Real Estate Purchase and Sale Agreement | USA

USA real estate brokers, prepare a Confidentiality and Noncircumvention Agreement for purchasers and co-brokers with this customizable template.

• This form of Agreement should be used when you are acting for a buyer of a property.
• The buyer agrees to keep all information about the property confidential, and to use it only for the purpose of evaluating the property with the intention of purchasing it.
• The buyer agrees not to circumvent the broker in any way with respect to purchasing the property.
• If the buyer breaches the agreement, the broker is entitled to injunctive relief and specific performance, costs and damages, and the right to place a lien on the property until all amounts owing the broker are paid.
• Available as a downloadable and fully editable MS Word file.
• Intended to be used only within the United States.

If you are selling a real estate property and allowing the buyer to pay part of the purchase price over time, secure payment of the outstanding balance with this Purchase Money Promissory Note.

• The buyer will pay off the balance of the purchase price in regular installments, rather than having to come up with all of the purchase money in order to close the sale.
• The Note contains an acceleration clause, meaning if the maker defaults in a payment, the entire balance together with interest becomes immediately due and payable.
• Get the Purchase Money Promissory Note signed at the same time that the other documents for the real estate purchase are executed by the buyer.

• The purchaser will deposit the earnest money with the escrow agent, who will invest it according to the purchaser's instructions.
• If the purchaser breaches the Purchase & Sale Contract, the money will be paid to the seller as liquidated damages.
• Upon written instruction from the parties, the escrow agent will disburse the funds after the transaction closes.
• The escrow agent is to be held harmless from liability in the performance of his duties.

• The sale is to include all buildings, livestock and crops on the property.
• The seller has the right to harvest crops until the purchaser takes possession.
• The seller must deliver fee simple insurable title by way of warranty deed.
• A property land survey is to be performed, and the parties may agree to adjust the purchase price based on the land survey results.
• The agreement includes optional clauses for cash, assumption of existing mortgage loan, conventional financing, FHA insured or VA loan.
• The seller must provide a title insurance policy insuring the transaction for the total purchase price.
• Also included is a lead paint disclosure.