Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, attribution, and the record is retained in a reproducible form.

When is notarization required?

Notarization is required for many deeds and certain acknowledgements to be recorded. State recorder or statute determines when an acknowledgement or notary is necessary; check local recording rules before executing.

Can a remote online notarization (RON) be used?

RON is permitted in many states with permanent RON laws, subject to identity proofing, audio-video recording, and record retention; verify your state’s RON rules before relying on remote notarization.

How do I correct mistakes after signing?

Minor errors often require a corrective amendment or re-execution; material changes typically need all parties’ signatures on an amendment or rescission and reformation, documented in writing.

Who must sign for an entity?

An authorized officer, manager, or agent should sign with a printed title and reference to board or resolution if required; title companies or counsel may request evidence of authority.

Are eSigned documents admissible in court?

Yes. Admissibility depends on demonstrating authenticity and integrity through an audit trail and platform security; maintain records showing intent, attribution, and preservation to support evidentiary weight.

Electronic Signature
Templates
Real estate
Sales and Leasing Agreement for Real Estate

Sales and Leasing Agreement for Real Estate

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

SALES AND LEASING AGREEMENT FOR REAL ESTATE

This Sales and Leasing Agreement for Real Estate (Agreement) is entered into as of Effective Date: by and between Seller/Lessor and Buyer/Lessee as set forth below. This Agreement sets forth the terms under which the Property identified below shall be sold and/or leased consistent with the provisions herein.

Parties

Seller / Lessor Mailing Address

Buyer / Lessee Mailing Address

Property Identification

Street Address Parcel / APN Number Legal Description

Sale Terms

Purchase Price: $ Earnest Money: $ Held By:

Financing Contingency: Buyer has days from Effective Date to obtain loan commitment. Inspection Period: days for inspections and approvals.

Closing Date: . Closing Location: . Possession Date: .

Lease Terms (If Applicable)

Lease Term Commences: and ends: .

Monthly Rent Security Deposit

Rent Due Date: . Late Fee: assessed after days past due.

Pet Policy

Pets Allowed: Yes If yes, Pet Deposit: $

Utilities Responsibility Maintenance & Repairs Insurance Requirements

Disclosures

Lead-Based Paint Disclosure: Present? Yes No

Known Mold or Water Intrusion: Present? Yes No

Prior Structural or Material Damage (repairs disclosed): Yes No

If any disclosure is Yes, describe

Default, Remedies & Enforcement

If Buyer/Lessee defaults in performance, Seller/Lessor may, at its election, terminate this Agreement, retain earnest money as liquidated damages, or pursue specific performance or monetary damages. If Seller/Lessor defaults, Buyer/Lessee may seek specific performance, damages, or termination and return of deposits. All remedies are cumulative except where expressly limited herein.

Additional Default Provisions

Notices

All notices under this Agreement shall be in writing and delivered to the addresses below. Notice to Seller:

Notice to Buyer:

General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. Venue for disputes shall lie in the county where the Property is located.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the Property and supersedes all prior negotiations and agreements. Modifications must be in writing and signed by both parties.

Authority and Certification: Each party represents and warrants that it has full authority to enter into this Agreement, that the information provided is true and correct, and that signatures provided are the signatures of authorized representatives.

Signatures

Seller / Lessor:

By:

Date:

Buyer / Lessee:

By:

Date:

What the Sales and Leasing Agreement for Real Estate Is and When It Applies

A Sales and Leasing Agreement for Real Estate is a written contract that sets the terms for selling, leasing, or converting property rights between parties. It identifies buyer(s) and seller(s) or landlord(s) and tenant(s), describes the property, specifies price or rent, states payment and deposit terms, lists contingencies and closing or possession dates, and allocates responsibilities for taxes, insurance, repairs, and recording. Properly executed, it creates enforceable obligations and is the primary record used for closing, lease commencement, property management, and transfer of title or possession.

