Real Estate Sales Contract For Sale By Owner for the United States

Real Estate Sales Contract For Sale By Owner Template for United States

A Real Estate Sales Contract For Sale By Owner (FSBO) is a legally binding agreement used in the United States for property transactions conducted without real estate agent representation. This document outlines the terms and conditions of the property sale, including purchase price, closing conditions, contingencies, and obligations of both parties. It complies with state-specific real estate laws and federal regulations, including disclosure requirements and fair housing laws.

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What is a Real Estate Sales Contract For Sale By Owner?

The Real Estate Sales Contract For Sale By Owner is utilized when property owners choose to sell their real estate directly to buyers without professional real estate agent representation. This approach can potentially save thousands in commission fees but requires careful attention to legal requirements and documentation. The contract must comply with both federal regulations and state-specific real estate laws, including necessary disclosures, property condition statements, and title requirements. It typically includes comprehensive details about the property, price, payment terms, closing conditions, and any contingencies that must be met before the sale can be completed.

What sections should be included in a Real Estate Sales Contract For Sale By Owner?

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

2. Background: Brief context of the sale 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

6. Earnest Money: Details of deposit and escrow arrangements

7. Closing and Possession: Closing date, location, and possession terms

8. Title and Survey: Requirements for clear title and property survey

9. Representations and Warranties: Standard seller and buyer assertions about the property and transaction

What sections are optional to include in a Real Estate Sales Contract For Sale By Owner?

1. Financing Contingency: Terms and conditions related to buyer's mortgage financing approval

2. Home Inspection Contingency: Terms and conditions for property inspection and buyer's right to terminate based on findings

3. Sale of Existing Home Contingency: Conditions related to buyer's need to sell their current home before completing this purchase

4. Personal Property: Specific items included or excluded from the sale

What schedules should be included in a Real Estate Sales Contract For Sale By Owner?

1. Property Disclosure Statement: Detailed disclosure of property condition and known issues

2. Lead-Based Paint Disclosure: Mandatory disclosure for properties built before 1978 regarding lead-based paint

3. Personal Property Inventory: Detailed list of items included or excluded from the sale

4. Survey or Plot Plan: Documentation of property boundaries and improvements

5. Title Report: Current status of property title and any encumbrances

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
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 disclosures regarding the real estate settlement process and prohibiting certain practices

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

Lead-Based Paint Hazard Reduction Act: Federal law requiring disclosure of known lead-based paint hazards for properties built before 1978

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 property rights, ownership, and transfer of real estate within the state jurisdiction

State Real Estate Transfer Laws: State-specific requirements for transferring property titles and recording deeds

State Disclosure Requirements: State-mandated disclosures about property condition, defects, and other material facts that must be provided to buyers

State Recording Statutes: Laws governing how and when property documents must be recorded in public records

State-Specific Contract Requirements: Particular contractual elements and formats required by state law for valid real estate contracts

Local Zoning Ordinances: Municipal or county regulations controlling property use and development

State-Specific Closing Requirements: State laws governing the closing process, including required documentation and procedures

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

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

Consideration and Payment Terms: Legal requirements for specifying purchase price, payment method, and other financial terms in the contract

Title Transfer Requirements: Legal procedures and documentation needed to properly transfer property title from seller to buyer

Contingency Clauses: Legal provisions that make the contract dependent on certain conditions being met, such as financing or inspection requirements

Default and Remedy Provisions: Legal clauses specifying what constitutes default and the available remedies for both parties

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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