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Residential Real Estate Purchase Agreement for the United States

Residential Real Estate Purchase Agreement Template for United States

A Residential Real Estate Purchase Agreement is a legally binding contract used in the United States that outlines the terms and conditions for the sale and purchase of residential property. This document includes crucial details such as purchase price, closing date, contingencies, and both parties' rights and obligations. It complies with federal regulations including the Fair Housing Act and RESPA, while also incorporating state-specific requirements for property transactions.

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What is a Residential Real Estate Purchase Agreement?

The Residential Real Estate Purchase Agreement serves as the primary legal instrument for residential property transactions in the United States. This document is essential when any party wishes to buy or sell residential real estate, providing a comprehensive framework for the transaction. It includes critical elements such as property description, purchase price, closing terms, contingencies, and required disclosures. The agreement must comply with both federal and state-specific real estate laws, making it a crucial tool for ensuring legal compliance and protecting all parties' interests in the transaction.

What sections should be included in a Residential Real Estate Purchase Agreement?

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 agreement

4. Property Description: Detailed legal description of the property and included fixtures/items

5. Purchase Price: Amount and payment terms, including earnest money details

6. Closing: Closing date, location, and requirements

7. Title: Title requirements and insurance provisions

8. Representations and Warranties: Standard seller and buyer representations

9. Default and Remedies: Consequences of default by either party

10. Notices: How formal communications should be made between parties

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

1. Financing Contingency: Terms for buyer's financing requirements when mortgage financing is needed

2. Inspection Contingency: Terms for property inspection rights when buyer wants to inspect property

3. Sale Contingency: Contingency on sale of buyer's current property when buyer needs to sell existing property

4. Tenant Rights: Provisions regarding existing tenants when property is currently tenant-occupied

What schedules should be included in a Residential Real Estate Purchase Agreement?

1. Property Disclosure Statement: Seller's disclosure of property condition and known defects

2. Lead-Based Paint Disclosure: Required disclosure for properties built before 1978

3. Inventory of Included Items: List of fixtures and personal property included in sale

4. Title Documents: Title report and related documentation

5. Survey: Property survey and plot plan

6. HOA Documents: Homeowners association rules and regulations if applicable

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

Purchase Agreement

Cost

Free to use
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Industries

Fair Housing Act: Title VIII of Civil Rights Act of 1968 - Prohibits discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

RESPA: Real Estate Settlement Procedures Act - Governs real estate settlement processes and requires disclosure of settlement costs

TILA: Truth in Lending Act - Requires disclosure of credit terms and costs in real estate transactions

Lead-Based Paint Hazard Reduction Act: Requires disclosure of known lead-based paint hazards in properties built before 1978

State Property Laws: State-specific laws governing real estate transactions and property rights

State Contract Laws: State requirements for valid contracts including Statute of Frauds requiring real estate contracts to be in writing

State Disclosure Requirements: Mandatory state-level disclosures including property condition, natural hazards, and material defects

State Licensing Laws: Requirements for real estate agent/broker licensing and legal representation in real estate transactions

Zoning Laws: Local ordinances and use restrictions governing property usage and development

Building Codes: Local compliance requirements and inspection standards for residential properties

Property Tax Laws: Local tax rates, assessments, and property tax regulations

Title Requirements: Provisions for clear title and title insurance requirements in real estate transactions

Financing Provisions: Requirements related to mortgage contingencies and property appraisals

Inspection Rights: Regulations governing inspection periods and rights to terminate based on inspection findings

Environmental Regulations: Laws regarding environmental hazards, wetlands restrictions, and other environmental considerations in real estate transactions

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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