Property Sales Contract Between Seller And Buyer for the United States

Property Sales Contract Between Seller And Buyer Template for United States

A Property Sales Contract is a legally binding agreement used in the United States to facilitate the purchase and sale of real estate. This document outlines the terms and conditions of the property transfer, including purchase price, payment terms, closing conditions, and obligations of both parties. It complies with state-specific real estate laws and federal regulations such as RESPA and TILA, while incorporating necessary disclosures and contingencies required by U.S. property law.

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What is a Property Sales Contract Between Seller And Buyer?

The Property Sales Contract Between Seller And Buyer 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 includes crucial elements such as property description, purchase price, closing terms, contingencies, and required disclosures. The contract must comply with both federal regulations and state-specific real estate laws, making it a comprehensive document that protects both parties' interests while ensuring legal compliance.

What sections should be included in a Property Sales Contract Between Seller And Buyer?

1. Parties: Identifies and defines the seller and buyer with complete legal names and addresses

2. Background: States the intent to sell/purchase the property and basic context of the transaction

3. Definitions: Defines key terms used throughout the contract including Property, Closing Date, Purchase Price, etc.

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

5. Purchase Price: States the agreed purchase price, payment terms, deposits, and funding requirements

6. Closing and Possession: Specifies closing date, possession transfer details, and closing requirements

7. Representations and Warranties: Standard declarations about property condition, ownership, and seller's authority to sell

8. Default and Remedies: Outlines consequences of contract breach and available remedies for both parties

What sections are optional to include in a Property Sales Contract Between Seller And Buyer?

1. Financing Contingency: Optional section used when buyer's purchase is contingent on obtaining mortgage financing

2. Inspection Contingency: Optional section allowing buyer to inspect property and negotiate repairs before closing

3. HOA Provisions: Optional section detailing homeowners association requirements when property is part of an HOA

4. Tenant Rights: Optional section addressing provisions regarding existing tenants for tenant-occupied properties

What schedules should be included in a Property Sales Contract Between Seller And Buyer?

1. Schedule A - Property Description: Detailed legal description and property boundaries

2. Schedule B - Included Fixtures: Comprehensive list of fixtures and items included in the sale

3. Schedule C - Excluded Items: List of items specifically excluded from the sale

4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues as required by law

5. Schedule E - Title Exceptions: List of title exceptions, encumbrances, and easements affecting the property

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders, mortgage brokers, and servicers to provide borrowers with disclosures regarding the real estate settlement process

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

Interstate Land Sales Full Disclosure Act: Federal law protecting consumers from fraud and abuse in the sale of land, requiring developers to disclose information to potential buyers

Foreign Investment in Real Property Tax Act (FIRPTA): Federal law imposing income tax on foreign persons disposing of U.S. real property interests

State Property Laws: State-specific laws governing real property ownership, transfer, and rights within the specific jurisdiction

State Real Estate Transfer Laws: State-specific requirements for transferring real property, including deed requirements and transfer taxes

State Recording Statutes: Laws governing the recording of real estate documents and determining priority of competing claims to real property

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

State Contract Laws: General contract principles and requirements specific to each state governing formation and enforcement of contracts

Statute of Frauds: Legal principle requiring real estate contracts to be in writing to be enforceable

Local Zoning Laws: Municipal regulations governing property use, development, and restrictions

Property Tax Laws: Federal, state, and local laws governing the assessment and collection of property taxes

Environmental Regulations: Laws concerning environmental protection, hazards, and compliance requirements affecting real property

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

Title Insurance Requirements: State-specific requirements for title insurance and protection against title defects

Escrow Requirements: State-specific rules governing the handling of funds and documents through escrow in real estate transactions

Real Estate License Laws: State laws governing the licensing and conduct of real estate professionals involved in the transaction

Property Description Requirements: Legal requirements for accurately describing the property being sold, including boundaries and improvements

Purchase Price and Payment Terms: Legal requirements for specifying the purchase price, payment method, and financing terms in the contract

Closing and Possession Requirements: Legal framework for specifying closing dates, possession transfer, and related obligations

Contingency Clauses: Legal provisions allowing parties to exit the contract under specified conditions such as financing, inspection, or appraisal

Default and Remedies Provisions: Legal framework for addressing breach of contract and available remedies for the parties

Assignment Rights: Legal provisions governing the right to assign or transfer contract rights to other parties

Closing Costs Allocation: Legal framework for allocating various closing costs between buyer and seller

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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