A real estate purchase agreement is the contract where a buyer and seller agree on the price and terms for selling a property, before the sale actually closes. This free template is built for one situation: a simple for-sale-by-owner residential sale, where the buyer and seller found each other without agents. It includes the contingencies most buyers need (inspection, financing, appraisal and title) and is written in plain English.

When do you need a real estate purchase agreement?

You need one as soon as a buyer and seller agree on a deal and want to lock it in. Imagine selling your three-bedroom house to your neighbor’s daughter for $315,000. You’ve shaken hands on the price. Now you need to write down the price, the deposit, the closing date, what happens if the inspection turns up a bad roof, and what happens if her mortgage falls through.

Be careful about when this template is the wrong tool:

  • If an agent is involved on either side. Some states require licensed real estate agents to use state-approved forms. Texas, for example, requires license holders to use contract forms approved by the Texas Real Estate Commission, with narrow exceptions. Local realtor associations may have their own standard forms too. If there’s an agent, use the form they’re required to use.
  • If it’s commercial property, land only, a new build, or a sale with seller financing. Those need terms this template doesn’t have.
  • If you’re renting, not selling. Use the residential lease agreement instead.

Even in a for-sale-by-owner deal, paying a real estate attorney for an hour to review the finished agreement is cheap insurance on what’s probably the biggest transaction of the year for both of you.

What should a real estate purchase agreement include?

Here’s what each section of our template does.

Parties and property. Full legal names of buyers and sellers, the street address, and the legal description from the current deed or tax record. The legal description matters more than the street address when title is transferred.

Price and payment. Purchase price, earnest money deposit, and how the rest is paid (loan, cash, or both).

Earnest money. The buyer’s good-faith deposit. The template has it held by a neutral third party, such as a title company, escrow company or attorney, not by the seller. It also says what happens to it if the deal falls apart. Disputes over deposits are common when a sale fails. Maine’s Real Estate Commission, for instance, notes that it has no authority to decide who gets a disputed deposit, which is why clear written terms matter.

Contingencies. Conditions that let the buyer cancel and get the deposit back. Ours covers a home inspection, financing, appraisal, and clear title, each with a deadline. Short, specific deadlines keep the deal moving.

Title and closing. The seller delivers clear title by deed at closing. The template names a title company or attorney to handle the closing, and it has a checkbox for who pays for the owner’s title insurance policy. The CFPB explains that owner’s title insurance protects the homeowner if someone later claims an interest in the home from before the purchase, such as unpaid taxes or a contractor’s lien.

Disclosures. A checkbox for the federal lead paint disclosure and a line for any state-required seller disclosures.

Condition, possession, default, and boilerplate. The property is sold in its current condition apart from agreed repairs, the buyer gets possession at closing, what happens if either side backs out, and permission to sign electronically.

What do you need to check for your state and property?

State forms and rules. Before you use any generic template, check with your state’s real estate commission or a local attorney. Some states have standard forms, and local practice on who runs the closing (a title company, an escrow company or an attorney) varies.

Lead-based paint. For a home built before 1978, the seller must give the buyer the EPA pamphlet, disclose known lead-based paint and hazards and any reports, include a Lead Warning Statement, and give the buyer a 10-day opportunity to test for lead. The parties can agree in writing to lengthen or shorten that period, or the buyer can waive it. Keep the signed disclosure for three years.

Seller disclosure forms. Ask whether your state has a required seller property disclosure form, and attach it if so.

The deed is separate. This agreement doesn’t transfer the house. The deed does, at closing, and it usually has to be notarized before the county will record it. Clark County, Nevada, for example, lists deeds among the documents that must be notarized for recording. Your title company or closing attorney normally prepares the deed.

How do you fill it in and get it signed?

  1. Pull the legal description and parcel number from the current deed or the county property record.
  2. Fill in price, deposit, deadlines and the closing company. Contact the title company first so you can name them correctly.
  3. Tick the contingency and disclosure boxes, and attach the lead disclosure (for pre-1978 homes) and any state disclosure form.
  4. The buyer signs first, as the offer. The seller signs to accept. If the seller changes any terms, both sides initial or sign the revised version.
  5. Send the signed agreement and the deposit to the title company or escrow holder.

E-signing the purchase agreement is generally fine. Real estate contracts aren’t among the federal ESIGN Act’s exceptions. What’s different is what happens at closing: the deed and other recorded documents have to meet the county recorder’s requirements, and those often mean notarization, either in person or through a remote process where your state allows one. Our article on documents you can’t sign electronically goes into the details.

Download it, fill in the blanks, and send it for e-signature with any tool you like. (This is the job we’re building SignWren to do; you can join the waitlist.)

This template and guide are general information, not legal advice. For a specific sale or dispute, talk to a real estate lawyer licensed where the property is.