Can the S&P 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 notarization always required?

Not all S&P signatures require notarization, but the deed conveying title usually requires a notary acknowledgement for recording. State rules vary; check the county recorder.

What if party names differ from title?

Mismatched names can delay recording; corrective deeds or affidavits may be required. Confirm exact legal names with the title report and ID before signing.

Can a remote online notarization be used?

RON is permitted in many states under state notary law; ensure the recorder accepts RON for deeds and that identity proofing and audio-video retention requirements are met.

How long should I keep the signed S&P?

Retain executed agreements at least through closing and for several years after—IRS baseline is 3 years for tax records, and real estate practice often retains records 7 years post-closing.

What happens if a field is left blank?

Blank or ambiguous fields can create enforceability issues, trigger escrow holds, or require amendments. Amendments should be executed by all parties with the same formalities as the original.

Real Estate S&P Form

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

REAL ESTATE SALE AND PURCHASE AGREEMENT

Parties

This Sale and Purchase Agreement ("Agreement") is entered into by and between the undersigned Seller and Buyer on the date of final signature below.

Seller Name Seller Address Seller Contact (phone / email) Buyer Name Buyer Address Buyer Contact (phone / email)

Property Identification

Street Address Parcel / APN Number Legal Description

Purchase Price and Payment

Purchase Price: $ payable as follows:

Earnest Money Deposit Additional Deposit / Due at Closing

Financing Contingency: Buyer shall have a loan commitment in the principal amount of $ or a loan-to-value ratio of . Buyer’s mortgage contingency period ends on .

Inspection, Due Diligence and Repairs

Buyer shall have the right to conduct inspections, tests and evaluations of the Property during an inspection period ending on . Seller shall permit reasonable access. If Buyer provides written notice of unsatisfactory conditions prior to that date, the parties shall negotiate in good faith with respect to repairs or credit. If no agreement is reached, Buyer may terminate and receive return of earnest money in accordance with this Agreement.

Title, Closing and Possession

Title / Escrow Company

Closing Date: The closing shall occur on or before (the "Closing Date"), unless extended by mutual written agreement. At closing Seller shall deliver marketable title subject only to permitted exceptions.

Possession shall be delivered to Buyer on , subject to tenant rights and any other occupancy agreements disclosed in writing prior to the Effective Date.

Prorations, Costs, and Adjustments

Real estate taxes, assessments, rents, utilities and other customary proratable items shall be prorated as of the Closing Date. Closing costs shall be allocated according to custom of the jurisdiction except as otherwise set forth in this Agreement.

HOA / CC&R Information

Inclusions and Exclusions

Unless otherwise specifically stated in writing, the sale includes all built-in appliances, fixtures, plumbing, heating, cooling and electrical fixtures permanently attached. The following items are expressly excluded from the sale:

Disclosures

Seller represents and warrants to Buyer that, to Seller’s actual knowledge, the following statements are true as of the Effective Date:

Lead-based paint disclosure present? Yes No

Mold or fungal growth known? Yes No

Prior structural damage or major repairs? Yes No

Additional Disclosures / Seller Notes

Default, Remedies and Indemnity

If Buyer fails to close in accordance with this Agreement, Seller may retain earnest money as liquidated damages or elect to pursue specific performance or actual damages in accordance with applicable law. If Seller fails to convey marketable title or otherwise breaches, Buyer may seek specific performance, return of earnest money or other remedies. Each party agrees to indemnify the other for breaches of representations, covenants and obligations hereunder.

Insurance and Risk of Loss

Risk of loss or damage to the Property prior to Closing shall remain with Seller. If material damage occurs prior to Closing, Buyer may elect to terminate or proceed to closing with an agreed credit or repairs.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located. This Agreement, together with any addenda and exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

Notices

Notices under this Agreement shall be in writing and shall be deemed given when delivered in person, by nationally recognized overnight courier, or when sent by certified mail to the addresses set forth above or to any updated address provided in writing.

Effective Date of Agreement

Additional Terms and Conditions

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate S&P Form Is and when it applies

The Real Estate S&P Form (Sales and Purchase agreement template used in property transactions) is a structured contract that records the parties, description of the property, purchase price, deposit, contingencies, closing date and basic conditions for transfer of real property. It frames obligations for buyer and seller, allocates risk during inspection and finance contingencies, and creates a record used for closing, title transfer, and escrow settlement. This guide focuses on common fields, completion steps, and compliance considerations for U.S. transactions.

