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Sample Agreement to Purchase Real Estate

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Agreement for the Sale and Purchase of Residential Real Estate

The undersigned Sellers agree to sell and the undersigned Buyers agree to buy the herein described property on the terms and conditions stipulated in the following schedule.

1. Property Description:

2. PRICE: The purchase price of the property is $

Payable as follows:

A. Cash down payment $

B. Buyers shall qualify for a mortgage loan in the amount of $

This contract is contingent on Buyers obtaining a first mortgage loan at no greater than )% by the closing date .

3. Seller agrees to pay up to, but no more than ($ ) in total closing costs. (Alternative: Said closing costs shall be allocated as follows:)

Discount Points: ; Origination Fee: ; Title

Insurance: ; PMI: ; Attorney's Fee:

Survey: ; Appraisal ; Termite Certificate

;

Other Closing Costs:

4. DEPOSIT: Buyers have deposited with Sellers the sum of ($ ) cash as earnest money. The same is to be applied to the cash down payment on closing of this transaction. Should Buyers require approval for a specified loan for any part of the purchase price, and after applying therefore in good faith, be unable to secure such loan, then the earnest money shall be returned in full to Buyers. However, if within days Buyers refuse to diligently pursue loan approval, or fail or

refuse within () days after the issuance of a loan commitment, to execute all documents necessary for said loan, Buyers shall be considered in default under the terms of this contract and Sellers shall have such recourse as is delineated in paragraph 11 herein. This contract shall expire on at pm/am. If Buyer has not performed under the contract by said date, Sellers shall be entitled to the earnest money without reduction. Provided however, if the title to the property is defective, then the earnest will be returned to the Buyers.

5. CLOSING DATE: Within () days after Mortgage Loan approval;

POSSESSION DATE: or same as closing date.

6. SPECIAL LIENS: Special Liens against the property shall be paid by Sellers, if any, at closing.

7. CONVEY TITLE TO: and

8. PRORATION: Property taxes are to be prorated as of the closing date.

9. SPECIAL PROVISIONS:

10. TITLE AND CONVEYANCE: Sellers are to convey title by general warranty deed and provide Buyers with a Certificate of Title prepared by an attorney upon whose certificate of title insurance may be obtained from a title insurance company qualified to do and doing business in the State of . Sellers shall, prior to or at closing, satisfy all outstanding mortgages, deeds of trust and special liens affecting the subject property which are not specifically assumed by Buyers herein. Title shall be good and marketable, subject only to the following items: (e.g., easements, applicable zoning ordinances, protective covenants and prior mineral reservations);

otherwise Buyers, at their option, may: (a) if defects cannot be cured by designated closing date, cancel this contract, in which case all earnest money deposited shall be returned; (b) accept title as is; or (c) if the defects are of such character that they can be remedied by legal action within a reasonable time, permit Sellers such reasonable time to perform the curative work at Sellers' expense. In the event that the curative work is performed by Sellers, the time specified herein for closing of this sale shall be extended for a reasonable period necessary for such action. Sellers represent that the property is zoned residential and that no government agency has served any notice requiring repairs, alterations or corrections of an existing condition except as stated herein.

11. BREACH OF CONTRACT:

(a) In the event of breach of this contract by Buyers, Sellers shall accept the earnest money deposit as liquidated damages and this contract shall then be null and void.

(b) In the event of breach of contract by Sellers, Buyers at their option may either: (1) accept the return of the earnest money deposit and cancel the contract, or (2) enter suit for damages in any court of competent jurisdiction, or (3) enter suit in any court of competent jurisdiction for specific performance.

(c) If it becomes necessary to the performance of the conditions of this contract for either party to initiate litigation, then the losing party agrees to pay reasonable attorney's fees and court costs in connection therewith.

12. SURVIVAL OF CONTRACT: All express representations, warranties and covenants contained herein shall survive closing.

13. CONDITION OF PROPERTY AND ACCEPTANCE: Buyers hereby represent that they have personally inspected and examined the above- mentioned premises and all improvements thereon and accept the property in its "as is" and present condition. Buyers hereby acknowledge that unless otherwise set forth in writing elsewhere in this contract neither Sellers nor their representatives have made any representations concerning the present or past condition of the property.

14. SELLERS' STATEMENT: Sellers hereby represent that they are not aware of any flooding, or drainage problems with the subject property, or the presence of radon gas, or any form of hazardous material. Sellers further represent that they are not aware of any visible or hidden defects.

15. MECHANICAL EQUIPMENT AND BUILT-IN APPLIANCES INCLUDED IN SALE:

16. DAMAGE BY FIRE, ETC.: This contract is further conditioned upon delivery of the improvements in their present condition and in the event of damage by fire or otherwise, before closing, Buyers may declare this contract void and shall be entitled to the return of their earnest money, or Buyers may elect to complete the transaction in accordance with this contract provided the property is restored by Sellers at Sellers' expense prior to closing.

