casemark/residential-purchase-agreement

Residential Purchase Agreement

Drafts a residential purchase agreement governing the sale and transfer of residential real property between buyer and seller.

Prerequisites

Collect before drafting:

1. Parties — full legal names (seller per recorded deed; buyer as intended on new deed), addresses, contact info, ownership form (joint tenants, tenants in common, community property, trust)
2. Property — street address, legal description, APN/tax ID, survey if available
3. Deal terms — purchase price, earnest money amount, financing type, contingency periods, closing date
4. Prior documents — LOI, negotiation correspondence, existing disclosures, HOA docs, title docs
5. Jurisdiction — state and county (drives disclosure requirements, transfer tax, witness/notary rules)

Core Sections

Draft the agreement with these ten sections in order.

1. Parties

| Element | Required Details | |---------|-----------------| | Seller | Legal name matching recorded deed, property address, mailing address, phone, email | | Buyer | Legal name as will appear on new deed, ownership form, mailing address, phone, email | | Capacity | If entity/trust/POA: identify authorizing document |

2. Property Description

Include: street address, full legal description (lot/block/subdivision/plat), APN/tax ID, approximate square footage with source, survey reference.

Included items — enumerate all conveyed fixtures: built-in appliances, lighting/fans/window treatments, HVAC/thermostats, water heater/softener, landscaping/irrigation, garage openers, security systems, attached shelving/mirrors.

Excluded items — list specifically; any fixture seller intends to remove must be named.

3. Purchase Price & Financial Terms

| Component | Specification | |-----------|--------------| | Purchase price | Numerical + written form | | Earnest money | Amount, form, delivery deadline (24-48 hrs), escrow holder | | Down payment | Amount, source (savings, gift funds, sale proceeds) | | Financed amount | Principal loan amount | | Closing funds | Wire / immediately available funds |

Include: earnest money disposition conditions, closing cost allocation table (title insurance, escrow fees, recording fees, transfer taxes, survey, home warranty, attorney fees), prorations to closing date (taxes, HOA dues, utilities, prepaid rents), seller financing terms if applicable.

4. Financing Contingency

Omit for cash purchases (require proof of funds within 3-5 business days instead).

Specify: loan type, max amount, max interest rate, term, application deadline (3-5 days), pre-approval deadline (10-15 days), final commitment deadline (30-45 days). Include buyer good-faith obligations and termination/earnest-money-return rights on financing failure.

5. Inspection & Due Diligence

Inspection period: 10-17 calendar days from acceptance.

Scope: general home inspection, specialized inspections (roof, foundation, electrical, plumbing/sewer, HVAC), pest/WDO, environmental (radon, lead paint, mold, asbestos, underground tanks), survey.

Access: reasonable times, 24-48 hrs notice; buyer bears costs; must repair damage; inspectors carry liability insurance.

Objection procedure:

1. Buyer delivers written objections before period expires
2. Seller responds within 3-5 business days (repair / credit / alternative / decline)
3. No agreement → buyer may terminate (earnest money returned), proceed as-is, or propose price reduction
4. No timely objection = acceptance of condition

Additional contingencies: appraisal at or above purchase price, satisfactory title commitment review, HOA document review.

6. Seller Disclosures

Required disclosures [VERIFY against applicable state law]:

• Property condition statement (all major systems, known defects)
• Lead-based paint (pre-1978; federal requirement — mandatory)
• Environmental hazards (radon, asbestos, mold, underground tanks)
• Natural hazard zones (FEMA flood, earthquake, wildfire, coastal)
• HOA/COA information (dues, assessments, violations, litigation, CC&Rs)
• Mello-Roos / special tax assessments
• Material facts (deaths per state law, boundary disputes, code violations, non-permitted improvements, pending litigation)

Seller warranties: authority to convey marketable title, no undisclosed liens/encumbrances, systems in working order unless disclosed, no governmental violations, maintain property condition until closing. Survival period: 1-2 years post-closing.

7. Closing & Possession

Specify: closing date (fixed or formula), closing location, possession transfer timing.

Conditions precedent: all contingencies expired/waived, final loan commitment, marketable title confirmed, agreed repairs completed, satisfactory walk-through (24-48 hrs before closing), closing funds available.

Pre-closing obligations — Seller: maintain condition and insurance, deliver broom-clean, execute deed/bill of sale/affidavits. Buyer: complete loan requirements, obtain homeowner's insurance, wire closing funds, execute DOT/mortgage and note.

Delayed possession (if applicable): post-closing occupancy agreement with daily fee, insurance/utility obligations, delivery condition, holdover consequences.

Risk of loss: seller bears until closing; material casualty gives buyer option to terminate, proceed with insurance assignment, or negotiate price reduction.

8. Default & Remedies

Buyer default (failure to close, failure to deposit earnest money, material breach): seller retains earnest money as liquidated damages OR pursues specific performance OR actual damages.

Seller default (failure to deliver title, failure to complete repairs, failure to close, material breach): buyer terminates with earnest money return + out-of-pocket reimbursement OR pursues specific performance OR actual damages.

9. Dispute Resolution

1. Negotiation — written notice + meet-and-confer
2. Mediation — mandatory pre-litigation; jointly selected mediator; costs shared; 30-60 days
3. Litigation or arbitration — venue: state/county where property is located; prevailing party recovers attorney fees and costs

If binding arbitration elected: specify administering organization, arbitrator count, selection process, discovery scope, finality.

Force majeure: natural disaster, government action, public health emergency — define notice, documentation, extension/termination rights.

10. General Provisions

Include: entire agreement/integration, written amendments only, severability, governing law (property state), notice methods (personal delivery, certified mail, overnight courier, email), time is of the essence, counterparts, effective upon last signature.

Signature blocks: printed name, signature line, date. Add witness/notary acknowledgments per jurisdiction. Attach exhibits in order referenced (legal description, included/excluded items, disclosure forms, HOA docs).

Guidelines

• Express monetary amounts in both numerical and written form
• Use specific dates or measurable timeframes — never "promptly" or "as soon as possible"
• Define all capitalized terms on first use; use consistently throughout
• Number sections hierarchically; include TOC if agreement exceeds 5 pages
• Pre-1978 homes require federal lead-based paint disclosure and pamphlet — mandatory, not optional
• Gift funds for down payment trigger additional lender documentation requirements — note in agreement
• Do not provide tax advice; recommend parties consult tax professionals
• Flag uncertain statutory citations with [VERIFY]
• Verify all jurisdiction-specific requirements: mandatory disclosures, required addenda, statutory language, witness/notary rules [VERIFY state-specific rules before finalizing]