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Real Estate Sight Unseen Agreement

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REAL ESTATE SIGHT UNSEEN AGREEMENT

Buyer Name:    Seller/Agent Name:

RECITALS

WHEREAS, Buyer desires to purchase the real property described below without conducting a physical, in-person inspection of the property ("Sight Unseen Purchase"); and

WHEREAS, Seller/Agent represents that it is authorized to market or convey the property and is willing to proceed with a transaction notwithstanding Buyer’s decision to waive an on-site inspection in accordance with the terms below; and

WHEREAS, the parties wish to set forth their respective rights, obligations and the allocation of risk associated with a Sight Unseen Purchase.

PROPERTY

SCOPE OF TRANSACTION

The parties agree that Buyer is purchasing the property sight unseen. Unless otherwise expressly stated in this Agreement, Buyer accepts the property in its present condition, subject to representations and exclusions expressly provided below. The specific services, deliverables and conditions to be satisfied prior to closing are as follows:

PAYMENT TERMS

Purchase Price: $

Balance Due at Closing: $

Late Fee for Missed Payments: of unpaid amount, plus interest at per annum where permitted by law.

TERM AND TERMINATION

Effective Date: . Target Closing Date: .

Either party may terminate this Agreement by providing written notice to the other party at least days prior to the intended termination date. Upon termination, earnest money shall be disbursed in accordance with the deposit schedule and escrow instructions, except where termination results from a material breach, in which case remedies set forth herein and in applicable law shall apply.

PROPERTY CONDITION; INSPECTIONS

Buyer acknowledges and agrees that Buyer is proceeding with the purchase sight unseen. Buyer hereby:

(a) Waives the right to an on-site inspection prior to closing unless otherwise agreed in writing; and (b) accepts the property in its "AS IS, WHERE IS" condition, subject only to Seller representations expressly set forth in this Agreement.

Inspection contingency waived: (check if Buyer waives inspection contingency)

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

Seller represents that, to Seller’s knowledge, there are no material undisclosed defects that would materially affect the use of the property for its intended purpose, except as expressly disclosed in writing to Buyer prior to execution of this Agreement. Except for such express written disclosures, Seller makes no other warranties, express or implied.

Buyer assumes all risk associated with the decision to purchase sight unseen and hereby agrees to indemnify, defend and hold harmless Seller and Seller’s agents from and against any claims arising from Buyer’s decision to waive physical inspection, except to the extent resulting from Seller’s willful misrepresentation or fraud.

CONFIDENTIALITY

Except as required by law or as necessary to enforce this Agreement, the parties shall keep confidential the terms, purchase price, earnest money amount and other non-public information concerning the transaction. Confidential information does not include information that becomes publicly available without breach by the receiving party or information lawfully received from a third party not subject to confidentiality restrictions.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

ENTIRE AGREEMENT; AMENDMENTS

This Agreement, together with any exhibits and written addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. No amendment, modification or waiver shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have had the opportunity to consult with legal counsel of their choice and that this Agreement shall be binding upon and inure to the benefit of their respective heirs, successors and permitted assigns.

Buyer Printed Name:

By:

Date:

Seller/Agent Printed Name:

By:

Date:

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What a Real Estate Sight Unseen Agreement Is

A Real Estate Sight Unseen Agreement is a contract in which a buyer agrees to purchase a residential property without first conducting an in-person inspection of the premises. The document records the buyer's acceptance of existing condition disclosures, any agreed contingencies (such as title review or repair credits), and allocation of risk between buyer and seller. Typical uses include investor acquisitions, out-of-state buyers, estate sales, or transactions where immediate possession is required. The agreement should clearly define inspection rights, indemnities, deposit handling, and deadlines for investigations to reduce later disputes.

Why the Agreement Matters for Remote or Investor Buyers

This agreement clarifies expectations when a buyer waives a physical walkthrough. It protects seller and buyer by documenting known disclosures, inspection windows, and any price adjustments tied to condition, reducing later litigation risk.

Why the Agreement Matters for Remote or Investor Buyers

Who Commonly Uses a Sight Unseen Purchase Agreement

Parties who use this agreement often include investors, remote purchasers, estate executors, and real estate brokerages managing transactions across distances.

Brokers, title companies, and closing agents should ensure the document is coordinated with disclosure forms, title commitments, escrow instructions, and any contingency deadlines.

Key Signers and Roles

Buyer — Individual or Entity

The buyer (natural person or legal entity) must be identified with the exact legal name, authorized signatory if an entity, and contact details. If an entity signs, include the signer's title and a representative authorization to bind the entity, and confirm funding source and escrow instructions.

Seller — Owner or Representative

The seller must be identified by legal name with evidence of authority to sell (owner, trustee, personal representative). If an agent signs, attach a power of attorney or listing agreement confirming the agent's signing authority for closing and conveyance.

Essential Data Elements to Include

Property ID: Street address, legal description
Buyer Name: Full legal name
Seller Name: Full legal name
Purchase Price: Numeric amount and currency
Effective Date: MM/DD/YYYY format
Contingencies: Inspection, title, financing

Step-by-Step: Completing the Sight Unseen Agreement

Follow these core steps to prepare, review, and finalize a sight unseen purchase agreement to protect both parties and reduce post-closing disputes.

  • 01
    Prepare Document: Enter party details, property legal description, and purchase price.
  • 02
    State Disclosures: Include seller disclosure forms and known defects in writing.
  • 03
    Set Contingencies: Specify inspection, title review, cure periods, and remedies.
  • 04
    Sign and Deliver: Execute signatures, confirm escrow deposit, route to title company.

