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Whole House Purchase Agreement

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WHOLE HOUSE PURCHASE AGREEMENT

This Whole House Purchase Agreement (the Agreement) is entered into on , by and between the parties identified below.

Parties

Property Identification

Purchase Price and Payment

Purchase Price: $ payable as follows: earnest money deposit, financing and balance at closing as set forth below.

Earnest Money to be deposited with Escrow or Closing Agent: within business days after mutual execution.

Financing and Contingencies

This Agreement is conditioned upon Buyer obtaining mortgage financing as specified: loan approval within days from the Effective Date. If Buyer fails to obtain loan approval within the period, Buyer may terminate and have earnest money returned in accordance with the escrow instructions.

Buyer shall have the right to inspect the property within the inspection period. Seller shall provide reasonable access. If Buyer rejects based on inspection results, Buyer must deliver written notice within the inspection period specifying defects and requested remedies. Seller may cure or make reasonable concessions; unresolved disputes proceed under Default and Remedies below.

Closing and Possession

Closing of the sale shall occur on or before , unless otherwise agreed in writing.

Possession of the property shall be delivered to Buyer on , subject to payment in full at closing and delivery of deed.

Title, Conveyance and Closing Costs

Seller shall convey marketable title by General Warranty Deed Quitclaim Deed

Closing costs, escrow and title expenses shall be apportioned as follows:

Title insurance and any required endorsements will be provided at closing as selected by Buyer at Buyer's expense unless otherwise agreed in writing.

Fixtures, Personal Property and Exclusions

Disclosures

Lead-based paint disclosure (if applicable): Property built in year . Lead disclosure provided: Yes No

Mold, moisture, water intrusion or flooding: Known prior conditions: Yes No

Structural damage or repairs previously performed: Yes No

Hazardous materials (asbestos, underground storage tanks, lead, etc.) known to Seller: Yes No

Condition of Property; Seller Representations

Seller represents that, to Seller's knowledge, the property is free of undisclosed liens and that all known material defects have been disclosed in writing. Seller shall maintain the property in substantially the same condition through closing, normal wear and tear excepted.

Buyer acknowledges Buyer has had the opportunity to inspect and accepts the property subject to the contingencies and remedies provided in this Agreement.

Default and Remedies

Time is of the essence for all dates in this Agreement. If Buyer defaults, Seller may retain earnest money as liquidated damages, pursue specific performance or other remedies available at law or equity. If Seller defaults, Buyer may elect to receive return of earnest money and/or pursue specific performance or damages. The parties agree these remedies are cumulative and not exclusive.

The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

Risk of Loss; Insurance

Risk of loss or damage to the property remains with Seller until closing. If substantial casualty occurs prior to closing, Buyer and Seller shall negotiate an equitable adjustment to the Purchase Price, or Buyer may terminate if the parties cannot agree.

Notices

Notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to other addresses as the parties may later designate in writing.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state of . This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings. Any amendments must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. Headings are for convenience only and shall not affect interpretation.

Brokers or agents, if any, shall be identified and compensated as set forth in separate agreements between the broker(s) and the parties; parties warrant they have disclosed all brokers claiming a commission related to this transaction.

Acknowledgment

Each party signing below certifies that the party has the authority to enter this Agreement, that the information provided is true and correct to the best of the party's knowledge, and that the party has read and understands all terms contained herein.

Buyer:

By:

Date:

Seller:

By:

Date:

Enter text✕

What a Whole House Purchase Agreement Covers

A Whole House Purchase Agreement is a binding real estate contract that records the terms under which a buyer agrees to purchase and a seller agrees to convey an entire residential property. It typically identifies the parties, the legal property description, the purchase price, earnest money deposit, financing and inspection contingencies, closing date, possession terms, title and closing cost allocations, and remedies for breach. The agreement serves as the road map for closing and supports title transfer, lender review, escrow handling, and recording of the deed with the county.

Why a Clear, Complete Agreement Matters

A well-drafted Whole House Purchase Agreement creates predictable obligations, protects deposit funds, assigns closing responsibilities, and reduces the risk of last-minute disputes. It provides the contractual basis for lender underwriting, title insurance, and county recording, and it helps both sides meet statutory and contractual deadlines.

Why a Clear, Complete Agreement Matters

Who typically prepares and signs this agreement

Coordination among these parties ensures funds, title, and documents align before deed recording and possession transfer.

