The Content of a Real Estate Purchase Agreement

A real estate purchase agreement is a legal contract between a buyer who wants to buy a piece of real property and a seller who wants to sell it. A buyer typically proposes a real estate purchasing deal, which is subject to the seller’s approval of the terms.

You cannot transfer the title to a house, building, or lot under a real estate purchase agreement. Instead, it establishes a basis for each party’s rights and obligations before the lawful transfer of title.

What are the main elements in this agreement?

The following fundamental elements are present in a simple real estate purchase agreement:

  • Information about the buyer and seller. The parties to the contract’s full names and contact details.
  • Specifications of the property. You will need the address and a legal description of the grounds, to accurately describe the property’s site. A licensed surveyor will usually prepare a legal definition of land in metes and bounds.
  • Purchase price. It is the net price of the house, plus any deposits or changes.
  • Warranties and representations. The seller will make points of fact and assurances about the property that the buyer will depend on when deciding to purchase.
  • Will the buyer use third-party funding or seller financing to finance his or her acquisition, or will the buyer presume the seller’s current mortgage?
  • Contingencies are any acts or obligations that you need to fulfill to fulfill the obligation.
  • In most cases, one person is responsible for purchasing title insurance in the buyer’s name. Title insurance is a form of insurance that protects the loss of value of a property. This happens when future title faults come to notice.
  • Lead-based paint disclosure. For houses constructed before 1978, this is a legal requirement. A lead-based paint disclosure informs consumers of potential lead risks in the home. It allows them to do an unbiased lead test.

What are the additional elements you can include in the purchase agreement?

  • Dispute settlement. Often contracts have a standard or discretionary dispute resolution provision that outlines how the parties can settle their disagreements. Mediation, negotiation, or moving to the trials are both options.
  • Termination option. A provision that allows a buyer to cancel a contract deal up to a certain point before the closing date.
  • Inspection. Within a certain time frame, the buyer has the right to inspect the property.
  • Deliverables for the closure. Deliverables are the papers that the other party receives after the closing.
  • Closing costs. These are the payments that involve the finalization of a real estate transaction.
  • Risk of loss. The responsibility of either the seller or the buyer for the property if it is damaged between the starting time of the deal and the final time is known as the risk of loss.
  • Real estate taxes. The land as well as any objects that are related to the site, such as houses or residences have taxes known as real estate taxes.

What are some of the terms that you can find in the purchase agreement?

  • Earnest money deposit. It is a payment that a buyer makes to demonstrate his or her willingness to continue with the acquisition of a home. The seller removes the house from the market in exchange for an earnest money deposit from the buyer.

The seller adds the earnest money deposit to the selling price at the time of closing. The customer receives an earnest money deposit if the seller cancels the deal according to the terms of the arrangement.

  • Contingency. It is a requirement that you must fulfill for the deal to go forward. If the contingency is not fulfilled, the buyer has the option to cancel the deal and not complete the transaction. 
  • Escrow. This service is a neutral third party that holds assets for the duration of a sales agreement.  Although contractual threats are still pending, escrow protects all parties. 
  • Closing. The last move in a real estate deal between a buyer and a seller is the closing. All arrangements have been finalized, money has been exchanged, contracts have been signed and exchanged, and the buyer now owns the home.

In what situations can you use a purchase agreement?

When you’ve found the right house or buyer, make sure you have a written real estate purchase agreement in place to guarantee that everything goes smoothly before the sale, and you’ll know what to do if something goes wrong. If you: 

  1. Are a prospective buyer or seller of residential land 
  2. Wish to identify the legal rights of each party to the transaction
  3. Want to detail each party’s respective duties before the transfer of legal title, you should use this purchase agreement.

You can use this arrangement for any residential property purchase. But, only for as long as the home’s building is finished before the contract’s closing date.