Real Estate Purchase Agreement Template, Free Download 2026

This Real Estate Purchase Agreement (the "Agreement") is made and entered into as of [____________] by and between [____________] ("Seller") and [____________] ("Buyer"). Seller agrees to sell and convey, and Buyer agrees to purchase, the real property located at [____________], County of [____________], State of [____________], together with all buildings, structures, improvements, fixtures, and appurtenances thereon, and all of Seller's right, title, and interest in all rights, privileges, and easements appurtenant thereto (collectively, the "Property"), as more particularly described in Exhibit A attached hereto.

The Property includes the following items of personal property, which shall be conveyed to Buyer by bill of sale at Closing at no additional cost: [____________]. The following items are specifically excluded from this sale: [____________]. The Property is identified by Tax Parcel Number [____________] and is currently [occupied by Seller / occupied by tenant(s) / vacant]. Seller represents that the Property is a [single-family residence / multi-family dwelling / condominium / townhouse / other: ____________] and consists of approximately [____________] square feet of living area on a lot of approximately [____________] square feet.

The total purchase price for the Property shall be [$__________] (the "Purchase Price"), payable as follows: (a) Earnest Money Deposit of [$__________] as set forth in Article 3; (b) any additional deposit(s) required under this Agreement; and (c) the balance of the Purchase Price, subject to adjustments and prorations, payable at Closing by wire transfer of immediately available funds, certified check, or cashier's check. The Purchase Price [is / is not] contingent upon the appraised value of the Property as set forth in Section 4.2.

Within [number] business days of the effective date of this Agreement, Buyer shall deliver an earnest money deposit in the amount of [$__________] (the "Earnest Money") to [____________] ("Escrow Agent"), to be held in an escrow account in accordance with the terms of this Agreement. The Earnest Money shall be applied toward the Purchase Price at Closing. If Buyer fails to timely deliver the Earnest Money, Seller may terminate this Agreement by written notice to Buyer.

The Earnest Money shall be refundable to Buyer if this Agreement is terminated during any applicable contingency period as provided herein. The Earnest Money shall become non-refundable upon the expiration or waiver of all contingencies, except in the event of Seller's default. If Buyer defaults after all contingencies have been satisfied or waived, Seller shall be entitled to retain the Earnest Money as liquidated damages, which the Parties agree is a fair and reasonable estimate of Seller's actual damages and is not a penalty. This provision shall not limit Seller's right to recover attorneys' fees as provided in Section 10.2.

This Agreement is contingent upon Buyer obtaining a commitment for [conventional / FHA / VA / USDA / other: ____________] mortgage financing in the amount of [$__________] (the "Loan"), at an interest rate not exceeding [____________] percent ([___]%) per annum, for a term of [____________] years, with monthly payments not exceeding [$__________] (the "Financing Contingency"). Buyer shall apply for the Loan within [number] business days of the effective date and shall diligently pursue obtaining a commitment. Buyer shall promptly provide Seller with evidence of loan application and shall keep Seller informed of the status of the Loan.

If Buyer is unable to obtain a loan commitment satisfying the terms of Section 4.1 within [number] days of the effective date (the "Financing Contingency Period"), Buyer may terminate this Agreement by delivering written notice to Seller prior to the expiration of the Financing Contingency Period, together with written evidence from the lender of the denial or inability to obtain financing, and the Earnest Money shall be refunded to Buyer. If Buyer does not deliver a termination notice prior to the expiration of the Financing Contingency Period, the Financing Contingency shall be deemed waived. If the Property appraises for less than the Purchase Price, Buyer may: (a) proceed to Closing paying the difference in cash; (b) negotiate a reduced Purchase Price with Seller; or (c) terminate this Agreement and receive a refund of the Earnest Money.

Seller shall, at [Seller's / Buyer's] expense, deliver to Buyer within [number] days of the effective date a commitment for an owner's policy of title insurance (the "Title Commitment") in the amount of the Purchase Price, issued by a title insurance company acceptable to Buyer, together with legible copies of all documents constituting exceptions to title. Buyer shall have [number] days after receipt of the Title Commitment to examine the same and to deliver written notice to Seller of any objections to matters disclosed therein (the "Title Objection Notice").

Seller shall have [number] days after receipt of the Title Objection Notice to cure the objected-to matters. If Seller is unable or unwilling to cure any title objection, Buyer may: (a) waive the objection and proceed to Closing, accepting title subject to such matter; (b) terminate this Agreement and receive a full refund of the Earnest Money; or (c) cure the defect at Buyer's expense and deduct such cost from the Purchase Price with Seller's written consent. At Closing, Seller shall convey marketable and insurable fee simple title to the Property by general warranty deed, free and clear of all liens, encumbrances, and defects except for Permitted Exceptions as approved by Buyer.

Buyer shall have [number] days from the effective date (the "Inspection Period") to conduct, at Buyer's expense, such inspections, tests, and investigations of the Property as Buyer deems necessary, including without limitation: (a) a general home inspection by a licensed inspector; (b) pest and termite inspection; (c) radon testing; (d) mold testing; (e) lead-based paint inspection (if applicable); (f) septic system inspection; (g) well water testing; (h) structural and engineering evaluation; and (i) any other inspections Buyer deems appropriate. Seller shall provide reasonable access to the Property for all inspections upon reasonable notice.

