Documents / Real Estate
Real Estate Purchase Agreement
A binding contract to buy and sell residential real property — price, earnest money, financing, contingencies, and closing.
Time
~18 min
Questions
29
Steps
6
Export
PDF · Word
You will answer guided questions with a live preview, then export, share, or send for e-signature. Free during launch.
What we will cover
- 01
Seller & Buyer
- 02
The Property
- 03
Price & Financing
- 04
Contingencies
Contingencies let the Buyer cancel and recover the earnest money if a condition isn't met.
- 05
Closing & Costs
- 06
Disclosures & Legal Details
- 07
Review and generate
AI review, edits, export, and e-signature.
About this document
A real estate purchase agreement is the binding contract between buyer and seller for a home. It sets the price, the earnest money and who holds it, how the purchase is financed, which fixtures and appliances stay, the closing date, when the buyer takes possession, and how closing costs are divided. Once both sides sign, this is the document the lender and title company work from, and everything afterward is performance against its deadlines.
Contingencies are the buyer's exits — inspection, appraisal, financing, title — and each one carries a date. Miss the date and the contingency is generally treated as waived, putting the earnest money at risk. Disclosure duties vary by state, with most requiring a seller's property disclosure statement, and the federal lead-paint rule applying to homes built before 1978. A few states require an attorney at closing, and several give a short attorney-review window after signing.
Common questions
Is a real estate purchase agreement binding as soon as both parties sign?+
Yes — a signed agreement is enforceable, subject to the contingencies written into it. A few states add a short attorney-review or rescission window during which either side can cancel, which is worth confirming before you treat the deal as locked. Contracts for real property must be in writing to be enforceable, so nothing agreed verbally survives on its own.
What happens to the earnest money if the sale falls through?+
It depends on why. If the buyer cancels within a live contingency and follows the notice steps, the deposit is normally refunded; if the buyer walks after those deadlines have passed, the seller can usually keep it as liquidated damages. The escrow agent generally will not release the funds without written instructions signed by both parties or a court order, so a dispute freezes the money.
Do I need a real estate attorney to buy or sell a house?+
Several states require an attorney to prepare the documents or attend the closing; elsewhere it is optional. Even where optional, an attorney earns their fee when there is seller financing, an inherited or jointly owned property, known defects, or an unrepresented party across the table. For a routine sale with agents and a title company, many buyers and sellers proceed without one.
General information, not legal advice — laws vary by state and change over time.
Related documents
Residential Lease Agreement
A complete lease for renting a house, apartment, or condo — rent, deposit, utilities, pets, maintenance, and more.
Commercial Lease Agreement
Lease office, retail, or industrial space to a business — rent structure, escalations, maintenance, insurance, and remedies.
Roommate Agreement
Set house rules between co-tenants — rent shares, utilities, chores, guests, and what happens when someone moves out.