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Basic Real Estate Purchase Agreement Template for United States

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Key Requirements PROMPT example:

Basic Real Estate Purchase Agreement

"I need a Basic Real Estate Purchase Agreement for buying a single-family home in California, with specific contingencies for property inspection and mortgage financing, and the closing date needs to be March 15, 2025."

Document background
The Basic Real Estate Purchase Agreement serves as the foundational document for real estate transactions in the United States. This agreement is essential when any party wishes to buy or sell real property, whether residential or commercial. It incorporates state-specific requirements and federal regulations while providing a clear framework for the transaction. The document typically includes property description, purchase price, earnest money details, contingencies, and closing requirements. It's designed to protect both buyers and sellers while ensuring compliance with applicable laws and regulations. Real estate professionals commonly use this type of agreement as a starting point for negotiations, adding specific terms as needed for particular transactions.
Suggested Sections

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

2. Background: Brief context of the transaction and property being sold

3. Definitions: Key terms used throughout the agreement

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

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

6. Closing and Possession: Closing date, location, and possession transfer details

7. Title and Due Diligence: Requirements for clear title and inspection period

8. Representations and Warranties: Standard declarations by both parties regarding property and authority to sell/buy

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

Optional Sections

1. Financing Contingency: Terms related to buyer's ability to obtain mortgage financing

2. Property Condition: Specific details about property condition and any required repairs

3. HOA Provisions: Details about homeowners association rules, fees, and requirements

4. Rental Property Provisions: Details about existing tenants and lease agreements

5. Foreign Seller Provisions: FIRPTA compliance details for foreign sellers

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of included fixtures and personal property

2. Schedule B - Title Exceptions: List of title exceptions and encumbrances

3. Schedule C - Property Disclosure Statement: Seller's disclosure of property condition and known defects

4. Schedule D - Environmental Reports: Environmental assessments and reports if applicable

5. Schedule E - Survey: Property survey and plot plan

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 that provides homebuyers and sellers with information about real estate settlement costs and prohibits abusive practices in the real estate settlement process

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 requiring developers to provide detailed information about their development projects to potential buyers

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 regulations governing property rights, transfers, and obligations within the state's jurisdiction

State Real Estate Licensing Laws: State-specific requirements for real estate professionals involved in property transactions

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

State Recording Laws: State requirements for recording and registering property transactions and related documents

Statute of Frauds: Legal principle requiring real estate contracts to be in writing to be enforceable

Local Zoning Laws: Municipal or county regulations governing property use and development

Property Tax Laws: Federal, state, and local tax regulations affecting real estate ownership and transfers

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

HOA Regulations: Rules and restrictions imposed by Homeowners Associations, if applicable to the property

Building Codes: Local construction and safety standards that must be met by residential properties

Contract Essential Elements: Key components including property description, purchase price, payment terms, earnest money, closing date, contingencies, and remedies

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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