- Real Estate Forms
- Real Estate Purchase Agreement Template
What Is a Real Estate Purchase Agreement?
A Real Estate Purchase Agreement - commonly confused with a Real Estate Bill of Sale - is a legally binding contract between the seller of a home and the buyer of a home that lists the agreed-upon terms of the sale.
Alternate Name:
- Real Estate Sales Contract.
These agreements must be outlined in writing and signed by both parties before being notarized. The agreement protects the interests of both the buyer and the seller and helps facilitate an easy closing of the deal.
A Land Contract is a related type of agreement used when the seller grants the buyer with a real estate loan with the deed transferred only after the debt is paid in full.
Real Estate Purchase Agreement Templates by State
Each state has its own specific laws regarding the clauses necessary in a real estate purchase agreement. Although the law may vary significantly from one state to the next, every real estate contract must meet three basic requirements in order to be valid:
- There must be an exchange of money (or any other thing of value) for the property.
- The agreement must describe an offer and an acceptance of that offer.
- A legally-binding home purchase agreement must be done in writing.
If you are ready to draft your own house purchase agreement, look to our library of state-by-state templates and locally-issued forms or make a Real Estate Purchase Agreement from scratch with our form builder.
Is a Real Estate Purchase Agreement Binding?
The parties identified in a contract for the purchase and sale of a home are subject to conditions called contingencies - or contingency clauses. These clauses describe certain conditions that can allow the buyer to change the agreed-upon details or back out of the sale without any legal consequences.
There are three main types of contingency clauses:
- The subject-to-financing clause, which allows the buyer to back out of the sale if they cannot secure the loan, the desired mortgage terms or interest rates.
- The subject-to-inspection clause, which allows the buyer to change their offering price if the results of a professional inspection of the home prove the property to be worse for wear than originally described by the seller.
- The sale-of-home clause, which allows the buyer to back out of buying a new home if they are unable to sell their current home for its asking price.
If the buyer decides to back out of the sale with all contingency clauses satisfied, they will - at the very least - lose their deposit money. The buyer will also then be liable for any monetary damages the seller may suffer, including attorneys' fees and the difference in price if the seller is forced to sell the property at a lower cost.
What Does a Real Estate Purchase Agreement Look Like?
Besides some state-specific clauses, any simple Real Estate Purchase Agreement should include the following information:
- The names and signatures of both parties.
- A description of the property and included fixtures being sold.
- The rights and obligations of the parties.
- The deposit amount, insurance, and the asking price for the property.
- The financing and actions regarding the seller’s existing mortgage.
- The prospective date of closing.
- The terms of possession.
- Conflict resolution.
- An option to terminate (contingencies) - as described above.
- A lead-based paint disclosure. This clause is mandatory for all homes built before 1978 and is meant to protect the buyer from lead hazards within the home.
An agreement with the aforementioned clauses can be used for the purchase or sale of any residential property, as long as the house is ready for sale before the closing date specified in the contract. Consider consulting an agent or an experienced real estate attorney if you decide to handle the sale on your own.
What to Look for in a Real Estate Purchase Agreement?
A Real Estate Purchase Contract must meet the following basic requirements:
- The U.S. Statute of Frauds requires a real estate sales contract to be done in writing, otherwise, it will be considered non-enforceable and non-binding. A real estate rental agreement, on the other hand, may be verbal and enforceable as per the law in several U.S. states;
- The contract must be physically signed by both parties - the buyer and the seller;
- The contract must feature the full legal names of both the buyer and the seller;
- The contract must explicitly state the agreed-upon purchase price.
Documents
"Louisiana Residential Agreement to Buy or Sell" - Louisiana
This is a formal document signed by the seller and purchaser of the real estate situated in Louisiana.
"Residential Contract of Sale" - New York City
This document serves as a contract between individuals in the state of New York who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Alabama
This legally binding contract is used in the state of Alabama to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Alaska
This document serves as a contract between individuals in the state of Alaska who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Arizona
This is a formal document signed by the seller and purchaser of the real estate situated in Arizona.
