Real Estate Contract: Different Types and Key Terms to Include
Jump to Section
Quick Facts — Real Estate Contract Lawyers
- Avg cost to draft a Real Estate Purchase Agreement: $770.00
- Avg cost to review a Real Estate Purchase Agreement: $560.00
- Lawyers available: 215 real estate lawyers
- Clients helped: 511 recent real estate contract projects
- Avg lawyer rating: 4.83 (42 reviews)
What is a Real Estate Contract?
A real estate contract is a legally binding document between two or more parties participating in a purchase and sale, exchange, or transfer of real estate. It outlines the expectations of the homebuyer and seller. Real estate contracts need to be in writing to be enforceable. A real estate contract generally covers terms of finance, seller assist, home inspection, fixture and appliances, closing date, sale of existing home, etc.
Here is an article about real estate contracts.
See Real Estate Contract by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
How Real Estate Contracts Work
A real estate contract works in three main steps:
- An official offer form is created by the homebuyer’s agent and submitted to the seller. This initial offer will outline the description of parties involved, the property details, purchase price offer, earnest money deposit, closing costs and closing date.
- Upon receiving this initial offer, the seller now accepts, rejects or counters the offer. The counter could include proposed modifications or negotiated terms such as purchase price, closing costs, contingency, etc.
- Once both parties accept and sign the contract, it becomes a legally binding contract.
Here is an article on how to decide on the best offer.
Key Terms Found in Real Estate Contracts
In order to understand a real estate contract, you need to know what the key terms and components in the contract mean. Here are some common terms used in real estate contracts:
- Price: Given that any real estate transaction is a significant investment for the buyer, price is the first thing the parties consider. You can ask their real estate agents for a comparative market analysis (‘ comparables ’) to determine whether the current price is above or below the market value. Chances are that you will need to take out a mortgage for purchasing real estate (unless you are financially secure enough to make an all-cash offer). Before drawing up the offer, you need to research your interest rate for financing based on your credit score . Once the offer is made and if you have to back out, the seller will typically be able to keeps the earnest money. If you are using a loan to finance the deal, you will need to mention it on your contract.
- Riders: Riders or addendums allow changes to the real estate contract based on special circumstances. Some common riders include disclosing rules of homeowner’s associations or a Federal Housing Administration rider specifying that the buyer would secure a mortgage via FHA.
- Contingencies: Contingencies are the requirements that need to be met before closing. Some examples of contingencies include obtaining a loan to finance the purchase, buyer selling their current home, repairing any issues found during home inspection and house appraisal being equal to or higher than the sale price. Common terms in real estate contracts include:
- Seller assist: For instance, if you want the seller to pay for some of the closing costs, you can ask for seller assist in your contract. It works similarly to credit where the seller absorbs some of the closing costs.
- Title search: A title search is the process of going through public records to find the property's rightful legal owner, or any existing liens, encumbrances, or other claims, in order to avoid any third-party claims on the property.
- Recording fees: A recording fee is charged by a government agency for recording the purchase or sale of any real estate.
- Earnest money: Earnest money is the payment made to the seller to show good faith at the time of signing the contract.
- Deed of trust: A deed of trust is a security instrument between a lender and a borrower is an alternative to a mortgage which allows parties to give the property to a neutral third party while the debt is paid off. They are used in some states instead of a mortgage to secure a loan, which allows the lender to foreclose on the property if there is a default.
- Mortgage Note: A mortgage note contains all terms of mortgage, signed at the time of closing.
- Closing costs: Closing costs are additional fees needed to transfer the home to the buyer, beyond the purchase price. The contract should specify which party would be responsible for different closing costs such as escrow fees, title search fees, title insurance, notary fees, recording fees, transfer tax, etc.
- Considerations: Considerations mean anything of value exchanged in the transaction, generally referring to money.
- The signatures: No contract is legally binding before it is signed by both parties. Once the buyer has signed the contract but decides to pull out of the contract, the earnest money can be forfeited by the seller.
Here is an article of common contingencies in a real estate contract.
See Real Estate Purchase Agreement Pricing by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Types of Real Estate Contracts
There are four types of real estate contracts:
- Purchase agreement contract: A purchase agreement is between the seller and the buyer outlining terms and conditions of the purchase. This can be one of the following three kinds:
- State/association purchase agreement: State/association purchase agreement is used by a real estate agent to draft a purchase agreement contract using local realtor guidelines.
- General purchase agreement: General purchase agreement is a condensed version of the State/association purchase agreement for when a buyer buys directly from a seller instead of a real estate agent.