  • Buyers and buyers' agents — negotiate terms, provide financing information, and deliver signatures.
  • Sellers and listing agents — disclose property condition, accept offers, and coordinate closing.
  • Title companies and escrow agents — perform title search, hold earnest money, and prepare closing documents.

Core sections to include in a professional agreement

Ensure each agreement contains standard clauses so it is enforceable, clear to lenders, and record-ready.

Property Description

Full legal description and street address, including parcel number when available, to uniquely identify the real estate.

Purchase Price

Total price, allocation of personal property if included, and method for payment at closing (cash, loan).

Earnest Money

Amount deposited, escrow holder, release conditions, and consequences of forfeiture or refund.

Contingencies

Financing, appraisal, inspection, and title contingencies with clear deadlines and cure periods.

Closing & Possession

Agreed closing date, location, prorations, possession timing, and any rent-back arrangements.

Title & Costs

Title insurance, required seller covenants, deed type, recording fees, and allocation of closing costs.

Essential data elements to protect

Buyer SSN: Sensitive ID number
Bank Account: Escrow wiring details
Property Address: Exact street and parcel
Legal Description: Metes and bounds or plat
Signatures: Signed names and dates
Notary Details: Acknowledgement and seal

Step-by-step: completing the agreement

Follow these sequential steps to prepare a market-ready Whole House Purchase Agreement.

  • 01
    Review Title: Confirm recorded owner and any encumbrances before drafting.
  • 02
    Enter Parties: Add buyer and seller legal names and contact details.
  • 03
    Specify Terms: Input price, deposits, contingencies, and closing logistics.
  • 04
    Sign and Deliver: Obtain signatures, notarization if required, and distribute executed copies.

Configuring a digital workflow for this agreement

Set up electronic routing so each party receives, signs, and returns the document in the correct order.

Field Configuration
Authentication Email link, SMS code, or stronger KBA as required
Signing Order Sequential or parallel signer routing
Document Format Use PDF/A or DOCX for fillable fields
Retention Policy Set long-term storage and export options

Typical destinations and recipients after execution

After signatures, route copies to the parties and entities that must act before closing or recording.

  • Title Company: Receives contract for title search and escrow setup
  • Lender: Uses contract for loan underwriting and appraisal
  • Escrow Agent: Holds earnest money and coordinates disbursements
  • County Recorder: Receives deed for official recording after closing

Digital signing and platform considerations

Ensure the chosen platform can produce a tamper-evident audit trail, export signed PDFs for lenders and recorders, and meet any applicable compliance needs such as HIPAA or 21 CFR when those industries intersect with the transaction.

  • File formats: PDF, DOCX supported for editable and final copies
  • Integrations: Works with CRM, title, and cloud storage platforms
  • Authentication: Email, SMS, KBA, or advanced signer verification

Common timeframes to track in the agreement

Explicit dates and deadlines reduce dispute risk. Insert calendar dates in MM/DD/YYYY format and cross-check with lender timetables.

Due Diligence Period:

Typical 7–21 days for inspections, negotiated between parties

Inspection Deadline:

Date by which buyer must deliver inspection objections

Financing Contingency:

Deadline for loan approval or buyer can terminate

Closing Date:

Agreed date for funds, deed, and possession

Recording Deadline:

County recording typically within days after closing

Frequent mistakes that delay closing

  • Ambiguous legal description or omitted parcel number causes recording rejections and title disputes.
  • Using informal or abbreviated party names that differ from ID or title records delays lender processing.
  • Failing to set clear contingency deadlines or cure periods creates disputes about entitlement to earnest money.
  • Incorrect escrow instructions or wiring details lead to fraud risk and potential loss of funds.

Key risks and potential consequences

Contract Breach: Damages or specific performance
Loss of Deposit: Forfeiture if buyer defaults
Title Defects: Clouded title delays recording
Recording Errors: Voidable transfers or re-recording costs
Fraud Risk: Erroneous wire instructions cause loss
Tax Liability: Unreported gains or prorations

Common eSignature vendor comparison for executing real estate agreements

Basic pricing and feature availability for popular eSignature providers; signNow appears first for parity in comparison.

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 Yes, 7-day 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
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about execution and enforceability

Answers to common practical and legal questions about signing, notarization, and post-closing steps for a Whole House Purchase Agreement.


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