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Real Estate Sale Contract
I need a real estate sale contract for a residential property valued at $500,000, with a 30-day closing period, 10% deposit, and contingencies for financing and home inspection.
What is a Real Estate Sale Contract?
A Real Estate Sale Contract is a binding legal agreement between a property seller and buyer that spells out the terms of a home or property purchase. It details the sale price, closing date, and key conditions that must be met before ownership changes hands.
The contract protects both parties by clearly stating what's included in the sale, required inspections, financing arrangements, and each side's responsibilities. In most U.S. states, these contracts must be in writing and include specific elements like property description, purchase price, and signatures to be legally valid under state property laws.
When should you use a Real Estate Sale Contract?
You need a Real Estate Sale Contract any time you're buying or selling a property - from houses and condos to commercial buildings and vacant land. This essential agreement protects both parties by documenting the exact terms before money changes hands.
Use this contract when you've agreed on a price and basic terms with the other party. It needs to be in place before ordering inspections, securing financing, or starting the closing process. Having it signed early helps prevent misunderstandings and provides legal protection if problems arise during the transaction.
What are the different types of Real Estate Sale Contract?
- House Buying Agreement: Standard residential contract for single-family homes, covering typical home inspection and financing contingencies
- Home Selling Contract: Seller-focused version with specific protections for existing homeowners and property disclosure requirements
- Commercial Real Estate Purchase Contract: Complex agreement for business properties, including zoning, tenant rights, and environmental considerations
- Seller Agreement Form: Simplified contract typically used for straightforward sales with minimal contingencies
Who should typically use a Real Estate Sale Contract?
- Property Sellers: Homeowners, real estate investors, or business owners who want to transfer ownership of their property legally and safely
- Property Buyers: Individuals, families, or businesses looking to purchase real estate with clear terms and protections
- Real Estate Agents: Licensed professionals who help draft and negotiate contracts on behalf of their clients
- Real Estate Attorneys: Legal experts who review, modify, and ensure contracts meet state requirements and protect their clients' interests
- Title Companies: Organizations that verify property ownership and handle the closing process, including contract execution
How do you write a Real Estate Sale Contract?
- Property Details: Gather the complete legal description, address, and tax parcel number from county records
- Price Terms: Document the purchase price, earnest money amount, and payment method details
- Party Information: Collect legal names and contact details for all buyers, sellers, and their agents
- Timeline Items: Set clear dates for inspections, financing deadlines, and closing
- Property Specifics: List included fixtures, appliances, and any excluded items
- Special Conditions: Note any contingencies like home inspection, financing, or sale of buyer's current home
What should be included in a Real Estate Sale Contract?
- Identification: Legal names and signatures of all buyers, sellers, and their authorized representatives
- Property Description: Complete legal description, address, and specific details about what's included in the sale
- Purchase Terms: Clear statement of price, payment method, and earnest money requirements
- Contingencies: Specific conditions that must be met before closing, like inspections or financing
- Closing Details: Date, location, and process for transferring ownership
- Default Terms: Consequences and remedies if either party fails to perform
- Governing Law: Statement specifying which state's laws apply to the contract
What's the difference between a Real Estate Sale Contract and a Deed of Sale?
A Real Estate Sale Contract is often confused with a Deed of Sale, but they serve different purposes in property transactions. The key differences matter for timing and legal effect.
- Timing of Use: A Real Estate Sale Contract comes first, documenting the agreement to sell and future transfer. A Deed of Sale is the actual instrument that transfers ownership at closing
- Legal Effect: The contract creates binding promises to buy and sell, while the deed actually transfers the property title
- Content Focus: Sale contracts detail conditions, contingencies, and future obligations. Deeds focus on immediate property transfer and precise legal description
- Duration: Contracts govern the entire sale process through closing, while deeds are permanent records of completed transfers
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