Why a Clear Agreement Matters for Risk, Timing, and Enforceability

A well-drafted Sales and Leasing Agreement reduces disputes by documenting essential terms, preserves statutory rights, and supports recording and enforcement. Electronic execution is generally valid under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but certain actions — like notarized acknowledgements or specific conveyance formalities — may trigger additional state requirements.

Who Commonly Prepares and Signs This Agreement

Several roles are regularly involved in preparing, reviewing, and signing sales and leasing agreements.

Real estate brokers and agents preparing contract terms and disclosures for clients.
Buyers, sellers, landlords, and tenants as primary parties to the transaction.
Attorneys and title professionals reviewing legal clauses and recording requirements.

Responsibilities vary by role: agents handle negotiations, attorneys handle legal risk, and title companies manage recording and clearing title defects.

Step-by-Step: Completing the Agreement from Draft to Execution

Follow these core steps to prepare and finalize a sales or lease agreement efficiently.

01

Draft Terms: Assemble parties, property, price, and critical dates.
02

Add Contingencies: Include inspections, financing, and title review conditions.
03

Review & Revise: Have counsel or title review for legal and recording issues.
04

Execute & Record: Sign per jurisdiction rules; record deed or lease if required.

How to Configure an Online Workflow for This Agreement

Set up a clear signing order, required fields, and authentication to align with legal and operational needs.

Field	Configuration
Signing Order	Sequential or parallel signer flow, depending on lender/title needs
Required Fields	Mark names, dates, deposit amounts, and initials as mandatory
Authentication	Choose email, SMS code, or stronger verification for high-value deals
Audit Trail	Enable full timestamps and IP recording for evidentiary support

Digital Signing and Submission Essentials for Real Estate Agreements

Use an eSignature platform that supports required authentication, audit trails, and integration with title or escrow workflows.

Authentication Options: Email, SMS, KBA, or advanced signer verification
Audit Trail: Automatic timestamps, IP logs, and action history
Integration: Connectors for title, CRM, and cloud storage

Ensure the chosen platform can produce a tamper-evident PDF and supports notarization workflows (including RON) if your jurisdiction or transaction requires it.

Where to File, Send, and Store the Completed Agreement

After execution, route documents to the appropriate parties and recorders to complete transfer or lease commencement.

Escrow or Title: Send executed documents to escrow or title for closing and recording
County Recorder: Record deeds or certain lease interests at the county recorder's office
Parties & Agents: Provide signed copies to buyer, seller, landlord, tenant, and brokers
Secure Storage: Archive final PDFs in encrypted cloud or document management systems

Key Dates and Typical Deadlines in Sales and Leasing Transactions

Common deadlines should be tracked from the agreement’s Effective Date and clearly labeled to avoid missed obligations.

Effective Date:

Date when the agreement’s obligations and timing begin (MM/DD/YYYY).

Due Diligence / Inspection:

Usually set as a number of days after Effective Date; buyer must complete inspections within this window.

Financing Contingency:

Deadline for loan approval or termination if financing condition not met.

Closing Date:

Date when funds transfer and title conveyance occur; recording often follows.

Possession / Rent Commencement:

Date tenant takes possession or landlord begins accepting rent.

Sequential Milestones from Offer to Recording

Use a numbered milestone list to keep parties aligned from contract to post-closing tasks.

01

Offer Acceptance

Contract becomes binding once signed by required parties and notice of acceptance is delivered.

02

Escrow & Deposits

Earnest money deposited with escrow per contract instructions and subject to release conditions.

03

Title Clearance

Title search and clearing of liens or encumbrances before closing.

04

Recordation

Deed and related documents presented to the recorder for filing to perfect ownership transfer.

Penalties and Legal Risks of an Incorrect or Incomplete Agreement

Contract Voidance: Material omissions can render provisions unenforceable.

Recording Defects: Improperly executed deeds may be rejected by recorder.

Liability for Misrepresentation: False disclosures can trigger damages and indemnity claims.

Tax Consequences: Incorrect sales reporting may affect capital gains and filings.

