The Real Estate Offer To Purchase is a crucial document in U.S. property transactions that initiates the formal buying process. It is used when a prospective buyer wishes to present a formal offer to purchase real property, whether residential or commercial. The document includes essential elements such as property description, purchase price, earnest money details, contingencies, and proposed closing date. It must comply with federal regulations like the Fair Housing Act and state-specific real estate laws. This document typically serves as the foundation for negotiations and, once accepted, becomes the basis for the final purchase agreement.
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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 identification
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed legal description of the property being purchased
5. Purchase Price: Amount offered and payment terms
6. Earnest Money: Details of deposit amount and terms
7. Closing Date: Proposed date of closing and transfer of ownership
8. Signatures: Execution block for all parties
1. Financing Contingency: Terms related to buyer obtaining financing - include when buyer requires mortgage financing
2. Inspection Contingency: Terms related to property inspection rights - include when buyer wants right to inspect property
3. Sale Contingency: Condition that buyer must sell existing property - include when buyer needs to sell current property first
4. Personal Property Inclusion: List of items included in sale - include when specific items are being included in sale
5. Lead Paint Disclosure: Federal required disclosure for pre-1978 properties - include for properties built before 1978
1. Schedule A: Detailed legal property description
2. Schedule B: List of included personal property
3. Schedule C: Property disclosure statement
4. Appendix 1: Property inspection report (if completed)
5. Appendix 2: Title report or commitment
6. Appendix 3: Environmental assessments (if applicable)
Relevant legal definitions
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