Real Estate Sales Contract for the United States

Real Estate Sales Contract Template for United States

A Real Estate Sales Contract is a legally binding agreement between a seller and buyer for the purchase and sale of real property in the United States. This document outlines all terms and conditions of the sale, including property description, purchase price, payment terms, closing conditions, and various contingencies. It must comply with federal laws such as RESPA and TILA, as well as applicable state and local real estate regulations.

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What is a Real Estate Sales Contract?

The Real Estate Sales Contract serves as the primary legal instrument for transferring property ownership in the United States. This document is essential whenever real property is bought or sold, whether residential or commercial. It includes critical information such as property details, purchase price, contingencies, and closing requirements. The contract must adhere to both federal regulations (such as RESPA and TILA) and state-specific real estate laws. The document provides protection for both parties and creates a clear framework for the transaction's completion.

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

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

2. Background: Brief context of the transaction and property identification

3. Definitions: Key terms used throughout the contract

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

5. Purchase Price: Amount and payment terms including deposit details

6. Closing Date: Specified date and conditions for closing

7. Title Transfer: Terms of conveying title and type of deed

8. Representations and Warranties: Standard seller and buyer warranties

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

1. Financing Contingency: Terms related to buyer's ability to obtain financing when mortgage financing is required

2. Inspection Contingency: Terms related to property inspection rights when buyer wants to inspect the property

3. Sale Contingency: Condition that buyer must sell existing property, used when buyer needs to sell current property first

4. HOA Provisions: Terms related to homeowners association when property is part of an HOA

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

1. Property Disclosure Statement: Seller's disclosure of property condition and known defects

2. Inventory of Fixtures and Fittings: List of items included/excluded from sale

3. Title Documents: Copy of title report and related documents

4. Environmental Reports: Any environmental assessments or reports

5. Survey Documents: Property survey and related documentation

6. Lead-Based Paint Disclosure: Required for properties built before 1978

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Industries

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

Real Estate Settlement Procedures Act (RESPA): Federal law requiring disclosure of real estate settlement costs and prohibiting kickbacks and referral fees in real estate transactions

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

Interstate Land Sales Full Disclosure Act: Federal law protecting consumers from fraud and abuse in the sale or lease of land

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 rights, transfers, and obligations

State Contract Laws: State-specific laws governing formation and enforcement of contracts, including real estate contracts

State Real Estate Licensing Laws: State-specific regulations governing real estate professionals and transactions

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

State Recording Statutes: State laws governing the recording of deeds and other real estate documents

State Homestead Laws: State-specific protections for primary residences from certain creditors

State Environmental Protection Laws: State regulations regarding environmental hazards and protections in real estate

Local Zoning Laws: Municipal regulations governing property use and development

Local Building Codes: Municipal requirements for construction, maintenance, and safety standards

Local Property Tax Regulations: Municipal rules governing property tax assessment and collection

Historic Preservation Requirements: Local and state regulations protecting historically significant properties

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

Legal Description Requirements: Standards for properly identifying and describing real property in legal documents

Earnest Money Requirements: Rules governing the handling and disposition of earnest money deposits

Closing Procedures: Legal requirements for completing real estate transactions and transferring title

Title Insurance Requirements: Rules regarding title insurance coverage and policies

Deed Transfer Requirements: Legal standards for properly executing and recording property deeds

Escrow Requirements: Rules governing the use and management of escrow accounts in real estate transactions

Financing Contingencies: Contract provisions relating to buyer's ability to obtain financing

Inspection Contingencies: Contract provisions relating to property inspections and buyer's right to terminate based on findings

Lead-Based Paint Disclosure: Federal requirement for disclosure of lead-based paint hazards in properties built before 1978

Natural Hazard Disclosures: Requirements to disclose natural hazards such as flood zones, earthquake zones, or wildfire risks

HOA Regulations: Rules and requirements related to properties governed by Homeowners Associations

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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