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Residential Property Purchase Agreement Template for United States

A legally binding contract used in the United States for the purchase and sale of residential real estate. This agreement outlines the terms and conditions of the property transfer, including purchase price, closing conditions, contingencies, and obligations of both parties. It complies with federal and state-specific real estate laws and includes necessary disclosures required by U.S. jurisdiction.

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What is a Residential Property Purchase Agreement?

The Residential Property Purchase Agreement is a fundamental legal document used when transferring ownership of residential real estate in the United States. This agreement is essential for protecting both buyer and seller interests by clearly defining the terms of sale, including property description, purchase price, contingencies, and closing requirements. It must comply with federal regulations such as RESPA and TILA, as well as state-specific real estate laws. The document is typically used in both private sales and transactions involving real estate professionals, and serves as the primary contract governing the entire transaction process.

What sections should be included in a Residential Property Purchase Agreement?

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 agreement

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

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

6. Closing Date: Specified date for completion of the transaction and related closing requirements

7. Title and Deed: Requirements for clear title and deed transfer, including title insurance provisions

8. Representations and Warranties: Statements of fact by both parties regarding property condition and authority to sell/buy

9. Default and Remedies: Consequences of breach by either party and available remedies

10. Governing Law: Specification of applicable state law and jurisdiction

What sections are optional to include in a Residential Property Purchase Agreement?

1. Financing Contingency: Conditions related to buyer obtaining mortgage financing, including timeline and requirements

2. Inspection Contingency: Terms for property inspection, buyer's rights, and timeline for objections and remedies

3. HOA Provisions: Terms related to homeowners association, including fees, rules, and required documentation

4. Lead-Based Paint Disclosure: Required for homes built before 1978, includes federal disclosure requirements

5. Sale of Existing Home Contingency: Conditions relating to buyer's need to sell their current residence

What schedules should be included in a Residential Property Purchase Agreement?

1. Schedule A - Property Disclosure Statement: Seller's mandatory disclosure of property condition and known issues

2. Schedule B - Inventory of Fixtures and Fittings: Detailed list of items included and excluded from the sale

3. Schedule C - Title Documents: Copies of relevant title documentation and search results

4. Schedule D - Environmental Reports: Environmental assessment documents and related disclosures

5. Schedule E - Property Survey: Current survey of the property showing boundaries and improvements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use

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