Is a purchase agreement the same as a sales contract?

Yes. A U.S. real estate purchase agreement, purchase and sale agreement, and real estate sales contract are different names for the same document. The terminology varies by American state: some use "purchase agreement," others use "contract of sale" or "purchase and sale agreement." Regardless of the name, the document serves the same legal purpose.

What contingencies should I include?

The most common U.S. contingencies are financing (the buyer must secure mortgage approval), inspection (the buyer can have the property professionally inspected), appraisal (the property must appraise at or above the purchase price), and title (the American seller must provide clear title). Depending on your situation, you may also want contingencies for the sale of the buyer's current home, HOA document review, or environmental assessments.

What happens to the earnest money if the deal falls through?

If the U.S. buyer cancels within a valid contingency period, the earnest money is typically returned in full. If the American buyer defaults without a valid contingency, the seller may be entitled to keep the earnest money as liquidated damages. The specific rules depend on the terms of the agreement and the applicable state law. The earnest money is held by a neutral third party until the transaction closes or is terminated.

Do I need a real estate attorney for a purchase agreement?

Requirements vary by state. In some U.S. states, such as New York, Massachusetts, and Connecticut, an attorney must be involved in American real estate transactions. In other U.S. states, the transaction can be handled by a title company or closing agent without attorney involvement. Even where not legally required, consulting an American real estate attorney is recommended for complex transactions or high-value properties.

Can I use this template for commercial real estate?

This template is designed primarily for residential real estate transactions. Commercial real estate deals typically involve additional provisions such as environmental assessments, zoning compliance, commercial lease assignments, and more complex due diligence. While the basic structure applies, commercial transactions should use a template specifically designed for commercial properties or be reviewed by a commercial real estate attorney.

What is the difference between closing and possession?

Closing is the date when the legal transfer of ownership occurs: documents are signed, funds are transferred, and the deed is recorded. Possession is when the buyer physically takes control of the property. In most transactions, possession transfers at closing. However, the parties can agree to different arrangements, such as the seller staying in the property after closing or the buyer taking early possession before closing.

Is a purchase agreement enforceable without notarization?

In most U.S. states, a real estate purchase agreement does not need to be notarized to be enforceable between the American parties. The agreement becomes binding when both the U.S. buyer and seller sign it. However, the deed that transfers ownership at closing must be notarized and recorded with the American county. Some U.S. states may require notarization for certain related documents, so check your local requirements.

Rental & Real EstateUnited States

Free Real Estate Purchase Agreement Template

A professionally structured purchase agreement for US residential property transactions. Fill in your details, customize contingencies, and download a professional PDF in minutes.

Create Your Real Estate Purchase Agreement

Free to useInstant PDFNo account required

REAL ESTATE PURCHASE AGREEMENT

State Of Texas

SELLER

John A. Smith

123 Main Street, Dallas, TX 75201

By: (555) 000-0001, seller@email.com

BUYER

Jane B. Doe

456 Oak Avenue, Dallas, TX 75202

By: (555) 000-0002, buyer@email.com

789 Elm Street, Dallas, Texas, 75203

Single-family residence

This Real Estate Purchase Agreement ("Agreement") is entered into by and between John A. Smith ("Seller") and Jane B. Doe ("Buyer"), collectively referred to as the "Parties."

PROPERTY DESCRIPTION

Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the following described real property ("Property"): a single-family residence located at 789 Elm Street, Dallas, Texas, 75203, in the County of Dallas, legally described as: Lot 5, Block 12, Sunset Hills Subdivision, as recorded in Volume 234, Page 56 of the Official Records of Dallas County, Texas, together with all improvements, appurtenances, and fixtures thereon, unless specifically excluded herein.

INCLUDED FIXTURES AND APPLIANCES

The following fixtures, appliances, and personal property are included in the sale and shall be transferred to Buyer at closing in their present condition: Refrigerator, dishwasher, washer/dryer, ceiling fans, window blinds, built-in shelving, garage door opener. All items permanently attached to the Property shall be considered part of the real property and included in this sale unless specifically excluded in writing.

SELLER REPRESENTATIONS

Seller represents and warrants that: (a) Seller is the lawful owner of the Property and has full authority to convey the same; (b) the Property is free and clear of all liens and encumbrances except as disclosed herein; (c) there are no pending or threatened legal actions affecting the Property; and (d) all systems and appliances are in working condition as of the date of this Agreement. Seller shall timely deliver any written property condition or material-fact disclosures required under applicable state seller-disclosure statutes (e.g., Cal. Civ. Code §§1102-1102.17 Transfer Disclosure Statement; N.Y. Real Prop. Law §462 Property Condition Disclosure; equivalent statutes in other states), and shall disclose known material facts that would affect the Property's value or desirability, consistent with Reed v. King, 145 Cal. App. 3d 261 (1983), and comparable authorities on duty to disclose.

