Real Estate Purchase Agreement Form (US)

Create your Free Real Estate Purchase Agreement

Where is the Property located?

Select the State

(Required)

Built for Your State
Different states have different rules and regulations. Your Real Estate Purchase Agreement will be customized for your state.

Frequently Asked Questions

When should one use the Real Estate Purchase Agreement?Real Estate Purchase Agreement (completed construction) is used where:

1. the Buyer is purchasing a new home that has been completed before the Buyer takes possession or the Contract closes; or

2. the Buyer is purchasing a previously occupied home.

Property Information

Legal description:

Lot:

Block:

Addition:

City:

County:

(e.g. Orange)

Municipal Address:

(e.g. Street, City, State, ZIP Code)

Further Description:

Attach description

No further description

Certain fixtures are excluded from the sale?

Do not specify

Yes, describe below

Yes, describe in attached list

Property is subject to a lease.

Frequently Asked Questions

Where can I obtain the legal description of my property? You should be able to obtain the legal land description of your property from the County Recorder's office (may also be called County Clerk or Register of Deeds office). The legal land description of your property may also be found on your land title, in tax assessment information, and in your mortgage agreement.What are fixtures?Fixtures are items of personal property that have been attached to land or buildings in such a way that they cannot be removed without damaging the item, land or building. As a Seller, you may choose to exclude some fixtures because they have sentimental value, if they are hard to replace, or for some other reason. Examples of fixtures usually include chandeliers, custom-made drapes, window blinds, built-in appliances, built-in cupboards, light fittings, and wall-to-wall carpeting. What is a historic property?If the Property is classified as Historic Property, then it cannot be conveyed without notification being sent to the State Historic Preservation Officer.What is the Shoreland Zone?Maine has implemented land use controls for all land areas within 250 feet of ponds and non-forested freshwater wetlands that are 10 acres or larger; rivers with watersheds of at least 25 square miles in drainage area; coastal wetlands and tidal waters; and all land areas within 75 feet of certain streams. Any property that falls within one of these descriptions is part of the Shoreland Zone.

Frequently Asked Questions

What is a brand new property?Only check off this condition for a new home that has been completed before the Buyer takes possession or the Contract closes.What is the requirement for the property disclosure in What is the requirement for the property disclosure in DC?The District of Columbia Code requires the Seller to provide a disclosure statement prior to the execution of the Sales Agreement only if the Buyer has expressed a written intent to reside on the Property after the sale is complete.What is the requirement for the property disclosure in Maine?The Maine Revised Statutes require the Seller to disclose certain facts about the property if there is no licenced real estate broker involved with the transaction. However, it is recommended that the Seller should disclose all known facts which would materially affect the value of the Property and to consult a local real estate attorney as non-disclosure of known defects may subject the Seller to civil liability.What is the requirement for the property disclosure in Mississippi?The Mississippi Code requires the Seller to deliver to the Buyer a completed disclosure form created by the Mississippi Real Estate Commission, but only if the real estate transaction involves a licenced real estate broker or salesperson. However, it is recommended that the Seller should disclose all known facts which would materially affect the value of the Property and to consult a local real estate attorney as non-disclosure of known defects may subject the Seller to civil liability.What is the requirement for the property disclosure in Minnesota?The Minnesota Statutes require certain facts pertaining to the Property to be disclosed by the Seller, unless the Buyer and Seller have agreed in writing to waive all disclosures. However, it is recommended that the Seller should disclose all known facts which would materially affect the value of the Property and to consult a local real estate attorney as non-disclosure may subject the Seller to civil liability.What is an R-value?The R-value of a building material is the resistance the material has to the movement of heat. The higher the R-value the better your house will be insulated against the cold or the heat. The R-value of a material can be found by looking on the packaging or by phoning the manufacturer.What are impact fees?Impact fees are charges imposed by local government on new development.What is an environmental assessment report?An environmental assessment report is created by an environmental specialist who examines the property to determine if there are any characteristics of the property that are having a negative environmental impact on the property. For example, this report would inform the Buyer if there were any underground storage tanks on the property that were leaking a contaminant into the soil.What is an agricultural district?The property is in an agricultural district if it is within one mile of a farm or a farm operation.What is mine subsidence?Mine subsidence as defined by the Mine Subsidence Disclosure Act is "lateral or vertical ground movement that directly damages a structure and that results from the collapse of a man-made underground mine."What is a residential service contract?A residential service contract is an optional warranty offered by private companies that generally covers the Purchaser's Property in plumbing, mechanical, and electrical systems. However, other areas may be covered depending on the options selected.What is a Mello-Roos community?In California, this term is used to refer to new communities in which a special tax is levied in order to help defray some of the costs of developing and maintaining the infrastructure of the community.