17. AGREEMENT OF PARTIES: This contract incorporates all prior agreements between the parties, contains the entire and final agreement of the parties, and cannot be changed except by their written consent. Neither party has relied upon any statement or represen- tation made by the other party not contained herein. Neither party shall be bound by any terms, conditions, oral statement, warranties, or representations not herein contained. Each party acknowledges that he/she has read and understands this contract. The provi- sions of this contract shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. The parties agree that, if any part of this contract is declared void or declared unenforceable for any reason, said part shall be considered severed without affecting the validity of the balance of the contract. This contract shall be governed by the laws of the State of

WITNESS OUR SIGNATURES this day of

Buyer

SS# Phone

Buyer:

SS# Phone

Seller

SS# Phone

Seller

SS# Phone

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What the Sample Agreement to Purchase Real Estate Is

The Sample Agreement to Purchase Real Estate is a standardized contract that documents the terms for buying residential or commercial property in the United States. It sets out buyer and seller identities, purchase price, deposit and financing contingencies, inspection and title review periods, closing date, prorations, and any seller disclosures or included fixtures. The template allocates risk, conditions for default, and remedies, and can be adapted to state-specific requirements such as notarization or witness rules. Parties use this sample to speed negotiations and ensure key provisions are consistently recorded.

Why this Sample Agreement to Purchase Real Estate Matters

Provides a baseline legal framework to reduce negotiation time, document critical terms consistently, and help buyers and sellers identify contingencies and compliance points. A well-crafted sample reduces drafting errors, supports lender and title review, and clarifies closing obligations across jurisdictions.

Why this Sample Agreement to Purchase Real Estate Matters

Who Commonly Uses the Sample Agreement to Purchase Real Estate

Real estate attorneys, brokers, buyer agents, sellers, and title officers commonly use this sample to standardize contract terms and expedite negotiations.

  • Real estate agents: prepare offers, track contingencies, and communicate timelines with clients.
  • Buyers and sellers: confirm price, financing, inspections, and closing date protections in writing.
  • Title companies and lenders: verify deed language, escrow instructions, and required disclosures.

Use the template as a starting point and adapt it to state law, lender requirements, and transaction specifics.

Step-by-step: Completing the Sample Agreement to Purchase Real Estate

[INTRO] Follow these sequential steps to complete and exchange the Sample Agreement to Purchase Real Estate with clarity and compliance.

  • 01
    Identify parties: Enter buyer and seller legal names and contact details.
  • 02
    Describe property: Include full legal description and address.
  • 03
    Set terms: Specify purchase price, deposit, and financing contingencies.
  • 04
    Schedule closing: Choose closing date, prorations, and possession timing.

How the Agreement Typically Moves from Draft to Closing

[INTRO] Typical flow shows preparation, negotiation, signing, and submission for closing and title processing across responsible parties.

  • Prepare: Upload template and populate all required fields.
  • Negotiate: Exchange edits, track counteroffers and agreed changes.
  • Sign: Obtain signatures, initials, and dates from all parties.
  • Submit to title: Deliver executed contract to title/escrow for closing.

Key Components to Include in the Sample Agreement to Purchase Real Estate

Key provisions in the Sample Agreement to Purchase Real Estate define obligations, contingencies, remedies, closing mechanics, title matters, and allocations of costs between parties.

Parties

Identifies buyer and seller, including entity type and authorized signatories; provides addresses, contact points, and role definitions to support notices, escrow instructions, and legal service.

Purchase Terms

Specifies purchase price, deposit schedule, escrow holder, settlement adjustments, and any seller credits or prorations; includes precise numeric amounts and payment timelines to avoid ambiguity.

Contingencies

Sets inspection, financing, appraisal, and due diligence deadlines; explains cure periods and inspection items that permit contract termination or renegotiation.

Title & Survey

Requires seller to deliver marketable title, details title defects, mechanisms for curing liens, and whether buyer may obtain and rely on a new survey.

Closing & Possession

Describes closing location, date, funding mechanics, prorations for taxes and utilities, and when possession transfers to buyer including keys and occupancy conditions.

Default & Remedies

Outlines events of default, liquidated damages, earnest money disposition, specific performance rights, attorney fee recovery, and step-by-step procedures for notice, cure, and dispute resolution.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3; AES-256 at rest.
Audit Trail: Comprehensive timestamp and IP audit.
HIPAA: BAA available for PHI workflows.
ESIGN / UETA: Compliant with ESIGN and UETA.
Notary Support: Remote Online Notarization compatible.
Access Controls: Role-based access and SSO options.

Common Risks and Potential Penalties

Recording errors: Invalid deed recording risk.
Missing signatures: Contract unenforceable in disputes.
Incorrect names: Title transfer complications.
Financing failure: Buyer breach, deposit forfeiture.
Title defects: Surveys reveal encumbrances.
Late filings: Delays in closing; additional costs.

Common Preparation Mistakes to Avoid

  • Failing to include complete legal descriptions leads to title search delays, additional survey costs, and potential recording rejections that can postpone closing by weeks.
  • Using ambiguous contingency timelines or failing to update dates after renegotiation creates uncertainty and may allow the non-breaching party to claim default.
  • Not verifying signatory authority for entities or trusts can result in voidable deeds and require corrective affidavits or litigation to resolve title issues.
  • Omitting required state disclosures or consumer notices can trigger rescission rights, statutory penalties, or insurer refusal at closing.

