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Unimproved Property Contract Form

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TREC No. 9-10 Unimproved Property Contract

Promulgated by the Texas Real Estate Commission (TREC)    12-05-2011

Notice: Not For Use For Condominium Transactions

1. PARTIES: The parties to this contract are (Seller) and (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below.

2. PROPERTY: Lot , Block , Addition, City of , County of , Texas, known as , or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto.

3. SALES PRICE:

A. Cash portion of Sales Price payable by Buyer at closing ................. $

B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) .......................................... $

C. Sales Price (Sum of A and B) ..................................................... $

4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows:

A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $

(1) Property Approval: if the Property does not satisfy the lenders' underwriting requirements, Buyer may terminate this contract...

(2) Credit Approval: (a) subject to Buyer being approved for financing in attached Third Party Financing Addendum for Credit Approval.

(b) not subject to Buyer being approved for financing and does not involve FHA or VA financing.

B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum.

C. SELLER FINANCING: A promissory note from Buyer to Seller of $ secured by vendor's and deed of trust liens...

5. EARNEST MONEY: Upon execution of contract by all parties, Buyer shall deposit $ as earnest money with , as escrow agent, at . Buyer shall deposit additional earnest money of $ with escrow agent within days after the effective date of this contract.

6. TITLE POLICY AND SURVEY:

A. TITLE POLICY: Seller shall furnish to Buyer at Seller’s Buyer’s expense an owner’s policy of title insurance issued by .

B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish commitment for title insurance...

C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer’s lender(s).

(1) Within days after the effective date, Seller shall furnish existing survey and T-47 Affidavit.

(2) Within days after the effective date, Buyer shall obtain a new survey at Buyer’s expense.

(3) Within days after the effective date, Seller shall furnish a new survey at Seller’s expense.

D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances... Buyer must object the earlier of the Closing Date or days after receipt...

E. TITLE NOTICES:

(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property is is not subject to mandatory membership in a property owners association(s).

If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used.

7. PROPERTY CONDITION:

A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer’s agents access to the Property at reasonable times.

B. ACCEPTANCE OF PROPERTY CONDITION: (1) Buyer accepts the Property in its present condition. (2) Buyer accepts the Property in its present condition provided Seller shall complete the following specific repairs and treatments:

C. COMPLETION OF REPAIRS: Seller shall complete all agreed repairs prior to the Closing Date.

D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, or other environmental hazards may affect Buyer’s intended use of the Property.

E. SELLER’S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of flooding, litigation, condemnation, environmental hazards, dumpsites, wetlands, or endangered species affecting the Property.

8. BROKERS' FEES: All obligations of the parties for payment of brokers’ fees are contained in separate written agreements.

9. CLOSING:

A. The closing of the sale will be on or before , or within 7 days after objections have been cured or waived, whichever date is later.

B. At closing: Seller shall execute and deliver a general warranty deed, Buyer shall pay the Sales Price, and both parties shall execute required documents.

10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding.

11. SPECIAL PROVISIONS:

12. SETTLEMENT AND OTHER EXPENSES:

A. Expenses payable by Seller: Releases of existing liens, tax statements or certificates, preparation of deed, escrow fee, and other expenses payable by Seller.

(b) Seller shall also pay an amount not to exceed $ to be applied to Buyer’s Expenses as allowed by the lender.

B. Expenses payable by Buyer: Appraisal fees, loan fees, recording fees, one-half of escrow fee, prepaid items, PMI/MIP, and other expenses payable by Buyer.

13. PRORATIONS AND ROLLBACK TAXES:

A. PRORATIONS: Taxes, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date.

B. ROLLBACK TAXES: Assessments for periods prior to closing will be the obligation of the appropriate party as stated in the contract.

14. CASUALTY LOSS: If any part of the Property is damaged or destroyed after the effective date of this contract, Seller shall restore the Property or Buyer may choose the remedy allowed.

15. DEFAULT: If Buyer or Seller fails to comply with this contract, the non-defaulting party may exercise the remedies provided.

16. MEDIATION: Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will will not be submitted to mediation.

17. ATTORNEY'S FEES: A prevailing party may recover reasonable attorney’s fees and costs.

18. ESCROW:

A. ESCROW: Escrow agent is not a party to this contract and has no liability except as stated.

B. EXPENSES: At closing, earnest money must be applied first to cash down payment, then to Buyer’s Expenses, and any excess refunded.

