Real Estate Buyers Contract for the United States

Real Estate Buyers Contract Template for United States

A Real Estate Buyers Contract is a legally binding agreement used in the United States that outlines the terms and conditions of a real estate purchase transaction. This document details the rights and obligations of both buyer and seller, including purchase price, property description, contingencies, closing terms, and other essential elements of the transaction. It complies with both federal and state-specific real estate laws and regulations, providing legal protection for all parties involved.

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What is a Real Estate Buyers Contract?

The Real Estate Buyers Contract serves as the primary legal instrument for documenting property transactions in the United States. This essential document is used whenever real estate is bought or sold, whether residential, commercial, or investment property. It includes critical information such as property details, purchase price, financing arrangements, contingencies, and closing requirements. The contract must comply with federal regulations like the Fair Housing Act and RESPA, as well as state-specific real estate laws. It provides legal protection for all parties and serves as the foundation for the entire transaction process.

What sections should be included in a Real Estate Buyers Contract?

1. Parties: Identification of buyer and seller with full legal names and addresses

2. Background: Context of the transaction and property identification

3. Definitions: Key terms used throughout the contract

4. Property Description: Detailed description of the property including address and legal description

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

6. Closing Date and Process: Specified date for completion of transaction and closing procedures

7. Representations and Warranties: Statements of fact and promises made by both parties regarding the property and transaction

8. Contingencies: Conditions that must be met for the contract to be binding

9. Default and Remedies: Consequences and available remedies if either party fails to perform

10. Notices: How and where formal communications between parties should be delivered

11. Governing Law: Specification that the agreement is governed by US state laws

What sections are optional to include in a Real Estate Buyers Contract?

1. Financing Contingency: Details of mortgage financing requirements and conditions for when purchase depends on buyer obtaining financing

2. Home Inspection Clause: Terms and conditions for property inspection rights and process when buyer wants to conduct professional inspection

3. Sale of Existing Home Contingency: Conditions and timeframes related to the sale of buyer's existing property when purchase depends on selling current home

4. Lead-Based Paint Disclosure: Required for homes built before 1978 to disclose known information about lead-based paint and hazards

5. Homeowners Association: Terms related to HOA membership, fees, and regulations when property is part of an HOA

What schedules should be included in a Real Estate Buyers Contract?

1. Schedule A - Property Disclosure Statement: Detailed seller's disclosure of property condition and known defects

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

3. Schedule C - Title Documents: Property deed and title documentation including any easements or restrictions

4. Schedule D - Environmental Reports: Environmental assessment results and related documentation if applicable

5. Schedule E - Property Inspection Report: Findings from professional property inspection when completed

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

Document Type

Purchase Agreement

Cost

Free to use
Industries

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

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes, including requirements for disclosures and prohibitions on kickbacks

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and standardized information about borrowing costs

Interstate Land Sales Full Disclosure Act: Federal law regulating land sales and requiring developers to provide detailed information about their offerings

Americans with Disabilities Act: Federal law ensuring accessibility requirements in real estate properties and preventing discrimination against disabled persons

State Property Laws: State-specific laws governing property rights, transfers, and obligations specific to the jurisdiction

State Real Estate Licensing Laws: Regulations governing real estate professional licensing and conduct requirements in the specific state

State Consumer Protection Laws: State-specific laws protecting consumers in real estate transactions from unfair or deceptive practices

State Recording Requirements: State-specific requirements for recording real estate documents and transfers with local authorities

State Disclosure Requirements: State-mandated disclosures about property conditions, hazards, and material facts affecting the property

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

Contract Law Principles: General principles of contract law including offer, acceptance, consideration, and capacity to contract

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

Property Tax Laws: Federal and state laws governing property taxation, assessments, and payment obligations

Environmental Regulations: Federal and state environmental protection laws affecting real estate transactions and property use

Title Insurance Requirements: Legal requirements and standards for title insurance coverage in real estate transactions

Escrow Requirements: Laws and regulations governing the handling of funds and documents through escrow in real estate transactions

Financing Requirements: Legal requirements and regulations related to mortgage financing and other real estate funding methods

Deed Requirements: Legal requirements for property deed preparation, execution, and recording

Closing Requirements: Legal requirements and procedures for completing real estate transactions and transferring property ownership

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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