WRITING REQUIREMENT (STATUTE OF FRAUDS)

The Parties acknowledge that, under the Statute of Frauds as enacted in Texas (e.g., Cal. Civ. Code §1624; N.Y. Gen. Oblig. Law §5-703; Tex. Bus. and Com. Code §26.01; and equivalent statutes in other U.S. jurisdictions), a contract for the sale of real property or any interest therein must be in writing and signed by the party to be charged. This Agreement, together with any written addenda executed by both Parties, constitutes the writing required by law and any oral modification hereof shall be unenforceable.

FAIR HOUSING AND NON-DISCRIMINATION

The Parties acknowledge their obligations under the federal Fair Housing Act, 42 U.S.C. §§3601-3619, and implementing regulations at 24 C.F.R. Parts 100-125, and under applicable state and local fair housing laws. No Party shall discriminate in the sale, negotiation, or conveyance of the Property on the basis of race, color, religion, sex (including gender identity and sexual orientation), national origin, familial status, disability, or any other protected characteristic.

PURCHASE PRICE AND FINANCING

The total purchase price for the Property shall be $350,000.00 ("Purchase Price").

Earnest Money Deposit: Buyer shall deposit $10,000.00 as earnest money within three (3) business days of the execution of this Agreement.

Financing: Conventional mortgage loan. Loan amount: $280,000.00. Down payment: $70,000.00.

Appraisal Contingency: This Agreement is contingent upon the Property appraising at or above the Purchase Price. If the appraised value is less than the Purchase Price, Buyer may terminate this Agreement and receive a full refund of the earnest money deposit.

RESPA and TILA-RESPA Integrated Disclosure (TRID). Because the financing contemplated herein is a federally-related mortgage loan, the transaction is subject to the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§2601-2617, and its implementing regulation, Regulation X, 12 C.F.R. Part 1024 (including §1024.37 regarding force-placed insurance and related disclosures), and to the Truth in Lending Act integrated disclosure requirements at 12 C.F.R. §1026.19. Buyer's lender shall deliver the Loan Estimate and Closing Disclosure within the time periods required thereunder, and Buyer shall have the right to review the Closing Disclosure at least three (3) business days before consummation.

INSPECTIONS

Buyer shall have 10 days from the effective date to conduct the following inspections at Buyer's expense: General Home Inspection, Pest/Termite Inspection.

If inspections reveal material defects, Buyer may: (a) request Seller to make repairs; (b) accept the Property in its current condition; or (c) terminate this Agreement and receive a full refund of the earnest money deposit.

Repair Cap: Seller's maximum obligation for repairs shall not exceed $5,000.00.

TITLE AND DISCLOSURES

Seller shall convey marketable title to the Property by general warranty deed. Title Insurance: Standard coverage title insurance policy shall be provided.

FIRPTA Withholding. If Seller is a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act, Buyer or the closing agent shall withhold and remit tax under IRC §1445 (generally fifteen percent (15%) of the amount realized), unless a statutory exemption or reduced-withholding certificate applies. Seller shall execute a non-foreign affidavit under IRC §1445(b)(2) at or before closing if applicable.

Like-Kind Exchange Cooperation. Either Party may assign its rights (but not its obligations) under this Agreement to a qualified intermediary for purposes of completing a like-kind exchange under Internal Revenue Code §1031 (which, following the Tax Cuts and Jobs Act, is limited to exchanges of real property held for productive use in a trade or business or for investment). The non-exchanging Party shall cooperate in executing customary exchange documents at no additional cost or liability.

CLOSING

Closing shall take place on or before 2026-08-15. Closing shall be conducted by First American Title Company.

Closing Costs: Closing costs shall be split between the Parties as customary in the local market. Closing shall be conducted in accordance with local custom (whether attorney-state or escrow/title-company-state practice) and with settlement services complying with RESPA, 12 U.S.C. §§2601-2617, and implementing Regulation X (12 C.F.R. Part 1024). Title insurance commitments and policies shall be issued on current ALTA forms to the extent customarily used in the jurisdiction.

10.

DEFAULT AND REMEDIES

In the event of Buyer's default, Seller shall be entitled to retain the earnest money deposit as liquidated damages. In the event of Seller's default, Buyer shall be entitled to a full refund of the earnest money deposit and may seek actual damages.

11.

DISPUTE RESOLUTION

Any dispute arising under this Agreement shall be resolved through litigation in the courts of the State of Texas.

