The Home Purchase Agreement serves as the foundational document in residential real estate transactions across the United States. It is essential when transferring ownership of residential property from seller to buyer, protecting both parties' interests by clearly defining the terms of sale, conditions, and responsibilities. The agreement must incorporate various legal requirements, including state-specific property laws, federal regulations like RESPA and the Fair Housing Act, and local zoning requirements. It typically includes contingencies for financing, property inspection, and title review, while also addressing specific details about the property, closing procedures, and remedies in case of default.
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1. Parties: Identifies buyer and seller with full legal names and addresses
2. Background/Recitals: Brief context of the transaction and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property being sold
5. Purchase Price: Amount and payment terms including deposits
6. Closing: Closing date, location, and requirements
7. Seller's Representations: Warranties about property condition and title
8. Buyer's Representations: Financial capacity and intent statements
9. Default Provisions: Consequences of breach by either party
10. Signatures: Execution block for all parties
1. Financing Contingency: Terms if purchase depends on buyer securing mortgage
2. Inspection Contingency: Terms for property inspection period
3. Sale Contingency: Condition that buyer must sell existing home
4. Tenant Rights: Existing tenant arrangements and obligations
1. Property Inventory: List of included fixtures and personal property
2. Property Disclosure Statement: Mandatory seller disclosures about property condition
3. Title Documents: Current title report or commitment
4. Environmental Reports: Any environmental assessments or reports
5. Survey: Property survey and plot plan
6. Lead Paint Disclosure: Required for pre-1978 properties
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