The Residential Purchase Agreement serves as the foundational document for residential real estate transactions in the United States. This contract is essential whenever residential property is bought or sold, whether it's a single-family home, condominium, or other residential unit. The agreement includes crucial elements such as property description, purchase price, financing terms, inspection requirements, and closing conditions. It must comply with federal regulations like the Fair Housing Act and RESPA, as well as state-specific real estate laws. The document provides legal protection for both buyers and sellers while ensuring all aspects of the transaction are clearly defined and agreed upon.
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1. Parties: Identification of buyer and seller with full legal names and addresses
2. Background: Brief context of the transaction and property identification
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address and legal description
5. Purchase Price: Amount and payment terms including deposit details
6. Closing Date: Specified date for completion of the transaction
7. Title and Deed: Terms regarding transfer of ownership
8. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter into the agreement
9. Conditions Precedent: Conditions that must be satisfied before closing
10. Closing Procedures: Details of the closing process and requirements
1. Financing Contingency: Terms related to buyer obtaining mortgage financing, including timeline and conditions
2. HOA Provisions: Terms related to homeowners association, including fees, rules, and required approvals
3. Lead Paint Disclosure: Legally required disclosure and acknowledgment for properties built before 1978
4. Property Inspection Contingency: Terms relating to professional inspection of the property and resolution of any issues found
5. Sale of Existing Home Contingency: Conditions related to buyer's need to sell their current home before completing this purchase
1. Schedule A - Property Inspection Report: Detailed report of property condition and any identified issues
2. Schedule B - Title Report: Current status of property title and any encumbrances
3. Schedule C - Disclosure Statements: State-required property condition disclosures and seller's disclosures
4. Schedule D - Included Fixtures and Fittings: Detailed list of items included in and excluded from the sale
5. Schedule E - Environmental Reports: Any environmental assessments or reports, including lead paint disclosures if applicable
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