C. DEMAND: Upon termination, either party may send a release of earnest money to the escrow agent.

D. DAMAGES: Wrongful failure to sign a release may result in liquidated damages.

E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21.

19. REPRESENTATIONS: All covenants, representations and warranties survive closing.

20. FEDERAL TAX REQUIREMENTS: If Seller is a foreign person, Buyer shall withhold required tax amounts and deliver them to the IRS.

21. NOTICES: All notices must be in writing and are effective when mailed, hand-delivered, or transmitted electronically.

To Buyer at:

Telephone: ( )

Facsimile: ( )

E-mail:

To Seller at:

Telephone: ( )

Facsimile: ( )

E-mail:

22. AGREEMENT OF PARTIES: Addenda which are a part of this contract are (check all applicable boxes):

Third Party Financing Addendum for Credit Approval

Seller Financing Addendum

Addendum for Property Subject to Mandatory Membership in a Property Owners Association

Buyer’s Temporary Residential Lease

Seller’s Temporary Residential Lease

Addendum for Reservation of Oil, Gas and Other Minerals

Addendum for "Back-Up" Contract

Addendum for Coastal Area Property

Environmental Assessment, Threatened or Endangered Species and Wetlands Addendum

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

Addendum for Sale of Other Property by Buyer

Other (list):

EXECUTED the day of , 20 (EFFECTIVE DATE).

23. TERMINATION OPTION: Buyer agrees to pay Seller $ within 2 days after effective date. Seller grants Buyer the unrestricted right to terminate this contract within days. The Option Fee will will not be credited to the Sales Price at closing.

24. CONSULT AN ATTORNEY: READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing.

Buyer’s Attorney is:

Telephone: ( )

Facsimile: ( )

E-mail:

Seller’s Attorney is:

Telephone: ( )

Facsimile: ( )

E-mail:

CONTRACT AND EARNEST MONEY RECEIPT

Receipt of Contract and $ Earnest Money in the form of is acknowledged.

Escrow Agent:

By:

Address

City State Zip

Date:

Email Address

Telephone ( )

Facsimile: ( )

BROKER INFORMATION

Other Broker Firm License No.

represents Buyer only as Buyer’s agent

Seller as Listing Broker’s subagent

Licensed Supervisor of Associate Telephone

Associate Telephone

Other Broker’s Address Facsimile

City State Zip

Associate Email Address

Listing Broker Firm License No.

represents Seller and Buyer as intermediary

Seller only as Seller’s agent

Licensed Supervisor of Listing Associate Telephone

Listing Associate Telephone

Listing Broker’s Office Address Facsimile

City State Zip

Listing Associate’s Email Address

Selling Associate Telephone

Selling Associate’s Office Address Facsimile

City State Zip

Selling Associate’s Email Address

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Broker’s fee is received.

Signed and agreed to by Buyer and Seller

Buyer

Seller

Enter text✕

What the Unimproved Property Contract Form Is

An Unimproved Property Contract Form documents the sale or transfer of land without buildings or significant improvements. It sets the parties, legal description, purchase price, earnest money, closing date, and any contingencies such as title, survey, zoning, or environmental review. The form allocates risk, states who pays closing and recording costs, and may specify escrow or trustee arrangements. When executed properly it creates binding obligations between buyer and seller under applicable state law and federal e-signature statutes such as ESIGN and statewide UETA/ESRA frameworks.

Why a Formal Contract Matters for Vacant Land Deals

A clear unimproved property contract reduces disputes by documenting price, boundaries, contingencies, and closing mechanics. It guides title work, escrow instructions, and recording, and helps ensure lender or investor requirements are met.

Why a Formal Contract Matters for Vacant Land Deals

Who Typically Prepares and Signs This Form

Parties should involve title and legal counsel for complex issues such as easements, mineral rights, or nonstandard zoning conditions.

  • Real estate brokers and agents — Prepare terms, manage negotiations, and coordinate disclosures and escrow.
  • Buyers and investors — Confirm legal description, financing contingencies, and due diligence timelines.
  • Title and escrow officers — Order title reports, manage prorations, and handle recording and closing tasks.

Core Elements to Include in the Contract

A professional unimproved property contract combines precise property ID, financial terms, timelines, contingencies, and allocation of closing responsibilities.

Property Description

Provide the full legal description, lot and tract references, and parcel (APN) or survey identifiers to avoid ambiguity at recording and title search.

Purchase Terms

Specify the purchase price, payment method, earnest money amount and deposit timing, and conditions for forfeiture or refund of deposits.

