Can the Suggested Terms be signed electronically?

Yes. The federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes validate electronic signatures for most transactions when intent, consent, attribution, and retention are present; confirm exceptions such as wills and certain court filings in specific jurisdictions.

What notarization or witness steps are required?

Deeds typically require a notary acknowledgement in all states; witness requirements vary. Florida and South Carolina commonly require two witnesses for certain deeds. For remote notarization, follow the state's RON rules for identity proofing and record retention.

Are digital signatures stronger than simple e-signatures?

Digital signatures use PKI and provide cryptographic non-repudiation, while simple electronic signatures rely on audit trails and evidence of intent. Both can be legally valid under ESIGN/UETA; choose digital signatures for regulated or high-assurance workflows.

What happens if the legal description is incorrect?

An incorrect legal description can cloud title, lead to recording rejections, or render the conveyance ineffective. Correct errors before closing via corrective instruments and consult title counsel to secure insurance and clear the chain of title.

How long must I retain executed documents?

Retain tax-related materials at least 3 years per IRC §6501(a), HIPAA-covered records 6 years per 45 CFR §164.530(j), and maintain recorded deeds per local practice; check state or industry rules for longer periods.

Can signNow be used to execute these terms?

signNow supports ESIGN and UETA compliance, provides audit trails, and implements TLS and AES-256 encryption. For HIPAA-covered workflows a BAA is required. Ensure signer authentication and any notarization steps meet state law prior to recording.

Electronic Signature
Templates
Real estate
Real Estate Suggested Terms

Real Estate Suggested Terms

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

REAL ESTATE SUGGESTED TERMS

Parties

Seller Name Seller Contact / Address Buyer Name Buyer Contact / Address

Property Identification

Property Address Assessor's Parcel Number (APN) Legal Description

Suggested Financial Terms

Purchase Price: $ . Earnest Money Deposit: $ to be delivered to by .

Financing: Loan Amount $ ; Financing Contingency Period: days after mutual acceptance. Proposed Loan Type: .

Closing Date: on or before . Possession to Buyer: at .

Allocation of Closing Costs (describe or check)

Inspections, Disclosures and Repairs

Inspection Period: Buyer to complete inspections within days after mutual acceptance. Seller to provide existing disclosures and permit documentation within days.

Statutory/Material Condition Disclosures

Lead-Based Paint Present? Yes No

Known Mold or Water Intrusion? Yes No

Prior Structural Damage or Major Repairs? Yes No

Repairs / Credits

Title, Survey and HOA

Title to be conveyed by marketable deed, subject only to matters acceptable to Buyer. Title policy premium to be paid by . Buyer will obtain a preliminary title report within days to review exceptions.

Property part of a Homeowners Association? Yes No If yes, HOA documents to be provided within days.

Included and Excluded Items

Default and Remedies

If Buyer defaults, Seller may retain earnest money as liquidated damages or pursue specific performance, provided such remedies are consistent with applicable law. If Seller defaults, Buyer may elect to terminate and receive return of earnest money or seek specific performance. Parties agree that the allocation of remedies set forth herein is intended to be reasonable and not a penalty.

Representations and Warranties

Seller represents that Seller has authority to sell the Property, that there are no undisclosed leases or encumbrances other than those disclosed to Buyer, and Seller will deliver the Property at closing free of liens except as previously disclosed. Buyer represents that Buyer has the capacity to perform under these suggested terms and will proceed to good faith efforts to obtain financing where applicable.

Additional Terms

Governing Law and Integration

These suggested terms are intended to guide preparation of a formal purchase agreement. Except to the extent the parties execute a binding agreement, these terms are non-binding proposals. Any binding agreement will be governed by the laws of the state in which the Property is located. This document constitutes the entire expression of suggested terms between the parties and supersedes prior written or oral proposals regarding these essential deal points.

Execution

By signing below the parties acknowledge that they have reviewed and propose these terms for inclusion in a formal purchase agreement. Execution of a definitive purchase and sale agreement is required to create binding obligations except where the parties expressly agree in writing to be bound by specific provisions herein.

Seller Printed Name:

Buyer Printed Name:

Seller Signature:

Buyer Signature:

Date:

What the Real Estate Suggested Terms Provide

Real Estate Suggested Terms is a structured set of commonly used clauses and proposed language intended to standardize key provisions in residential and commercial real estate transactions. It groups items such as purchase price, contingencies (inspection, financing), closing timetable, title and conveyance language, prorations, risk-of-loss allocation, and remedies to help parties prepare a draft that can be reviewed by counsel and adapted to state requirements prior to execution.

Why Use Suggested Terms in a Transaction

Using Real Estate Suggested Terms promotes consistency in drafting, highlights negotiable points, and reduces avoidable errors during negotiation and closing.

Who Typically Prepares and Relies on These Terms

Typical users include brokers, listing and buyer agents, in-house counsel, transaction coordinators, and private parties preparing offers and counteroffers.

Real estate brokers and agents using standard clauses to speed offer drafting and client review.
Buyers and sellers who want transparent, negotiable starting points in purchase agreements.
Attorneys and title officers ensuring terms align with state statutory and recording requirements.

Treat the Suggested Terms as a starting checklist; adapt language for jurisdictional rules, lender conditions, and client objectives before finalizing.

Essential Clause Categories to Include

A professional Suggested Terms package groups provisions so negotiators can address price, contingencies, timelines, title, risk allocation, and remedies consistently across drafts.