Key Deadlines to Include and Monitor

Track deadlines carefully; clear dates reduce disputes and preserve rights under contingencies and lender conditions.

Inspection Period:

Typically 10–14 days to complete inspections and provide notice of objections.

Financing Approval:

Commonly 21–30 days for loan commitment; check lender timelines.

Title Objection Deadline:

Often 5–10 days after title delivery to raise objections.

Closing Date:

Specify exact date; party obligations, funding, and proration calculations hinge on it.

Document Delivery:

Require delivery of closing documents and funds in advance per escrow instructions.

Execution and Notarization: Step-by-Step Authentication Flow

[INTRO] Typical authentication steps for executing and notarizing the purchase agreement, including witness and RON checkpoints.

01

Draft and Review

Parties and counsel review language and attachments.

02

Sign Buyer First

Buyer executes initial signature as agreed.

03

Sign Seller

Seller signs after buyer or simultaneous signing.

04

Witness Execution

Add witnesses where the state requires them for deed validity.

05

Notary Acknowledgement

Notary completes acknowledgement or jurat as required.

06

RON Session (if used)

Use identity proofing and keep audio-video record where allowed.

07

Deliver to Title

Escrow/title receives fully executed agreement for closing.

08

Record Deed

After closing, deed is recorded at county recorder's office.

Recommended Digital Workflow Settings for the Sample Agreement

Configure a digital workflow to automate field placement, signer routing, and authentication for the Sample Agreement to Purchase Real Estate.

Field Configuration
Document format Use PDF or DOCX; preserve formatting.
Signer order Set sequential or parallel routing per negotiation.
Authentication Enable email, SMS code, or stronger KBA/SSO.
Conditional fields Display financing clauses only when applicable.

Platform Capabilities to Support the Purchase Agreement Workflow

Ensure your signing platform supports PDF/DOCX, RON or in-person notarization, and detailed audit trails.

  • Formats: PDF, DOCX support
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, KBA, SSO

How a Purchase Agreement Differs from Similar Instruments

Compare common document variants to choose the right instrument for timing, title transfer, and financing roles.

Criteria Purchase Agreement Contract for Deed Option to Purchase
Transfer timing at closing after final payment upon option exercise
Title conveyance immediate seller retains title title on exercise
Typical use standard sale seller-financed sale right to buy later
Financing role third-party lender internal seller financing buyer arranges financing

eSignature vendor comparison for executing the Sample Agreement to Purchase Real Estate

Pricing and feature availability vary by vendor; signNow is listed first for comparison and the table focuses on starter price and core capabilities.

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 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

Who Signs and Manages the Agreement

Broker / Agent

Real estate brokers and listing agents draft and present purchase agreements, explain contingencies to clients, and coordinate with lenders and title companies. They ensure dates, deposit instructions, and disclosure attachments are accurate to prevent transaction delays and liability exposure.

Title Officer

Title officers and escrow agents review the executed agreement for proper signatures, confirm the legal description, order title searches, coordinate recording, and ensure funds and prorations are handled per contract and state recording requirements.

Practical Examples: How the Sample Agreement Is Used

Representative scenarios illustrate how standardizing the purchase agreement reduces friction and supports remote execution.

Martin Properties

Martin Properties used an online purchase agreement template to process and execute transactions remotely across multiple properties.

  • Closed transactions without in-person meetings.
  • The firm reported efficient, compliant execution and faster turnaround, particularly when buyers signed on mobile or offline before coordinating closing with title and lender.

Optica Ventures

Optica Ventures standardized offer documents across agents to reduce errors and accelerate acceptance.

  • Simplified customer experience and internal workflows.
  • Consistent templates lowered negotiation friction, made audits easier, and helped their team and clients complete purchase agreements with fewer follow-ups and clearer contingencies.

Best Practices for Accurate and Efficient Completion

Adopt these practices to reduce rework, preserve rights, and streamline closing for purchase agreements.

Verify legal names and authority
Confirm the exact legal names of individuals and entities and obtain evidence of signatory authority for corporations, LLCs, or trusts; mismatched names or missing authority commonly delay closings and require corrective instruments.
Use precise dates and timelines
Enter inspection, financing, and closing dates in MM/DD/YYYY format and document any negotiated changes in a written amendment signed by all parties to avoid ambiguity and preserve contractual deadlines.
Attach required disclosures and exhibits
Include all state-required seller disclosures, HOA documents, surveys, and inspection reports as exhibits to the agreement so parties and title agents can review and resolve issues before closing.
Coordinate with title and lender early
Provide draft agreement and required attachments to title and lender promptly so title cures, payoff quotes, and lender conditions can be prepared well before the scheduled closing date.

FAQs: Common Questions About the Sample Agreement to Purchase Real Estate

Answers to frequent questions on completing, signing, and filing a Sample Agreement to Purchase Real Estate.


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