Closing & Escrow

Name escrow or closing agent, state the target closing date, and list who pays recording, transfer taxes, and real estate commissions.

Contingencies

Include title approval, survey review, environmental inspection, zoning confirmation, financing contingency, and timelines for removal.

Representations

Seller statements about authority, absence of undisclosed liens, and accuracy of facts; buyer representations about ability to close.

Default Remedies

Describe remedies for breach, liquidated damages, specific performance, and dispute resolution procedure such as mediation or jurisdiction.

Step-by-Step: Completing and Executing the Form

Follow a consistent sequence to reduce errors and ensure enforceability across stakeholders and title providers.

  • 01
    Prepare the draft: Assemble legal description, price, parties, and contingency language.
  • 02
    Review title: Order a preliminary title report and resolve any exceptions before finalizing.
  • 03
    Finalize terms: Agree on closing costs, prorations, and contingency removal deadlines.
  • 04
    Execute and deliver: Have authorized signers sign, notarize if required, and deliver to escrow or title.

Common Online Workflow Settings for This Contract

Configure your electronic workflow to capture required data, authenticate signers, and retain audit trails for closing.

Field Configuration
Document Type Contract / Land Sale document
Signer Authentication Email link or SMS code; use stronger ID for high-risk transfers
Routing Order Seller → Buyer → Title/Escrow → Closing agent
Attachments Attach survey, title commitment, and inspection reports

Typical Electronic Submission Flow

An efficient eSubmission follows upload, field placement, signer routing, authentication, signing, and archival steps.

  • Upload Document: Add final contract PDF or DOCX to the signing platform.
  • Place Fields: Add signature, initials, date, and attachment fields where required.
  • Send to Signers: Route in the agreed order and include access instructions.
  • Archive Executed: Save signed copy and audit trail for title and compliance.

Technology and Integration Considerations

Ensure the platform provides tamper-evident signed PDFs, signer attribution, and retention controls compatible with your compliance obligations and title company requirements.

  • File Formats: PDF and DOCX supported
  • Integrations: Works with title systems and cloud storage
  • Security: TLS + AES encryption in storage

Typical Timelines and Deadlines to Include

Specify all critical dates in the contract: inspection deadlines, contingency removal, closing, recording, and escrow deadlines.

Inspection Period Deadline:

Commonly 10–15 days from contract signing; varies by agreement and negotiation.

Financing Contingency Date:

Set a clear date by which buyer must secure financing or cancel.

Closing Date:

Typical closing window is 30–60 days unless a different timeframe is negotiated.

Recording Deadline:

Escrow should record deed promptly after closing to perfect title and priority.

Deposit Release Terms:

State the timing and conditions under which earnest money is released or refunded.

Key Milestones from Offer to Recorded Deed

Track milestone events to ensure timely removals of contingencies and completion of closing tasks.

01

Offer Accepted

Contract executed and earnest money deposited with escrow or title company.

02

Due Diligence

Buyer completes inspections, surveys, and title review within agreed periods.

03

Contingency Removal

Buyer removes contingencies or cancels; funds become nonrefundable if contingencies waived.

04

Close and Record

Parties sign final documents, funds transfer, and deed is recorded with county.

Common Risks and Contract Failures to Watch

Title Defects: Unaddressed exceptions can cloud ownership and hinder financing.
Failure to Disclose: Undisclosed easements or hazards may lead to rescission or damages.
Missed Deadlines: Late contingency removal or closing can trigger breaches and forfeiture.
Wrong Legal Description: Errors can invalidate conveyance or require corrective instruments.
Insufficient Consideration: Vague or missing price terms may create enforceability disputes.
Missing Signatures: Unsigned or improperly authorized signatures can void the agreement.

Frequent Preparation Mistakes to Avoid

  • Using a parcel nickname or address instead of the recorded legal description leads to recording rejections and title ambiguity.
  • Failing to attach a survey or relying on an outdated survey can expose buyers to boundary or encroachment disputes.
  • Leaving contingency timelines unspecified or open-ended creates negotiation friction and can invalidate earnest money provisions.
  • Not confirming signatory authority for entities (corporate resolutions or LLC operating agreements) delays closings and increases risk.

Typical eSignature Vendor Comparison for Document Execution

When selecting an eSignature solution for unimproved property contracts, compare price, bulk send, audit trail, HIPAA support, and envelope or invite limits.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About the Form

[INTRO] Answers to common legal, execution, and post-closing questions that arise when using an Unimproved Property Contract Form.


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