Establishing secure connection…Loading editor…Preparing document…

Real Estate Sunrise Agreement

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

REAL ESTATE SUNRISE AGREEMENT

This Real Estate Sunrise Agreement (the Agreement) is made and entered into on by and between:

PARTIES

PROPERTY IDENTIFICATION

Property Address:

FINANCIAL TERMS

Purchase Price: $   Earnest Money Deposit: $   Due to Escrow Within:

Buyer’s obligation to close is conditioned upon obtaining financing on terms acceptable to Buyer. If checked, Financing Deadline:

Number of Days for Inspection: from contract effective date.

Closing Date:   Possession Date:

CONDITIONS, INSPECTIONS AND REPAIRS

Seller represents title shall be marketable at closing subject only to the permitted exceptions set forth herein. Buyer shall have the right to inspect the Property during the Inspection Period. Seller shall permit reasonable access for inspections and tests. Buyer may deliver to Seller a written notice of defects and request for repairs within the Inspection Period. If Seller elects to perform repairs, Seller shall deliver written notice of election and schedule for completion.

DISCLOSURES

Lead-Based Paint Disclosure Applicable for properties built prior to 1978: Yes No

Mold or Water Intrusion (prior or existing): Yes No

Prior Structural Damage or Major Repairs: Yes No

DEFAULT, REMEDIES & TITLE

If Buyer fails to timely perform any material obligation under this Agreement, Seller may retain earnest money as liquidated damages and pursue any other remedies at law or equity. If Seller fails to convey marketable title in accordance with this Agreement, Buyer may elect specific performance or terminate and recover earnest money and incidental damages. Remedies are cumulative and do not preclude injunctive relief where appropriate.

Title shall be conveyed by grant deed, free of monetary liens and encumbrances except those set forth in this Agreement and matters approved by Buyer in writing. At closing, Seller shall deliver a current title policy insuring Buyer’s fee simple title subject only to permitted exceptions.

REPRESENTATIONS, WARRANTIES & COVENANTS

Seller represents that Seller is the sole owner of the Property and has full authority to sell. Seller warrants that, to Seller’s knowledge, there are no undisclosed material violations of law or known latent defects except as disclosed herein. Buyer acknowledges reliance on Buyer’s own inspections and investigations.

MISCELLANEOUS

Notices under this Agreement shall be given in writing to the mailing addresses provided herein and shall be effective upon receipt. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements. This Agreement may be amended only by a written instrument signed by both parties.

Governing Law: The interpretation and enforcement of this Agreement shall be governed by the laws of the state in which the Property is located.

Seller (Print Name):

By:

Date:

Buyer (Print Name):

By:

Date:

Enter text✕

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

The Real Estate Sunrise Agreement is a pre-closing contract used in residential and commercial transactions to record preliminary terms, contingencies, and timelines that guide the parties toward a formal purchase or lease closing. It typically defines the property, identifies buyer and seller (or landlord and tenant), sets the effective date and closing window, lists financing and inspection contingencies, and allocates responsibilities such as deposit handling, escrow instructions, and prorations. When signed by authorized parties, the Sunrise Agreement creates binding interim obligations and serves as the roadmap for final documents and recording steps.

Why a Sunrise Agreement matters in real estate transactions

A Sunrise Agreement clarifies core terms early, reduces misunderstandings, and documents interim commitments that protect deposit funds and set enforceable deadlines before final closing documents are prepared.

Why a Sunrise Agreement matters in real estate transactions

Typical parties and practitioners who rely on this agreement

The Sunrise Agreement is used by buyers, sellers, landlords, tenants, brokers, title companies, escrow officers, and real estate attorneys as an early-stage binding framework.

  • Buyers and renters who need a written commitment for earnest money, inspection windows, and financing contingencies.
  • Sellers and landlords seeking clear timelines for closing, occupancy, and remedies for buyer or tenant default.
  • Title and escrow professionals who use the agreement to coordinate recording, title curative work, and deed preparation.

Use early execution of the Sunrise Agreement to reduce downstream negotiation friction and to document agreed interim remedies and notice procedures.

Who signs and who oversees execution

Buyer / Tenant

An authorized individual or entity signatory who provides earnest money or initial deposit and accepts contingencies; often represented by a broker or attorney to confirm financing and inspection timelines.

Seller / Landlord

An authorized signatory who agrees to the stated terms and schedules, directs escrow or title company actions, and retains obligations to disclose known property conditions until closing.

Core sections to include in a professional Sunrise Agreement

A professional Sunrise Agreement organizes the deal into identifiable sections so each party can confirm obligations quickly and consistently during pre-closing activity.

Parties

Full legal names and entity types for buyer, seller, and any guarantors; include authorized signer names and titles to confirm signature authority.

Property Description

Precise street address, parcel or legal description, and any unit or suite identifiers used to ensure the correct property is referenced for title searches and recording.

