Drafts enforceable U.S. Residential Purchase Agreements covering parties, property description, price/earnest money, financing contingencies, inspection/due diligence, seller disclosures, closing, default remedies, and dispute resolution. Use when drafting home purchase contracts, residential real estate sale agreements, or property transfer agreements. Trigger on "purchase agreement," "home sale contract," "residential sale," or "property purchase."
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name
residential-purchase-agreement
title
Residential Purchase Agreement
description
Drafts enforceable U.S. Residential Purchase Agreements covering parties, property description, price/earnest money, financing contingencies, inspection/due diligence, seller disclosures, closing, default remedies, and dispute resolution. Use when drafting home purchase contracts, residential real estate sale agreements, or property transfer agreements. Trigger on "purchase agreement," "home sale contract," "residential sale," or "property purchase."
Drafts a residential purchase agreement governing the sale and transfer of residential real property between buyer and seller.
Prerequisites
Collect before drafting:
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)
Property — street address, legal description, APN/tax ID, survey if available
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.
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.
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.
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]