Escrow Disputes: Ambiguous release conditions can lead to litigation.

Ineffective Notices: Wrong service addresses can delay cure periods and defaults.

Common Preparation Mistakes to Avoid

Using an incomplete legal description or street-only address that prevents proper title identification and recording.
Leaving signature blocks unsigned or signed without capacity (entity title), which can invalidate transfers or require corrective affidavits.
Failing to specify deposit handling or contingency deadlines, leading to disputes over refundability or forfeiture.
Assuming electronic signatures are valid without confirming notarization or RON requirements in the recording jurisdiction.

Security and Compliance Elements to Include or Verify

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamps, IP, and action history retained

Authentication: Email, SMS, KBA, or advanced methods

HIPAA Ready: BAA available for protected health information

Access Controls: Role-based permissions and user provisioning

Certifications: SOC 2 Type II, ISO 27001 available

Core Sections Every Professional Sales and Leasing Agreement Should Contain

A complete agreement organizes terms into discrete sections so parties, title professionals, and courts can quickly determine rights and obligations.

Parties

Full legal names and entity types for buyer, seller, landlord, and tenant, including authorized signatory names and capacities to prove authority and avoid later challenges.

Property Description

Complete street address and legal description, including recording references when available, to ensure accurate identification and successful county recorder indexing.

Price and Consideration

Purchase price or rent schedule, payment method, deposit amounts, escrow instructions, and any seller credits or concessions specified with exact dollar values and timing.

Contingencies

Inspection, financing, title, and survey contingencies with explicit deadlines and procedures for termination, cure, or extension to control risk during the transaction period.

Closing, Possession, and Recording

Define closing date, location, who pays recording fees, proration of taxes, and the date possession or lease commencement occurs to coordinate logistics and obligations.

Signatures and Notarial Blocks

Signature lines for each party, printed names, titles for entities, and space for notarization or acknowledgement where required to satisfy recording and conveyancing formalities.

Download, Save, and Supporting Documents to Attach

Collect and store final executed documents and essential attachments to ensure a complete transaction record.

Download Formats

Save executed files as PDF/A and native DOCX where needed; PDFs provide a tamper-evident record compatible with title and escrow systems, and DOCX allows editable copies for internal use.

Supporting Documents

Attach exhibits: inspection reports, survey, title commitment, proof of insurance, and HOA documents so obligations and disclosures are part of the contract package.

Recording Copies

Prepare original executed deed for county recorder; keep certified copies for escrow and parties, and store a stamped recorded copy once returned.

Electronic Records

Ensure the platform produces a signed certificate of completion and tamper-evident PDF for long-term retention and admissibility.

eSignature Vendor Comparison for Executing Sales and Leasing Agreements

Comparison focuses on basic pricing, trial availability, bulk send, audit trail, and HIPAA compliance; signNow is shown 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 free trial, no credit card required	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Sales and Leasing Agreements

Answers to common concerns about e-signatures, notarization, corrections, and enforceability for real estate sales and lease documents.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, attribution, and the record is retained in a reproducible form.
When is notarization required?
Notarization is required for many deeds and certain acknowledgements to be recorded. State recorder or statute determines when an acknowledgement or notary is necessary; check local recording rules before executing.
Can a remote online notarization (RON) be used?
RON is permitted in many states with permanent RON laws, subject to identity proofing, audio-video recording, and record retention; verify your state’s RON rules before relying on remote notarization.
How do I correct mistakes after signing?
Minor errors often require a corrective amendment or re-execution; material changes typically need all parties’ signatures on an amendment or rescission and reformation, documented in writing.
Who must sign for an entity?
An authorized officer, manager, or agent should sign with a printed title and reference to board or resolution if required; title companies or counsel may request evidence of authority.
Are eSigned documents admissible in court?
Yes. Admissibility depends on demonstrating authenticity and integrity through an audit trail and platform security; maintain records showing intent, attribution, and preservation to support evidentiary weight.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now