

Due within 1–5 business days after contract execution.

Title Objection Deadline:

Title exceptions must be raised within agreed cure period.

Closing Date:

Set a firm MM/DD/YYYY date for deed delivery and funding.

eSignature vendor pricing: signNow and common alternatives

Comparing typical plan and feature indicators for common eSignature providers helps identify cost and compliance fit for real estate 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
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Common questions and practical answers about the contract

Answers to frequently asked questions address e-sign, notarization, signature authority, corrections, and retention concerns.

Need help? Contact support

Can this be e-signed?
Yes. Electronic signatures are valid for most real estate sale contracts when parties demonstrate intent and consent under ESIGN and applicable state law; verify any local exceptions before proceeding.
Is notarization required?
Many states require a notary acknowledgement for deeds and closing documents. The contract itself may not need notarization, but the deed typically will before recording.
Who can sign for an entity?
An authorized officer or an agent with a valid power of attorney may sign for a corporation or LLC. Include proof of authority to avoid title or escrow rejection.
How do I correct an executed contract?
Corrections after execution typically require a written amendment signed by all parties. Do not alter a signed page unilaterally; use an addendum or amendment clause.
What if financing falls through?
If the financing contingency is timely asserted, the buyer may cancel according to contract terms and receive an earnest money refund if conditions are met.
How long must I keep records?
Keep signed contracts and related closing records for at least three years for IRS purposes and longer where state or industry rules require it.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now