Sales Price and Financing

Sales Price:

(e.g. 150,000.00).

Financing:

Third Party Financing

Seller Financing

Assumption

No Financing

Loan amount (excludes finding fees and insurance premiums):

(e.g. 100,000.00)

Contract is subject to Buyer being approved for financing

Frequently Asked Questions

What is the Sales Price?The Sales Price is how much the Buyer is paying the Seller for the Property.What is third party financing?Financing from a bank or private source other than the Seller.What is seller financing?Financing that the Seller provides to the Buyer in the form of an attached promissory note.What is assumption?Assumption of the unpaid principal balance of one or more promissory notes or mortgages.What is no financing?The Buyer is paying the full amount of the Sales Price with cash.

Earnest Money

Amount of earnest money to deliver on effective date:

(e.g. $50,000.00)

Number of days to deliver earnest money after effective date:

(e.g. five business days)

Name of escrow agent:

Address of escrow agent:

(e.g. Street, City, State, ZIP Code)

Frequently Asked Questions

What is the earnest money?Earnest money is the deposit that the Buyer is required to provide to the Seller up front, in order to convey that the Buyer is serious about purchasing the property. It is the cash deposit paid by the prospective Buyer to the Seller, as evidence of good faith to complete the purchase transaction.

This deposit will be credited to the sales price upon closing but will be forfeited if the Buyer defaults. It ensures that the Buyer is serious about obtaining the necessary financing and fulfilling the other conditions necessary to purchase the house. Without earnest money, some buyers may not use their best efforts to obtain financing and may still be looking for a better deal on other houses. Often, if the Buyer does not proceed with the transaction, the Seller can keep the earnest money as damages.What is the Effective Date of the Agreement?The effective date is the date on which both parties sign the contract. If the parties sign separately, the date the last person signs is the effective date. Please indicate the maximum number of days after this date that the earnest money must be given.What is escrow?Escrow refers to the situation where property is held by a neutral third party (the escrow agent) until closing (when all the terms of the contract have been satisfied). At closing, this third party transfers title to the property to the Buyer.

The escrow agent will be acting for both parties pursuant to instructions. Typically, the agent is a person (commonly an attorney), escrow company or title company, depending on local practice.

Title Policy & Survey

Title policy paid for by:

Seller

Buyer

Name of title company issuing title policy:

Provision of survey:

New survey by Seller at Buyer's expense

Number of days the Buyer may object to title defects:

(e.g. five business days)

Buyer may object if commitment, exception documents or survey prevents certain uses:

Do Not Specify

Describe below

Frequently Asked Questions

What is title insurance?Title insurance is a form of insurance in which the insurer agrees to indemnify the insured party for any loss suffered that results from a defect in the title to the property that was unknown to the buyer at the time of the sale. A title policy of insurance insures the homebuyer against any encumbrances that may affect the title to their property. The policy is required by most institutional lenders in order to get a mortgage and will pay the value of the mortgage in the event that there is a defect in the title that voids the buyers title to the property. It is an alternative to getting a municipal compliance certificate or real property report.What is survey of the Property?A survey shows the location of improvements, easements, rights of way, encroachments, and other physical features of the property. It is done to ensure the boundaries of the property are properly described in the Sales Agreement.

Even if the Seller can provide a copy of a survey that was completed within the past year, you should still request a new survey in case there has been a change in the Property since the last survey was completed. Alternatively, you could request a declaration that there have been no additions to the envelopes of the buildings on the Property.
What is a commitment?A commitment is a promise by an insurance company to issue a title insurance policy on a particular piece of property.What are exception documents?Exception documents are items evidencing matters affecting title to the property which are excluded from coverage of the title insurance policy.

Legalistic Style		Plain English
at the present time		now
due to the fact that		because; since
during such time as		while
for the duration of		during
inasmuch as		because; since
in the event that		if
notwithstanding the fact that		although; even if
prior to		before
pursuant to		under; in accordance with
subsequent to		after
that certain		a
with reference to		about

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Create your Free Real Estate Purchase Agreement

Seller Information

Seller

Buyer Information

Buyer

Property Information

Legal description:

Property Condition

Sales Price and Financing

Earnest Money

Title Policy & Survey

Certificate of Value

Deed Tax

Conveyance Tax

Real Estate Transfer Tax

Real Estate Transfer Fee and Return

Closing and Possession

Settlement Expenses

Mediation/Arbitration

Attorney Fees

Option to Terminate

Additional Clauses

Additional Clauses

Signing Details