Configuring a Digital Workflow for Online Completion

Set up a clear routing and authentication flow before sending to ensure enforceability and smooth closing.

Field Configuration
Signer Order Sequential or parallel routing
Authentication Email link, SMS code, or KBA
Attachments Add disclosures, title commitment, photos
Audit Trail Enable IP, timestamp, and action log

Digital Signing and eSubmission Considerations

Choose a platform that captures intent, consent, attribution, and retention to meet ESIGN and UETA legal tests.

  • File Formats: PDF, DOCX supported
  • Integrations: Title, CRM, cloud storage
  • Authentication: Email, SMS, or advanced options

Ensure the chosen provider supports audit trails, secure storage (AES-256), and exportable records for recording or regulatory review.

Typical Online Signing Flow for a Sight Unseen Sale

This sequence outlines the common online steps; adapt timing and authentication based on buyer, seller, and title company needs.

  • Upload: Sender uploads agreement and attachments to the signing platform.
  • Place Fields: Insert signature, initial, date, and conditional fields.
  • Send: Email or secure link sent to signer with instructions.
  • Complete: Signer authenticates, signs, and receives executed copy with audit log.

Six Core Clauses Every Professional Sight Unseen Agreement Should Include

Include clear, enforceable clauses that allocate risk, define remedies, and set deadlines to avoid ambiguity and support title and escrow processes.

Property Condition

Describe the property's condition and reference seller disclosures. State whether seller provides any warranties or if sale is 'as-is' subject to stated exceptions and agreed credits.

Inspection Rights

Specify who may inspect, permitted inspectors, the inspection period in calendar days, and the process for reporting defects and negotiating cures or credits.

Title and Closing

Require title commitment delivery by a set date, define acceptable exceptions, and outline responsibilities for curing title defects prior to closing.

Deposit and Escrow

State deposit amount, conditions for release, escrow agent name, and what happens to deposit on termination or default.

Remedies for Defects

Detail remedies available to buyer (repair, credit, price reduction, termination) and the timelines to elect remedies following inspection results.

Risk Allocation

Address casualty loss, utilities, access, and which party bears responsibility for post-execution damages or liens before closing.

Supporting Documents Commonly Attached

Attach related documents to create a complete record that title companies and closing agents can rely on during escrow and recording.

Seller Disclosures

Provide state-mandated property condition disclosure forms, lead-based paint disclosure where applicable, and any known material defect notices to comply with disclosure statutes.

Title Commitment

Attach the preliminary title report or commitment showing current exceptions so buyer can review encumbrances before closing.

Inspection Reports

Include third-party inspection summaries, repair estimates, and photos to support any identified issues and document the basis for negotiated credits.

Entity Documents

If an entity signs, attach formation documents and a resolution or power of attorney showing authority to execute the sale on the entity's behalf.

Common Deadlines and Timing Expectations

Establish and track key dates in the agreement to avoid missed contingencies and preserve termination rights.

Effective Date:

The date the agreement is signed and triggers contingency timelines.

Inspection Period:

Typical range: 7–14 days; state explicitly how days are counted.

Title Review Deadline:

Often 10–20 days after effective date for objection submission.

Closing Date:

Set a firm date or a range and define extensions for financing or cure.

Deposit Release:

Specify when escrow deposit becomes non-refundable or is returned after termination.

Key Transaction Milestones from Offer to Recording

A sequential view helps parties and vendors coordinate tasks and deadlines during the sale process.

01

Offer Execution

Signature and deposit submitted; effective date established.

02

Due Diligence Window

Buyer-inspection and title review take place; objections submitted within set days.

03

Resolution Period

Seller and buyer agree on repairs, credits, or termination based on inspections and title objections.

04

Closing and Recording

Funds transfer, deed executed, and deed recorded with county recorder or land registry.

Common Mistakes to Avoid

  • Omitting the precise legal description and relying only on a street address, which can delay recording and title searches.
  • Failing to specify inspection remedies and timelines, leaving disputed repair obligations unresolved after closing.
  • Allowing ambiguous authorization when an entity signs without attaching a resolution or power of attorney.
  • Neglecting to coordinate seller disclosures with the agreement, which can create statutory disclosure liabilities.

Risks and Legal Consequences of Errors

Title Defect: Possible recording rejection
Disclosure Failure: Statutory liability and rescission risk
Misidentified Parties: Voidable conveyance risk
Missed Deadlines: Loss of contingency rights
Improper Signatures: Enforceability challenges
Incorrect Consideration: Tax reporting implications

eSignature Vendor Pricing Snapshot for This Use Case

This comparison highlights starting prices and a few feature differences relevant to signing and routing a Real Estate Sight Unseen Agreement; signNow is listed first per vendor convention.

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

Practical Examples of Sight Unseen Transactions

Real-world scenarios show how clauses and processes are applied to protect parties when a property is sold without a walkthrough.

Investor Purchase Example

A small investment firm buys a four-unit building using third-party inspection reports

  • The contract provides a seven-day inspection window and a fixed credit for agreed defects
  • The firm closed remotely with escrow holding funds pending title cure and received executed closing docs with an audit trail for compliance.

Estate Sale Example

An executor sells a single-family home for quick settlement, disclosing known roof damage

  • Buyer waives physical walkthrough but retains a five-day review right for title and serious defects
  • Parties used certified eSignatures and RON where allowed to complete the sale on schedule.

FAQs and Troubleshooting

Answers to common questions about enforceability, notarization, and digital workflows for a Real Estate Sight Unseen Agreement.


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