The Standard Home Purchase Agreement is the foundational document for residential real estate transactions in the United States. This contract type is essential when transferring property ownership from seller to buyer, typically used in both private and broker-facilitated sales. It includes crucial elements such as property description, purchase price, contingencies, and closing terms, while ensuring compliance with federal regulations like the Fair Housing Act and state-specific real estate laws. The agreement protects both parties' interests and provides a clear framework for the transaction process, from initial offer through closing.
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1. Parties: Identification of buyer and seller with full legal names and addresses
2. Background: Brief context of the transaction and property description
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 for the property purchase
6. Closing Date: Specified date for completion of the transaction
7. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter into the agreement
8. Title and Deed: Details regarding the transfer of property title and deed requirements
9. Default and Remedies: Consequences and available remedies if either party defaults on their obligations
10. Governing Law: Specification of applicable state law and jurisdiction
1. Financing Contingency: Terms related to buyer's ability to secure mortgage financing
2. Home Inspection Contingency: Terms related to property inspection requirements and rights to terminate based on findings
3. Sale of Existing Home Contingency: Conditions related to buyer's need to sell their current home before completing purchase
4. HOA Provisions: Terms related to Homeowners Association membership and requirements
5. Environmental Matters: Provisions dealing with environmental issues such as radon, mold, or other hazards
1. Schedule A - Property Disclosure Statement: Seller's mandatory disclosure of property condition and known defects
2. Schedule B - Fixtures and Fittings List: Detailed inventory of items included and excluded from the sale
3. Schedule C - Lead-Based Paint Disclosure: Federally required disclosure for homes built before 1978
4. Schedule D - Inspection Report: Results of property inspections and agreed remediation measures
5. Schedule E - HOA Documents: Homeowners Association rules, regulations, and financial documents if applicable
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