The Real Estate Equity Purchase Agreement serves as the primary document governing real estate transactions in the United States. This comprehensive agreement is essential when transferring property ownership, whether for residential, commercial, or investment purposes. It includes crucial elements such as property description, purchase price, contingencies, representations and warranties, and closing requirements. The agreement must comply with both federal regulations and state-specific real estate laws, making it a vital tool for ensuring legal compliance and protecting all parties' interests in the transaction.
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1. Parties: Identification of buyer and seller with full legal names and addresses
2. Background: Context of the transaction and purpose of the agreement
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 and financing arrangements
6. Closing: Timing, location, and requirements for closing
7. Representations and Warranties: Statements of fact by both parties about the property and their authority
8. Default and Remedies: Consequences of breach and available remedies
1. Due Diligence: Buyer's investigation rights and timeline - used for commercial properties or complex transactions
2. Financing Contingency: Conditions related to buyer obtaining financing - used when buyer requires mortgage financing
3. Property Management: Interim management arrangements - used for income-producing properties
4. 1031 Exchange: Tax-deferred exchange provisions - used when either party intends to conduct an exchange
1. Property Description Schedule: Detailed legal description and property boundaries
2. Title Exceptions Schedule: List of permitted encumbrances and title issues
3. Due Diligence Documents: List of required property documents and reports
4. Environmental Reports: Environmental assessment results and disclosures
5. Tenant Schedule: List of existing tenants and lease terms (for properties with existing tenants)
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