Agreement To Sell (Real Estate) for the United Kingdom

Agreement To Sell (Real Estate) Template for United States

An Agreement to Sell (Real Estate) is a legally binding contract governed by U.S. federal and state laws that documents the terms and conditions of a real estate property sale. The agreement outlines the purchase price, payment terms, closing conditions, warranties, and obligations of both parties. It includes property descriptions, contingencies, and required disclosures in compliance with federal regulations such as the Fair Housing Act and state-specific requirements.

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What is a Agreement To Sell (Real Estate)?

The Agreement to Sell (Real Estate) serves as the primary legal instrument for real estate transactions in the United States. This document is essential when transferring ownership of real property, whether residential or commercial. It protects both parties' interests by clearly defining the terms of sale, including price, payment schedule, property condition, and closing requirements. The agreement must comply with federal regulations like RESPA and the Fair Housing Act, as well as state-specific real estate laws. It typically includes property descriptions, warranties, contingencies, and required disclosures.

What sections should be included in a Agreement To Sell (Real Estate)?

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the transaction and property description

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being sold including legal description, address, and boundaries

5. Purchase Price: Amount and payment terms, including deposit requirements and payment schedule

6. Closing Date: Date and conditions for closing, including requirements for completion

7. Title and Deed: Requirements for clear title and deed transfer, including title insurance provisions

8. Representations and Warranties: Statements of fact by both parties regarding property condition, ownership, and authority to sell

9. Default and Remedies: Consequences of breach by either party and available remedies

What sections are optional to include in a Agreement To Sell (Real Estate)?

1. Financing Contingency: Terms related to buyer's ability to obtain mortgage financing and conditions for loan approval

2. Inspection Contingency: Terms related to property inspection rights, timelines, and repair negotiations

3. Tenant Rights: Provisions dealing with existing tenants, lease agreements, and possession requirements

4. Environmental Matters: Provisions regarding environmental inspections, hazardous materials, and compliance requirements

5. HOA Provisions: Terms related to homeowners association requirements, fees, and approvals

What schedules should be included in a Agreement To Sell (Real Estate)?

1. Schedule A - Property Description: Detailed legal description of property including lot number, boundaries, and survey details

2. Schedule B - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale

3. Schedule C - Title Documents: Copies of relevant title documents, certificates, and searches

4. Schedule D - Property Disclosure Statement: Required disclosures about property condition, defects, and material facts

5. Schedule E - Due Diligence Documents: Property inspection reports, certificates, and other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Real Estate
Construction
Property Development
Property Investment

Relevant Teams

Legal
Real Estate
Operations
Finance
Compliance

Relevant Roles

Real Estate Agent
Property Manager
Real Estate Attorney
Property Developer
Investment Manager

Industries

Interstate Land Sales Full Disclosure Act: Federal law regulating land sales across state lines, requiring detailed disclosures to potential buyers

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, disability, or familial status

Truth in Lending Act: Federal law requiring lenders to provide standardized disclosures about credit terms and costs when financing is involved

Real Estate Settlement Procedures Act: Federal law governing real estate settlement processes and requiring specific disclosures for residential transactions

Americans with Disabilities Act: Federal law ensuring accessibility requirements are met, particularly relevant for commercial properties

State Real Estate Laws: State-specific regulations governing real estate transactions, licensing, and property rights

State Contract Laws: State-specific laws governing formation and enforcement of contracts

State Property Laws: State-specific laws governing property rights, transfers, and ownership

State Disclosure Requirements: State-mandated disclosures about property condition, hazards, and other material facts

State Recording Requirements: State-specific rules for recording deeds and other real estate documents

Local Zoning Ordinances: Municipal regulations governing property use and development

Local Building Codes: Municipal requirements for property construction and maintenance standards

Local Transfer Taxes: Municipal or county taxes imposed on real estate transfers

Statute of Frauds: Legal requirement that real estate contracts must be in writing to be enforceable

Property Title Requirements: Laws governing clear title transfer and title insurance requirements

Environmental Regulations: Federal, state, and local environmental protection laws affecting property use and transfer

HOA Rules: Homeowners Association regulations affecting property use and transfer, if applicable

Easements and Encumbrances: Legal rights or limitations affecting property use or access

Property Survey Requirements: Legal requirements for property boundary surveys and documentation

Property Inspection Requirements: Legal requirements for property condition inspections and related disclosures

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What is a Agreement To Sell (Real Estate)?

What sections should be included in a Agreement To Sell (Real Estate)?

What sections are optional to include in a Agreement To Sell (Real Estate)?

What schedules should be included in a Agreement To Sell (Real Estate)?

Authors

Alex Denne

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