Why a clear S&P form matters for real estate closings

A complete Sales & Purchase form reduces misunderstandings, supports enforceability under ESIGN and UETA principles, and helps ensure closing milestones are met while documenting consideration and contingencies in writing for title and escrow purposes.

Who typically prepares, reviews, and signs an S&P

Real estate brokers, listing agents, buyer agents, escrow officers, title companies, lending officers, and attorneys commonly handle Sales & Purchase forms during transactions; owners and buyers are the primary signers.

Listing and buyer agents prepare and negotiate terms, review disclosures, and coordinate inspections.
Escrow and title officers verify signatures, manage deposits, and arrange recording and payoff instrument handling.
Buyers and sellers execute the agreement, deliver required disclosures, and satisfy contingencies before closing.

Each role has different responsibilities: agents prepare and negotiate, title/escrow handle document exchange and recording, lenders impose financing conditions, and counsel reviews legal terms for clients.

Who can sign and what authority looks like

Individual Seller

A seller signing in a personal capacity must use the exact legal name shown on title; if signing through an entity, include printed name and role. Signatures that do not match title or deed records can delay recording and closing.

Entity Signatory

An authorized officer, manager, or agent may sign for an LLC or corporation; include the entity name, signer name, and job title. Boards or corporate resolutions may be required to show signing authority for high-value transfers.

Step-by-step completion and exchange flow

Follow these sequential steps to prepare, sign, and route the Sales & Purchase form for closing to minimize rework and recording delays.

01

Prepare draft: Populate parties, price, deposit, description and contingencies.
02

Agent and counsel review: Confirm disclosures, title exceptions, and lender conditions.
03

Execute signatures: Obtain all required signatures, notarizations, or eSignatures as permitted.
04

Deliver to escrow: Submit fully signed agreement plus deposit and supporting documents to escrow and title for closing.

How to configure an online S&P workflow

Set up fields, signer order, and authentication to match the transaction workflow and any lender or title requirements.

Field	Configuration
Signer Order	Sequential — seller then buyer then escrow
Authentication	Email + SMS code for guest signers; add KBA for higher assurance
Conditional Fields	Show inspection/financing clauses only if elected
Notifications	Automatic reminders at 3 and 7 days before closing

Where to send or file the executed S&P form

After execution, route the agreement and supporting items to escrow and title; record the deed at county recorder once funds and closing conditions are satisfied.

Escrow/Title Company: Upload the final signed S&P and deliver deposit instructions to escrow.
Lender Document Desk: Send any lender-required addenda and payoff statements.
County Recorder: Record deed and any required transfer documents after funding.
Tax and PRC Notices: File any municipal transfer or documentary transfer tax forms as required.

Digital signing, authentication, and delivery considerations

Choose an eSignature workflow that captures intent, attribution, and a durable audit trail meeting ESIGN/UETA requirements.

Authentication Options: Email link, SMS code, knowledge-based identity verification when required
Notarization Support: Remote Online Notarization (RON) where state law permits and recorder accepts
File Formats: PDF/A output with embedded audit trail and certificate of completion

Essential sections to include in a professional S&P form

A well-structured Sales & Purchase form includes defined sections for identity, property, price, contingencies, closing logistics, and signatures so all parties and third-party stakeholders can act on clear obligations.

Parties

Full legal names and contact details for buyer(s), seller(s), and any entity involved.

Property

Complete legal description, parcel number, and commonly used street address.

Price & Payment

Purchase price, deposit amount, remaining balance, and payment method.

Contingencies

Inspection, financing, title objections, and other conditional remedies.

Closing Terms

Closing date, possession, prorations, escrow instructions, and deed type.

Signatures

Signature blocks, notarization fields, and witness lines where required.

Supporting documents and export options commonly needed

Include the most commonly required attachments and provide downloads in standard formats to meet recorder, lender, and tax office needs.

Preliminary Title Report

Attach a current title commitment showing exceptions and encumbrances for review before closing.

Seller Disclosures

Include required state-specific condition disclosures and lead-based paint or environmental notices when applicable.

Inspection & Repair Addenda

Document accepted repairs, credits, or holdbacks as an exhibit to the S&P.

