This is only a an example and must be run though a legal department – to become offical legal advice and material for Real Estate Purposes!
Purchase Agreement & Escrow Instructions
Effective Date: ____________________
This Agreement is made between the Seller and the Buyer (together, the “Parties”) for the purchase and sale of the property described below.
1. Basic Terms
1.1 Property Address:
_________________________________
_________________________________
APN: ___________________________
1.2 Legal Description:
To be provided by Escrow Officer via title commitment.
1.3 Included Property:
The land, improvements, fixtures, and any attached personal property on the Property as of the Effective Date.
1.4 Purchase Price:
$_________________________
1.5 Earnest Money (Deposit):
$_________________________ (held by Escrow)
1.6 Close of Escrow (COE):
______________________, 20____
1.7 Escrow Details:
Escrow Company: ___________________________________
Escrow Officer: _____________________________________
Email: _____________________________________________
1.8 Parties:
Seller: __________________________________________
Buyer: __________________________________________
1.9 Inspection Period:
_____ days from the Effective Date.
1.10 Closing Costs Allocation:
Escrow fees: ☐ 50/50 ☐ 100% Buyer
Title policy: ☐ Buyer ☐ Seller
HOA fees (if any): ☐ 50/50 ☐ 100% Buyer
1.11 Additional Terms (if any):
__________________________________________________
__________________________________________________
2. Key Terms
2.1 “As-Is” Sale:
Buyer agrees to purchase the Property in its current condition. Seller will maintain the Property in the same condition through COE.
2.2 Access:
Seller will allow Buyer and their representatives access to the Property for inspections during the Inspection Period.
2.3 Cancellation Rights:
Buyer may cancel in writing during the Inspection Period and receive a full refund of the Deposit.
2.4 Deposit Release Instructions:
If Buyer cancels during the Inspection Period, Escrow is instructed to return the Deposit without requiring further written approval from Seller.
2.5 Title Commitment:
Escrow will provide a title commitment. Seller agrees to clear all liens or encumbrances before closing.
2.6 Prorations & Adjustments:
Property taxes, rents, and other standard charges will be prorated as of COE.
2.7 Closing & Transfer:
Buyer and Seller will sign required documents and transfer title via general warranty deed on or before COE.
2.8 Assignability:
Buyer may assign this Agreement without notice or consent.
2.9 Marketing Rights:
Buyer may market its interest in the Property, including on the MLS. Seller appoints Buyer as their attorney-in-fact solely for the purpose of listing the Property.
2.10 Legal Matters:
If either party defaults, the non-defaulting party may seek legal remedies. If Buyer defaults, Seller keeps the Deposit. The winning party in any dispute may recover attorney’s fees and costs.
2.11 Entire Agreement & Changes:
This Agreement represents the full understanding between the parties. Changes must be in writing and signed.
2.12 Notices:
All notices may be delivered in person, via email, or by mail.
2.13 Governing Law:
This Agreement is governed by the laws of the state where the Property is located.
2.14 Electronic Signatures:
This Agreement may be signed electronically and in counterparts.
2.15 Memorandum of Contract:
Buyer may record a memorandum of this Agreement. Seller’s signature is not required for recording.
2.16 Lead-Based Paint (if applicable):
If the home was built before 1978, Seller will provide required disclosures. Buyer waives the 10-day inspection period for lead-based paint.
2.17 Seller Acknowledgment:
Seller understands Buyer is a real estate investor who may assign this Agreement for profit.
3. Signatures:
SELLER
Signed: __________________________________
Date: ___________________
Name: __________________________________
Contact: __________________________________
BUYER
Company: ________________________________
By: _____________________________________
Title: ____________________________________
Contact: __________________________________
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