Deed Of Contract To Sell for the United States

Deed Of Contract To Sell Template for United States

A Deed of Contract to Sell is a legally binding document used in the United States that outlines the terms and conditions of a property sale. It serves as both a contract and a deed, documenting the seller's commitment to transfer property ownership to the buyer under specified conditions. The document includes property details, purchase price, payment terms, and closing requirements, complying with state-specific real estate laws and federal regulations.

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What is a Deed Of Contract To Sell?

The Deed of Contract to Sell is essential in U.S. real estate transactions where parties wish to combine contractual obligations with property transfer rights in a single document. This instrument is particularly useful when the transfer of property requires specific conditions to be met before completion. The document includes comprehensive details about the property, parties involved, purchase price, payment terms, and conditions precedent to closing. It must comply with both federal regulations and state-specific requirements, making it a crucial tool in real estate transactions.

What sections should be included in a Deed Of Contract To Sell?

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

2. Background: Context of the sale and property description

3. Definitions: Key terms used throughout the document

4. Property Description: Detailed legal description of the property being sold

5. Purchase Price: Amount and payment terms

6. Closing Date: Date of transfer and completion

7. Title and Conveyance: Terms regarding transfer of title and property rights

8. Representations and Warranties: Statements of fact and promises made by both parties

9. Closing Conditions: Requirements that must be met before closing

10. Default and Remedies: Consequences of breach and available remedies

What sections are optional to include in a Deed Of Contract To Sell?

1. Financing Contingency: Terms related to buyer obtaining financing - include when buyer requires mortgage financing

2. Inspection Contingency: Terms related to property inspection - include when buyer requests inspection period

3. HOA Provisions: Homeowners Association terms - include when property is part of an HOA

4. Environmental Matters: Environmental inspections and warranties - include when property may have environmental concerns

5. Tenant Rights: Provisions regarding existing tenants - include when property is currently leased

What schedules should be included in a Deed Of Contract To Sell?

1. Schedule A: Detailed property description and boundaries

2. Schedule B: List of included fixtures and fittings

3. Schedule C: Property disclosure statement

4. Appendix 1: Title documents and certificates

5. Appendix 2: Property survey (if applicable)

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

Relevant Teams

Legal
Real Estate
Operations
Finance

Relevant Roles

Real Estate Attorney
Property Manager
Real Estate Agent
Title Officer
Closing Coordinator
Contract Administrator

Industries

State Property Laws: Individual state laws governing real estate transactions, property rights, and transfer requirements that vary by jurisdiction

State Deed Requirements: Specific formatting, content, and execution requirements for deeds as mandated by each state

State Recording Statutes: Laws governing how and when property records must be filed with local government offices

State Statute of Frauds: State-specific requirements mandating that real estate contracts must be in writing to be enforceable

Interstate Land Sales Full Disclosure Act: Federal law requiring developers to provide detailed information to buyers in certain interstate land sales

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Truth in Lending Act: Federal regulation requiring disclosure of credit terms and costs in real estate financing

Real Estate Settlement Procedures Act: Federal law governing real estate settlement processes and associated service fees

Contract Law Principles: Fundamental legal principles governing contract formation, performance, and enforcement

Property Law Principles: Basic legal concepts regarding ownership, possession, and transfer of real property

Doctrine of Equitable Conversion: Legal principle treating the buyer as owner of the property's equitable title upon contract execution

Local Zoning Laws: Municipal regulations controlling property use, development, and modifications

Environmental Regulations: Federal and state laws governing environmental protection and compliance in property transactions

Property Tax Laws: Regulations governing property tax assessment, collection, and proration during sale

Title Requirements: Legal requirements for clear title transfer and any restrictions on the property

HOA Regulations: Homeowners Association rules and restrictions affecting property use and transfer

Building Codes: Local construction and maintenance standards affecting property condition and use

Survey Requirements: Legal requirements for property surveys and boundary determinations

Disclosure Requirements: Mandatory seller disclosures about property condition, defects, and material facts

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In A Sale Leaseback Agreement The

A U.S. legal agreement where property is sold and immediately leased back to the seller, combining sale and lease terms in one document.

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What is a Deed Of Contract To Sell?

What sections should be included in a Deed Of Contract To Sell?

What sections are optional to include in a Deed Of Contract To Sell?

What schedules should be included in a Deed Of Contract To Sell?

Authors

Alex Denne

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