"Real Estate Purchase Agreement Template" - Arkansas
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of Arkansas.
"Real Estate Purchase Agreement Template" - California
A California Real Estate Purchase Agreement is a formal document prepared and signed by California residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Colorado
This legally binding contract is used in the state of Colorado to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Connecticut
This document serves as a contract between individuals in the state of Connecticut who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Delaware
This is a formal document signed by the seller and purchaser of the real estate situated in Delaware.
"Real Estate Purchase Agreement Template" - Florida
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of Florida.
"Real Estate Purchase Agreement Template" - Georgia (United States)
A Georgia Real Estate Purchase Agreement is a formal document prepared and signed by Georgia residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Hawaii
This legally binding contract is used in the state of Hawaii to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Idaho
This document serves as a contract between individuals in the state of Idaho who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Illinois
This is a formal document signed by the seller and purchaser of the real estate situated in Illinois.
"Real Estate Purchase Agreement Template" - Indiana
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of Indiana.
"Real Estate Purchase Agreement Template" - Iowa
An Iowa Real Estate Purchase Agreement is a formal document prepared and signed by Iowa residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Kansas
This legally binding contract is used in the state of Kansas to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Kentucky
This document serves as a contract between individuals in the state of Kentucky who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Maine
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of Maine.
"Real Estate Purchase Agreement Template" - Maryland
A Maryland Real Estate Purchase Agreement is a formal document prepared and signed by Maryland residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Massachusetts
This legally binding contract is used in the state of Massachusetts to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Michigan
This document serves as a contract between individuals in the state of Michigan who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Minnesota
This is a formal document signed by the seller and purchaser of the real estate situated in Minnesota.
"Real Estate Purchase Agreement Template" - Mississippi
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of Mississippi.
"Real Estate Purchase Agreement Template" - Missouri
A Missouri Real Estate Purchase Agreement is a formal document prepared and signed by Missouri residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Montana
This legally binding contract is used in the state of Montana to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Nebraska
This document serves as a contract between individuals in the state of Nebraska who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Nevada
This is a formal document signed by the seller and purchaser of the real estate situated in Nevada.
"Real Estate Purchase Agreement Template" - New Hampshire
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of New Hampshire.
"Real Estate Purchase Agreement Template" - New Jersey
A New Jersey Real Estate Purchase Agreement is a formal document prepared and signed by New Jersey residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - New Mexico
This legally binding contract is used in the state of New Mexico to record the transfer of the real estate from the seller to the buyer.
"Real Estate Offer to Purchase and Contract (Standard Form 2-t)" - North Carolina
This is a formal document signed by the seller and purchaser of the real estate situated in North Carolina.
"Real Estate Purchase Agreement Template" - North Dakota
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of North Dakota.
"Real Estate Purchase Agreement Template" - Ohio
An Ohio Real Estate Purchase Agreement is a formal document prepared and signed by Ohio residents who sell and buy real estate for commercial or residential purposes.
"Real Estate Purchase Agreement Template" - Oregon
This legally binding contract is used in the state of Oregon to record the transfer of the real estate from the seller to the buyer.
"Real Estate Purchase Agreement Template" - Pennsylvania
This document serves as a contract between individuals in the state of Pennsylvania who wish to sell, convey, or transfer a piece of property.
"Real Estate Purchase Agreement Template" - Rhode Island
This is a formal document signed by the seller and purchaser of the real estate situated in Rhode Island.
"Real Estate Purchase Agreement Template" - South Carolina
Use this contract to establish the terms and conditions of the sale and purchase of the real property in the state of South Carolina.
"Real Estate Purchase Agreement Template" - Tennessee
This legally binding contract is used in the state of Tennessee to record the transfer of the real estate from the seller to the buyer.