Price & Payment

Specify total purchase price, deposit amounts, escrow holder, acceptable payment methods, and the handling of earnest money on default or financing failure to avoid ambiguity at closing.

Contingencies

List inspection, financing, appraisal, title, and survey contingencies with clear deadlines for notice, cure, and termination to preserve parties' rights and timelines.

Closing & Possession

Set the closing date, delivery of documents, possession timing, prorations for taxes and utilities, and procedures for extensions or delayed closings.

Title & Risk

Require seller to deliver marketable title, define title insurance responsibilities, address encumbrances, and allocate risk of loss prior to closing.

Default & Remedies

Define events of default, notice and cure periods, available remedies such as liquidated damages or specific performance, and dispute resolution mechanisms.

Representations & Warranties

Include seller warranties on ownership, authority, property condition, material disclosures, and notice obligations for post-closing claims or latent defects.

Core Fields Required in the Suggested Terms

Buyer Name: Full legal name required.

Seller Name: Full legal entity as recorded.

Property Address: Street, city, state, and ZIP.

Purchase Price: Dollar amount entered numerically.

Closing Date: Enter as MM/DD/YYYY; date binds obligations.

Signatures: All parties must sign and date.

Step-by-Step: Filling Out Suggested Terms

Follow this sequence to populate Suggested Terms, confirm accuracy, and prepare documents for execution and recording where required.

01

Identify Parties: Enter full legal names and contact information for all parties.
02

Describe Property: Provide precise legal description or attach deed exhibit.
03

Specify Terms: Complete price, contingencies, closing date, and allocation clauses.
04

Review & Sign: Have counsel and title review; execute with required notarization.

Where to Send and File Executed Terms

The execution and delivery process determines final filing, recording, and distribution; follow these routing steps for signatures and recording.

Prepare Document: Assemble terms, exhibits, and title documents.
Execute: Obtain signatures and notarizations as required.
Deliver to Title: Submit to title company or closing agent.
Record: Record deed or instruments with county recorder.

Configuring an Electronic Workflow

Set up fields, routing, and authentication to capture complete records, audit trails, and conditional clauses for varied transaction types.

Field	Configuration
Auto-Fill	Magic fields detect names and dates
Conditional Fields	Show financing clauses only when selected
Authentication	Email + SMS code or KBA options
Signer Order	Define sequential or parallel routing

Technical Requirements for eSubmission and Signing

Use a platform supporting PDF and Word uploads, a verifiable audit trail, and optional stronger signer authentication to meet ESIGN and UETA expectations.

File Formats: Supports PDF and Word DOCX.
Integrations: Works with title and CRM systems.
Security: TLS in transit, AES-256 at rest.

Typical Dates and Deadlines to Track

Key dates govern inspection, financing, contingency notices, closing, and recording; meet deadlines to preserve rights and avoid penalties.

Inspection Period:

Typically 7–14 days unless negotiated otherwise.

Financing Contingency Deadline:

Date lender approval or loan commitment is required.

Title Objection Deadline:

Deadline to raise title defects for seller cure.

Closing Date:

Recorded deed and funds transfer occur on this date.

Recording Window:

Record deed promptly to establish priority and notice.

Common Risks and Consequences of Errors

Missed Deadlines: Loss of contingency rights.

Incorrect Parties: Title defects; recording delays.

Wrong Legal Description: Deed may be voidable.

Unsigned Pages: Incomplete agreement; unenforceable clauses.

Improper Notarization: Recording rejection or rescission risk.

Tax Reporting Errors: Backup withholding or penalties.

Selected eSignature Vendor Pricing and Capability Snapshot

This vendor-level snapshot compares starting prices and common capabilities for executing and storing real estate documents; product selection should match required compliance and volume needs.

	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

Common Questions and Practical Answers

Answers to frequent questions about preparing, executing, and retaining Real Estate Suggested Terms, with references to signature legality and recording considerations.

Need help? Contact support

Can the Suggested Terms be signed electronically?
Yes. The federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes validate electronic signatures for most transactions when intent, consent, attribution, and retention are present; confirm exceptions such as wills and certain court filings in specific jurisdictions.
What notarization or witness steps are required?
Deeds typically require a notary acknowledgement in all states; witness requirements vary. Florida and South Carolina commonly require two witnesses for certain deeds. For remote notarization, follow the state's RON rules for identity proofing and record retention.
Are digital signatures stronger than simple e-signatures?
Digital signatures use PKI and provide cryptographic non-repudiation, while simple electronic signatures rely on audit trails and evidence of intent. Both can be legally valid under ESIGN/UETA; choose digital signatures for regulated or high-assurance workflows.
What happens if the legal description is incorrect?
An incorrect legal description can cloud title, lead to recording rejections, or render the conveyance ineffective. Correct errors before closing via corrective instruments and consult title counsel to secure insurance and clear the chain of title.
How long must I retain executed documents?
Retain tax-related materials at least 3 years per IRC §6501(a), HIPAA-covered records 6 years per 45 CFR §164.530(j), and maintain recorded deeds per local practice; check state or industry rules for longer periods.
Can signNow be used to execute these terms?
signNow supports ESIGN and UETA compliance, provides audit trails, and implements TLS and AES-256 encryption. For HIPAA-covered workflows a BAA is required. Ensure signer authentication and any notarization steps meet state law prior to recording.

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