The Home Purchase Agreement serves as the foundational document in residential real estate transactions across the United States. It is essential when transferring ownership of residential property from seller to buyer, protecting both parties' interests by clearly defining the terms of sale, conditions, and responsibilities. The agreement must incorporate various legal requirements, including state-specific property laws, federal regulations like RESPA and the Fair Housing Act, and local zoning requirements. It typically includes contingencies for financing, property inspection, and title review, while also addressing specific details about the property, closing procedures, and remedies in case of default.
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1. Parties: Identifies buyer and seller with full legal names and addresses
2. Background/Recitals: Brief context of the transaction and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property being sold
5. Purchase Price: Amount and payment terms including deposits
6. Closing: Closing date, location, and requirements
7. Seller's Representations: Warranties about property condition and title
8. Buyer's Representations: Financial capacity and intent statements
9. Default Provisions: Consequences of breach by either party
10. Signatures: Execution block for all parties
1. Financing Contingency: Terms if purchase depends on buyer securing mortgage
2. Inspection Contingency: Terms for property inspection period
3. Sale Contingency: Condition that buyer must sell existing home
4. Tenant Rights: Existing tenant arrangements and obligations
1. Property Inventory: List of included fixtures and personal property
2. Property Disclosure Statement: Mandatory seller disclosures about property condition
3. Title Documents: Current title report or commitment
4. Environmental Reports: Any environmental assessments or reports
5. Survey: Property survey and plot plan
6. Lead Paint Disclosure: Required for pre-1978 properties
Relevant legal definitions
Agreement
Property
Purchase Price
Closing Date
Closing
Deed
Deposit
Earnest Money
Effective Date
Escrow Agent
Fixtures
Good Faith Estimate
HUD-1 Settlement Statement
Improvements
Inspection Period
Personal Property
Purchase and Sale Agreement
Real Property
Settlement Statement
Title Commitment
Title Company
Title Insurance
Title Policy
Transfer Tax
Warranties
Zoning Laws
Contingencies
Due Diligence Period
Encumbrances
Force Majeure
Liens
Material Defects
Permitted Exceptions
Proration Date
Survey
Termination
Clauses
Purchase and Sale
Property Description
Price and Payment
Deposit
Title and Conveyance
Representations and Warranties
Due Diligence
Inspection Rights
Financing
Closing Conditions
Property Transfer
Default and Remedies
Risk of Loss
Property Condition
Environmental Matters
Insurance
Contingencies
Prorations and Adjustments
Possession
Real Estate Taxes
Assignment
Notices
Broker Commission
Governing Law
Dispute Resolution
Force Majeure
Survival
Severability
Amendment
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
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