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Property Sale Agreement

Last revision Last revision 02/25/2024
Formats FormatsWord and PDF
Size Size8 to 12 pages
4.8 - 4 votes
Fill out the template

Last revisionLast revision: 02/25/2024

FormatsAvailable formats: Word and PDF

SizeSize: 8 to 12 pages

Rating: 4.8 - 4 votes

Fill out the template

A Property Sale Agreement is a document used between a party, known as the buyer, who wishes to buy a piece of property, and a party, known as the seller, who has a piece of property for sale. This agreement can be made between many types of parties, including individuals, businesses, and trust funds. The agreement is used to outline all of the terms of the sale and can be proposed and written by either the buyer or the seller. In situations where the agreement is proposed by the buyer, a property sale agreement acts as an offer and should be thorough enough that the parties can sign it on the spot to complete the deal.

The creation of the sale agreement is the first step in buying a piece of property, outlining the terms of the sale, but more steps are needed to finalize a legal transfer of the property.

In addition to being used by a seller, this document can also be used by a real estate agent hired by the seller to manage the negotiation and sale of their property. The real estate agent is hired using a Real Estate Agent Agreement and then acts as the intermediary between the buyer and seller, advertising the property to potential buyers and negotiating the terms of the sale which are then written down in the property sale agreement.

To move forward with purchasing property, a property sale agreement is required. This agreement should be used by:

1. A potential buyer of real property

2. A potential seller of real property

3. Someone who needs to define the legal rights of each party to a property sale

4. Someone who would like to outline the respective duties before the transfer of legal title

This property sale agreement can be used for any property purchase or sale, as long as any construction on the property is completed before the closing date of the contract. Without a basic sale agreement, the parties won't have a clear understanding of their rights, possible risks, or any financial implications of those risks. It is also much more difficult to negotiate the scope of each party's liability and enforce their legal rights without a legally binding contract.

A property sale agreement can help prevent lost time, money, and property. Buyers and sellers who do not take the time to create a property sale agreement can suffer consequences such as contingencies not being met before closing, being held liable for fees and breaches, not being paid on time, and needing to pay penalties for improper sale. Using a property sale agreement helps the parties clearly set out their rights and responsibilities, define contingencies for the transaction, and avoid time-consuming legal proceedings.

A property sale agreement is used by the parties to sell a property outright. For situations where a buyer would first like to rent the property as they save up the money to purchase the property, a Residential Rent to Own Agreement or Commercial Rent to Own Agreement should be used, depending on the type of property. These documents outline the buyer and seller's rental agreement for a property and include a clause stating that the buyer will eventually have the option to purchase the property. The parties can also agree to have a portion of the rental payments count towards the purchase price. Once the buyer decides to go through with the purchase, they would then use this property sale agreement to outline the details of the purchase itself.

This document is used specifically for the purchase of a residential or commercial property. To create an agreement regarding a purchase of merchandise, use a Sale of Goods Agreement. To create an agreement regarding the purchase of a car or motorcycle, use a Vehicle Sale Agreement.

How to use this document

This document includes all of the information necessary to create a thorough and comprehensive Property Sale Agreement. This Agreement can be created by either the buyer or the seller, but its terms must be agreed to and signed by both parties. The document includes various options to tailor the Agreement to meet the parties' needs.

The Agreement allows the Parties to specify the following important details that will guide the purchase and their buyer/seller relationship:

  • Name and contact information for both Parties
  • Description of the type of property being sold, using its legal description, and the location of the property
  • Disclosures that may affect the value of the property, such as liens or environmental hazards
  • Purchase price for the property and the amount that will be paid upfront as an earnest money deposit (i.e. a sum of money put down by the buyer to demonstrate their seriousness about buying a property delivered when the sale agreement is signed), as well as any contingencies to the purchase, such as securing financing and getting a valuation of the property that is equal to or greater than the purchase price
  • Responsibilities that must be fulfilled by each party under this Agreement, such as securing title insurance, having an inspection done, and curing any issues with the property that arise during the inspection prior to the closing
  • Date and location of the closing, as well as which party will be responsible for paying any fees associated with the closing, such as transfer fees or property gains taxes

Once the parties draft a property sale agreement whose terms they can both agree to, they should print out the agreement and sign it. This agreement should be kept on file by both parties prior to the closing of the sale, as well as for a reasonable period of time thereafter.

The parties may then proceed with the terms of the sale and closing, finalizing the purchase by transferring the title to the property from the seller to the buyer and submitting all documentation and other information requested by the title company and/or escrow agent necessary to finalize the transaction. To find more details about where and how these documents should be registered, please consult the city or state government website of the area where the property is located.

Applicable law

As with most contracts related to the sale or leasing of property, a Property Sale Agreement is primarily controlled by the laws of each individual state. The laws governing the sale and leasing of property depend on the state where the property is located. The Environmental Protection Agency, which is part of the federal government, dictates the disclosure of the presence of lead-based paint in the sale or rental of residential homes in all states. Distinct from that, however, required disclosures and sale terms will be based on the laws of the state, and sometimes city or county, where the property is located.

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