Export Formats

Provide final executed copies as PDF/A and a certificate of completion for registries and lender files.

Typical timeline and deadline checkpoints for a sale

Key dates drive deposits, contingencies, and closing. Use explicit calendar dates in MM/DD/YYYY format to avoid ambiguity.

Offer Acceptance Deadline:

Date when seller accepts buyer’s offer; triggers deposit schedule.

Inspection Period End:

Deadline for buyer to complete inspections and deliver objections or acceptance.

Loan Commitment Date:

Date by which buyer must obtain lender approval or terminate per financing contingency.

Final Walk-Through:

Scheduled day for buyer to confirm property condition prior to closing.

Closing Date:

Recorded as MM/DD/YYYY; deed recorded and funds dispersed upon satisfactory closing.

Consequences of incomplete or incorrect S&P entries

Recording Delay: Incorrect legal description

Escrow Hold: Missing signatures or notarization

Title Exceptions: Undisclosed liens or easements

Tax Exposure: Incorrect transfer tax reporting

Financing Failure: Unmet loan conditions

Legal Challenge: Ambiguous contract language

Common mistakes to avoid when preparing an S&P

Using only a street address instead of the legal description causes recording rejections or deed corrections.
Mismatched buyer/seller names between the S&P and title documents delays closing and may require corrective documents.
Leaving blanks in monetary fields or using vague terms like 'reasonable' opens disputes over payment obligations.
Failing to include lender or municipal addenda required by a jurisdiction can void finance contingencies.

Practical tips for accurate and efficient S&P completion

Small checks during preparation can prevent large delays at closing and reduce risk for all parties.

Verify Names Early

Confirm legal names on title reports and ID before drafting the agreement to avoid corrective deeds and notarization problems.

Use Exact Amounts

Spell out purchase price in words and numerals and confirm deposit routing in escrow instructions to prevent fund misdirection.

Attach Exhibits

Include exhibits for accepted repairs, inspection reports, and lender requirements to make obligations and timelines explicit.

Preserve Audit Trail

When using eSign, ensure the system records IP, timestamp, and consent to electronic records for enforceability under ESIGN/UETA.

How real teams use an S&P form in practice

These brief examples show practical uses of a Sales & Purchase form across common transaction scenarios.

Residential Closing

An agent populates the contract using a title report copy

buyer requests a five-day inspection period
escrow receives the signed S&P, deposit, and inspection addendum; title clears and deed records on closing day.

Investor Flip

Investor contracts include an assignment or contingency for quick financing

investor secures bridge loan within specified finance contingency
agreement routes to escrow with conditional closing and prorated possession terms for fast turnaround.

Supporting documents and minimal data you should collect

Buyer ID: Government-issued photo ID

Seller ID: Title-holder photo ID

Title Report: Preliminary Title Commitment

Disclosures: State-required property disclosures

Proof of Funds: Bank statement or lender preapproval

Deed or Plat: Recorded deed or survey

Typical eSignature vendor pricing and feature snapshot for S&P workflows

This table summarizes common vendor pricing and select feature availability relevant to high-volume real estate S&P workflows; signNow is listed first per platform comparison guidance.

	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 (Premium tier)	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 limit	Varies	Varies	Varies

Frequently asked questions about the Real Estate S&P Form

Answers to common questions about execution, notarization, eSignature validity, and post-closing recordkeeping for the Sales & Purchase form.

Need help? Contact support

Can the S&P 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 notarization always required?
Not all S&P signatures require notarization, but the deed conveying title usually requires a notary acknowledgement for recording. State rules vary; check the county recorder.
What if party names differ from title?
Mismatched names can delay recording; corrective deeds or affidavits may be required. Confirm exact legal names with the title report and ID before signing.
Can a remote online notarization be used?
RON is permitted in many states under state notary law; ensure the recorder accepts RON for deeds and that identity proofing and audio-video retention requirements are met.
How long should I keep the signed S&P?
Retain executed agreements at least through closing and for several years after—IRS baseline is 3 years for tax records, and real estate practice often retains records 7 years post-closing.
What happens if a field is left blank?
Blank or ambiguous fields can create enforceability issues, trigger escrow holds, or require amendments. Amendments should be executed by all parties with the same formalities as the original.

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