Purchase Terms

Purchase price or rent, deposit amount and handling, prorations, and whether amounts are refundable under defined contingencies such as inspection or financing.

Contingencies

Inspection, financing, appraisal, and title objections with explicit deadlines and cure periods to define when each contingency is satisfied or waived.

Closing Mechanics

Anticipated closing date, closing agent or escrow holder, allocation of closing costs, required deliverables, and recording responsibilities.

Remedies & Notices

Default remedies, dispute resolution method, governing law, and notice provisions including how and where notices must be sent.

Step-by-step: completing the Sunrise Agreement

Follow these sequential steps to prepare, confirm, and execute the Sunrise Agreement with minimal rework.

  • 01
    Gather documents: Collect IDs, formation documents, and current title report before drafting.
  • 02
    Draft terms: Set price, deposit, contingencies, and closing date clearly.
  • 03
    Review with counsel: Have attorneys or title agents verify legal descriptions and authority.
  • 04
    Execute and distribute: Obtain all signatures, deliver copies to escrow and title professionals.

Where the signed Sunrise Agreement goes next

After execution, route the signed agreement to the parties, escrow/title, and any lender to trigger opening of escrow and title clearance work.

  • Buyer/Agent: Keeps an executed copy for financing and inspection coordination.
  • Escrow/Title: Receives original to open escrow, order title search, and prepare deed.
  • Lender: Receives terms to begin loan processing and commitment issuance.
  • Seller/Agent: Retains copy and responds to contingencies or cure requests.

Digital signing and sharing: technical considerations

Use secure e-signature platforms that preserve an audit trail and support required authentication levels for the transaction.

  • File formats: PDF, DOCX supported
  • Integrations: Works with CRM and title systems
  • Auth options: Email, SMS, or KBA

Confirm platform encryption, retention, and audit capabilities before e-signing so the executed agreement is admissible and reproducible if needed.

Common deadlines to include and watch

Identify absolute dates and cure windows in the agreement so all parties track the same timeframes for contingencies and closing.

Effective Date:

Date the agreement takes effect and triggers contingency clocks.

Inspection Deadline:

Specify last date to complete inspections and notify seller of objections.

Financing Commitment:

Date by which buyer must obtain loan approval or waive financing contingency.

Closing Date:

Target date for deed delivery, funds transfer, and recording.

Recording Deadline:

Date by which the deed and mortgage must be presented for recording.

Key milestones from signature to recording

A clear milestone sequence reduces risk; list events in order so responsibility for each step is obvious.

01

Execution

Parties sign the Sunrise Agreement and deposit earnest money.

02

Escrow Opening

Escrow/title opens and the title search begins.

03

Contingency Resolution

Inspections, lender conditions, and title objections get cleared.

04

Closing & Recording

Final documents executed, funds transferred, and documents recorded.

Consequences of incorrect or incomplete Sunrise Agreements

Recording Rejection: Delayed closing
Title Defect: Unclear ownership risk
Deposit Disputes: Loss or litigation
Financing Failure: Buyer default risk
Statute Issues: Jurisdictional enforcement limits
Notary Noncompliance: Invalidated acknowledgment

Common drafting and execution mistakes to avoid

  • Using an imprecise property description that differs from the county parcel record leads to title exceptions and recording rejections.
  • Failing to name the correct legal entity or authorized signer can invalidate acceptance and require re-execution under entity resolution.
  • Not specifying deposit handling or refund conditions creates disputes when contingencies fail or timelines slip.
  • Overlooking state-specific notarization or witness rules can render acknowledgements ineffective for recording or probate purposes.

Security and compliance considerations for digital execution

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Detailed timestamp and IP history
Certifications: SOC 2 Type II available
HIPAA: BAA required for PHI
21 CFR Part 11: Supported for regulated records
Accessibility: WCAG 2.0 Level AA

Practical examples of Sunrise Agreements in use

These case summaries show how parties use the agreement to accelerate closings and reduce in-person meetings.

Martin Properties

Tim Martin used a Sunrise Agreement to consolidate deposit and contingency terms early in the process, reducing office visits.

  • The agreement set clear inspection and financing deadlines.
  • As a result, Martin Properties closed multiple residential deals remotely with complete compliance and streamlined title coordination.

Optica Ventures

Optica Ventures used the Sunrise Agreement to standardize pre-closing exhibits across investor purchases, cutting ambiguity in deposit handling.

  • Standardized deposit and escrow instructions simplified reconciliation.
  • This reduced title exceptions and allowed Optica to scale deal intake while preserving legal precision during rapid portfolio growth.

eSignature vendor comparison for signing the Sunrise Agreement

A neutral comparison of common eSignature vendors shows price and capability differences relevant to real estate workflows; signNow is listed first per vendor ordering rules.

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 trial, no credit card required 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 Varies Varies

Frequently asked questions about the Sunrise Agreement

Answers to common questions about enforceability, notarization, corrections, and digital execution for the Sunrise Agreement.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users