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Real Estate Agreement for the United States

Real Estate Agreement Template for United States

A Real Estate Agreement is a legally binding contract used in the United States that outlines the terms and conditions of a real estate transaction between parties. This document, governed by both federal and state laws, details the rights and obligations of all parties involved, including property description, purchase price, payment terms, contingencies, and closing requirements. It incorporates relevant provisions from the Fair Housing Act, RESPA, and state-specific property laws, ensuring compliance with all applicable regulations while protecting the interests of both buyers and sellers.

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What is a Real Estate Agreement?

Real Estate Agreements serve as the foundational document for property transactions in the United States, whether for residential, commercial, or mixed-use properties. These agreements are essential whenever real property is being transferred between parties, incorporating crucial elements such as property details, financial terms, contingencies, and closing requirements. The document must comply with federal regulations including the Fair Housing Act and RESPA, as well as state-specific property laws and local ordinances. A well-drafted Real Estate Agreement protects all parties' interests while ensuring legal compliance and providing clear remedies in case of default. It typically includes various contingencies such as financing, inspection, and title requirements, making it adaptable to different transaction types and circumstances.

What sections should be included in a Real Estate Agreement?

1. Parties: Identification and details of all parties involved in the transaction

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: Amount and payment terms

6. Closing Terms: Details of closing process and requirements

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

8. Default and Remedies: Consequences of breach and available remedies

What sections are optional to include in a Real Estate Agreement?

1. Financing Contingency: Terms related to buyer's ability to obtain financing - used when buyer requires mortgage financing

2. Inspection Contingency: Terms related to property inspection rights - used when buyer wants right to inspect property

3. Property Management: Terms for ongoing property management - used for investment properties or commercial real estate

What schedules should be included in a Real Estate Agreement?

1. Property Description Schedule: Detailed legal description of property

2. Fixture and Fittings Schedule: List of included/excluded items

3. Title Documents: Copies of relevant title documents

4. Property Disclosure Statement: Seller's disclosures about property condition

5. Environmental Reports: Environmental assessment reports and findings, typically required for commercial properties

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses




































Industries

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

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms in financing arrangements for real estate transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures about real estate transactions and prohibiting certain practices

Americans with Disabilities Act (ADA): Federal law ensuring accessibility requirements for commercial properties and public accommodations

Interstate Land Sales Full Disclosure Act: Federal law protecting consumers from fraud and abuse in the sale or lease of land

State Property Laws: State-specific legislation governing property rights, transfers, and real estate transactions within the state jurisdiction

State Real Estate Licensing Requirements: State-specific regulations governing real estate professional licensing and conduct

State Disclosure Requirements: State-mandated disclosures about property condition, defects, and other material facts

State Recording Statutes: State laws governing the recording of real estate documents and establishing priority of interests

State Landlord-Tenant Laws: State-specific legislation governing the relationship between property owners and tenants

State Environmental Regulations: State-specific environmental protection requirements affecting real estate transactions

Local Zoning Ordinances: Municipal regulations controlling land use and development within specific zones

Building Codes: Local and state regulations establishing minimum standards for construction and building safety

HOA Regulations: Rules and restrictions imposed by Homeowners Associations affecting property use and maintenance

Historic Preservation Laws: Federal, state, and local regulations protecting historically significant properties

Property Tax Regulations: Local and state laws governing property tax assessment, collection, and obligations

Title Requirements: Legal requirements for establishing and transferring clear title to real property

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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