If the inspections reveal defects or conditions unacceptable to Buyer, Buyer shall deliver written notice to Seller prior to the expiration of the Inspection Period specifying the defects and either: (a) requesting that Seller repair or remedy the specified defects prior to Closing, at Seller's expense; (b) requesting a reduction in the Purchase Price; or (c) terminating this Agreement and receiving a full refund of the Earnest Money. If Buyer requests repairs, Seller shall respond in writing within [number] days, and if the Parties cannot reach agreement, either Party may terminate this Agreement. If Buyer does not deliver a notice of defects prior to the expiration of the Inspection Period, Buyer shall be deemed to have accepted the Property in its present condition.

The Closing shall take place on or before [____________] (the "Closing Date"), at the office of the title company or at such other location as the Parties may agree. At Closing, Seller shall deliver: (a) a duly executed general warranty deed; (b) a seller's affidavit and FIRPTA affidavit; (c) all keys, garage door openers, and access devices; (d) the property disclosure statement required by applicable state law; (e) a bill of sale for any included personal property; and (f) such other documents as are customarily required to consummate the transaction in the jurisdiction in which the Property is located.

At Closing, Buyer shall deliver the balance of the Purchase Price and execute all documents required by Buyer's lender and the title company. The following items shall be prorated as of the Closing Date: real property taxes, assessments, homeowners association dues, prepaid insurance premiums (if policy is assumed), utility charges, rents (if applicable), and any other items customarily prorated. Closing costs shall be allocated as follows: Seller shall pay [____________]; Buyer shall pay [____________]; transfer taxes shall be [split equally / paid by Seller / paid by Buyer]. Possession shall be delivered to Buyer at Closing [or on ____________].

Seller represents and warrants to Buyer that: (a) Seller is the lawful owner of the Property with full authority to sell; (b) there are no undisclosed liens, encumbrances, or assessments against the Property; (c) the Property complies with all applicable zoning, building, and environmental laws; (d) all mechanical systems, appliances, and structural components are in working order as of the date hereof; (e) there are no pending or threatened actions, suits, or proceedings affecting the Property; (f) Seller has disclosed all known material defects in the Property Disclosure Statement; and (g) the information provided in the Property Disclosure Statement is true and correct.

Seller further represents that: (a) the Property is not located in a designated flood zone, or if it is, Seller has disclosed this fact; (b) Seller has not received notice of any planned changes to the zoning or use of adjacent properties; (c) there are no boundary disputes or encroachments known to Seller; (d) all additions and improvements to the Property were made with required permits and are in compliance with building codes; and (e) there are no hazardous materials on the Property known to Seller. These representations and warranties shall survive Closing for a period of [number] months from the Closing Date.

Risk of loss or damage to the Property shall remain with Seller until Closing. If the Property is materially damaged prior to Closing, Buyer may: (a) terminate this Agreement and receive a full refund of the Earnest Money; or (b) proceed to Closing with an assignment of Seller's insurance proceeds and a reduction of the Purchase Price by the amount of any deductible. Seller shall maintain all existing insurance on the Property through the Closing Date and shall not cancel or reduce coverage without Buyer's prior written consent.

Seller shall maintain the Property in its present condition, normal wear and tear excepted, from the effective date through the Closing Date. Seller shall not make any material alterations to the Property or enter into any contracts or agreements affecting the Property without Buyer's prior written consent. Seller shall not remove any fixtures, improvements, or personal property included in this sale. Buyer shall have the right to conduct a final walk-through inspection of the Property within [number] days prior to Closing to verify that the Property is in the condition required by this Agreement.

If Buyer defaults under this Agreement after all contingencies have been satisfied or waived, Seller may retain the Earnest Money as liquidated damages, which shall be Seller's sole and exclusive remedy, except that Seller shall retain the right to recover reasonable attorneys' fees. If Seller defaults under this Agreement, Buyer may: (a) terminate this Agreement, receive a full refund of the Earnest Money, and recover Buyer's actual documented expenses, not to exceed [$__________]; (b) seek specific performance; or (c) pursue any other remedies available at law or in equity.

The prevailing Party in any litigation arising from this Agreement shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing Party. If either Party fails to perform any obligation under this Agreement, the non-defaulting Party shall give written notice of default, and the defaulting Party shall have [number] days from receipt of such notice to cure the default. No waiver of any default shall constitute a waiver of any subsequent default.

This Agreement shall be governed by the laws of the state in which the Property is located. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in the county in which the Property is situated. This Agreement constitutes the entire agreement of the Parties with respect to the sale and purchase of the Property and supersedes all prior negotiations, representations, and agreements. Time is of the essence with respect to all dates and deadlines set forth herein.

This Agreement may not be amended except by written instrument signed by both Parties. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. All notices shall be in writing and deemed given when delivered personally, by overnight courier, or by certified mail, return receipt requested. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Buyer may assign this Agreement only with Seller's prior written consent.

Seller and Buyer each represent that they have not dealt with any real estate broker or agent in connection with this transaction other than [____________] (representing [Seller/Buyer]) and [____________] (representing [Seller/Buyer]). Broker commissions shall be payable by [Seller/Buyer] in accordance with separate brokerage agreements. Each Party shall indemnify the other against any claims for brokerage fees or commissions by any broker or agent claiming through such Party. This Agreement may be executed in counterparts, each of which shall be deemed an original.