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Advance Agreement For Sale Of House Template for United States

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Key Requirements PROMPT example:

Advance Agreement For Sale Of House

"I need an Advance Agreement For Sale Of House for a residential property in California, with specific contingencies for successful mortgage approval and home inspection, and closing date set for March 15, 2025."

Document background
The Advance Agreement For Sale Of House is utilized when parties wish to formalize their intent to proceed with a property transaction before executing the final sale agreement. This document is particularly important in the United States real estate market as it provides protection for both buyers and sellers by clearly defining the terms of the future transaction, including deposit arrangements, contingencies, and timelines. It serves as a crucial step in the property purchase process, especially when there are conditions that need to be met before proceeding to closing, such as financing approval or property inspections. The agreement must comply with both federal regulations and state-specific real estate laws.
Suggested Sections

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

2. Background: 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

6. Deposit Terms: Amount, timing, and handling of deposit

7. Closing Date: Specified date for completion of transaction

8. Representations and Warranties: Statements of fact by both parties

Optional Sections

1. Financing Contingency: Conditions related to buyer obtaining mortgage financing

2. Home Inspection Contingency: Terms for property inspection and potential issues

3. Sale of Existing Home Contingency: Conditions related to buyer selling current property

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description and property boundaries

2. Schedule B - Included Fixtures and Fittings: List of items included in the sale

3. Schedule C - Excluded Items: List of items explicitly excluded from the sale

4. Schedule D - Disclosure Statement: Required property condition disclosures

5. Schedule E - Title Exceptions: List of title encumbrances and restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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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 to borrowers about real estate transactions and settlement services

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

Interstate Land Sales Full Disclosure Act: Federal law protecting consumers from fraud and abuse in the sale of undeveloped lots

Foreign Investment in Real Property Tax Act (FIRPTA): Federal law imposing income tax on foreign persons disposing of U.S. real estate interests

State Property Laws: State-specific laws governing real property rights, transfers, and obligations within the state's jurisdiction

State Real Estate Transfer Laws: State-specific requirements for transferring real estate property, including documentation and recording requirements

State Recording Requirements: State-specific rules for recording real estate documents with local government offices

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

State Contract Laws: State-specific rules governing contract formation, enforcement, and remedies

State Statute of Frauds: State law requiring certain contracts, including real estate agreements, to be in writing to be enforceable

Local Zoning Laws: Municipal regulations governing land use, building types, and property development restrictions

Municipal Building Codes: Local regulations setting standards for building construction, maintenance, and safety

Local Property Transfer Requirements: City or county-specific rules for transferring property, including inspections and certificates of occupancy

HOA Rules: Homeowners Association regulations that may affect property use, transfers, and obligations (where applicable)

Property Title Requirements: Legal requirements for establishing clear title and handling title transfers

Deed Restrictions: Legal limitations on property use recorded in the property deed

Easements and Encumbrances: Rights or claims against the property that may affect its use or transfer

Environmental Regulations: Federal, state, and local environmental laws affecting property use and transfer

Mortgage and Financing Regulations: Laws governing real estate financing, including mortgage requirements and restrictions

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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