12.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

13.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements, written or oral. This Agreement may not be amended except by a written instrument signed by both Parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

SELLER

John A. Smith

Date: ____________________

BUYER

Jane B. Doe

Date: ____________________

What Is a Real Estate Purchase Agreement?

A real estate purchase agreement is a legally binding contract between a U.S. buyer and a seller that establishes the terms and conditions for the sale of residential property. It covers the purchase price, earnest money deposit, financing arrangements, contingencies, closing procedures, and the responsibilities of each American party from the date the offer is accepted through the closing date.

In the United States, real estate purchase agreements are governed by U.S. state contract law. Every American state has its own requirements for disclosures, inspection periods, and closing procedures. Despite these differences, the core elements remain consistent: identification of the parties and the property, the agreed price, the method of payment, a timeline for closing, and the conditions that must be satisfied before the sale is finalized.

Whether you are an American buyer purchasing your first home, selling an investment property, or handling a for-sale-by-owner transaction, a well-drafted U.S. purchase agreement protects both the buyer and the seller by clearly documenting the deal terms and providing legal recourse if either party fails to perform.

What's Covered in This Template

Doxuno's real estate purchase agreement template covers all essential clauses for a standard US residential property transaction, with optional sections for more complex deals.

Parties & Property Description

Purchase Price & Earnest Money

Financing Terms

Inspection Contingency

Appraisal Contingency

Title & Survey

Closing & Possession

Seller Disclosures

Default & Remedies

Fixtures & Personal Property

HOA & Special Assessments

Governing Law & Dispute Resolution

How to Create Your Real Estate Purchase Agreement

Doxuno's template guides you through every section so you can produce a complete purchase agreement in minutes.

1
Identify the parties and property
Enter the full legal names and addresses of the buyer and seller. Provide the property address, legal description, parcel number, and county. If fixtures or personal property are included in the sale, list those items separately.
2
Set the purchase price and earnest money
Enter the total purchase price and the earnest money deposit amount. Specify the escrow agent or title company that will hold the deposit, and set the deadline for the buyer to deliver the funds.
3
Define financing and contingencies
Select the financing method: conventional mortgage, FHA loan, VA loan, cash purchase, or seller financing. Add contingencies for financing approval, home inspection, appraisal, and title search, each with its own deadline.
4
Set closing date and possession terms
Choose the closing date and specify when the buyer takes possession. Include details about prorated expenses like property taxes, HOA dues, and utility charges. Name the title company or closing attorney handling the transaction.
5
Review disclosures and download
Add any required seller disclosures such as lead-based paint notices or property condition reports. Review the completed agreement for accuracy, then download it as a professional PDF ready for both parties to sign.

Legal Considerations for US Real Estate Purchase Agreements

Real estate transactions are governed by state law, so requirements vary significantly across the country. Here are key considerations to keep in mind when using this template.

This template is provided for informational purposes and does not constitute legal advice. For high-value transactions, complex situations, or if you are unsure about your state's specific requirements, consult a licensed real estate attorney in your jurisdiction.

Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard residential real estate transactions.

Attorney-Required States

Several U.S. states require that a licensed attorney be involved in real estate closings. These include New York, Massachusetts, Connecticut, Delaware, Georgia, South Carolina, and parts of other American states. In these jurisdictions, this template can serve as a starting point, but a U.S. attorney should review the final document before signing.

Disclosure Requirements

U.S. federal law requires sellers to disclose known lead-based paint hazards in homes built before 1978. Beyond that, most American states have their own seller disclosure requirements covering property defects, environmental hazards, flood zones, HOA obligations, and more. California, Texas, and New York have particularly detailed disclosure forms. Always check your U.S. state's specific disclosure requirements.

Earnest Money and Escrow

Earnest money deposit amounts and escrow procedures vary by local custom and U.S. state law. In competitive American markets, larger deposits demonstrate buyer commitment. The deposit is typically held by a U.S. title company, escrow agent, or closing attorney. If the buyer defaults, American state law determines whether the seller can retain the deposit as liquidated damages.

Statute of Frauds

Under the U.S. statute of frauds, all contracts for the sale of real property must be in writing to be enforceable. Oral agreements to buy or sell American real estate are not enforceable in any U.S. state. This makes a written American purchase agreement essential for every U.S. real estate transaction, regardless of the parties' relationship or the property value.

Frequently Asked Questions

Ready to create your real estate purchase agreement?

Fill in your details and get a professionally formatted U.S. purchase agreement in minutes. Free for American buyers and sellers. No account required for the basic version.

Create Your Real Estate Purchase Agreement Browse All Templates

Free · Instant PDF · No account required