- Property-specific purchase agreement: Property-specific purchase agreement is used for non-traditional properties.
- Lease agreement: A lease agreement between a tenant/renter and an owner of property includes details of renting the property, responsibilities and payment dates.
- Real estate assignment contract: A real estate assignment contract transfers a buyer or seller’s interest in a property, and is typically used to buy rights to a property by an investor with the intention of assigning the contract to a different buyer at a higher price.
- Contract for deed: A contract for deed agreement is used for buying property without going to a mortgage company. The buyer pays monthly payments and the deed is turned over when all payments have been made.
- Power of attorney: A power of attorney document assigns one person the power to act for another. In a real estate transaction, this could give one person the right to sell, purchase, refinance, manage, perform transactions, etc., depending on the specific terms of the power of attorney document.
Image via Pexels by Kindel
Who Creates Real Estate Contracts?
Typically, the buyer’s real estate agent would prepare a real estate contract if they are licensed to practice law. Otherwise, the buyer can have them drawn by a real estate lawyer.
You can find templates online to draw up your own real estate contract. However, it is advised to consult a real estate professional to ensure a smooth deal. If you have questions about drafting a real estate purchase agreement, it is best to consult a real estate lawyer who will have knowledge about the laws and requirements for lease agreements in your state.
Here is an article
on roles and responsibilities of real estate lawyers and agents.
Getting Help With a Real Estate Contract
Do you have any questions about real estate contracts and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from lawyers who specialize in real estate law.
See Real Real Estate Purchase Agreement Projects
See all Real Estate Purchase Agreement projects
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Real Estate Contract?
Meet some of our Real Estate Contract Lawyers
Max K.
Transactional attorney with experience in drafting, reviewing and negotiating contracts, licenses, leases, general business practices and dispute resolution. Licensed in Nevada, California and New York. I never charge for phone calls - happy to chat. www.linkedin.com/in/maxkelner
"I have been attempting to find an attorney for this project for months. I am extremely thankful I connected with Max and that he delivered."
Drew B.
Drew is an entrepreneurial business attorney with over twenty years of corporate, compliance and litigation experience. Drew currently has his own firm where he focuses on providing outsourced general counsel and compliance services (including mergers & acquisitions, collections, capital raising, real estate, business litigation, commercial contracts and employment matters). Drew has deep experience counseling clients in healthcare, medical device, pharmaceuticals, information technology, manufacturing, and services.
"Hired for a settlement contract to be written out in legal manner. Ammended contract as well to add clauses that we had not written.Efficient, professional. Said the time-frame would be about 4 business days and he did deliver on that in fact worked through the weekend and mlk day. Offered one final revision as well as a call to finalize language of contract. The final document delivery was more than we expand also he went above and beyond to deliver extra documents we may need. Would highly recommend."
Ryenne S.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
"Ryenne was great to work with. She was very responsive and thorough in reviewing the agreement with me and my partner."
Amy B.
Amy Bales focuses on the areas of corporate law, real estate, intellectual property (including trademarks, service marks and copyrights) and entertainment law. She is admitted to the Florida Bar.
"Amy was great to work with. She kept me updated on her progress so I knew when to expect the document, and she clearly is an expert as she made some critical changes that have me feeling much better about it. Highly recommend her."
Darryl S.
Darryl S.
I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.
"I couldn't be happier with the result. If you need an ironclad contract done professionally and reliably, Darryl is your man. Communication was excellent, along with the work. Thank you!"
November 16, 2023
Robert W.
I am an experienced Intellectual Property attorney registered with the USPTO and have managed my solo practice for over a decade. As part of my practice, I handle trademark and patent concerns for my clients. I’ve performed extensive prior art searches, drafted patent applications, and prosecuted patents across a broad range of technologies. I've helped my clients secure protection for both standard character and special form marks across a a variety of classes from candles to dog collars. I believe, as an IP attorney, that I can facilitate the development of new technologies by protecting your rights from infringement or helping you enter the market by establishing those rights from the ground up. More importantly, I believe it should be an open and affordable process that’s accessible to anyone pushing the bounds of innovation.
November 11, 2023
LaKesha S.
I am LaKesha B. Shahid, managing partner of Shahid & Hosea LLC. We focus primarily in domestic relations. We strive to make our clients our top priority.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Real Estate Contract Projects
Purchase Agreement Contract Review
"Anna C was an absolute pleasure to work with. She added language that protected us beyond what we could've imagined, was very responsive and so helpful. 10/10 recommend."
Real estate home purchase contract review
"Ryenne was very prompt. thanks for your help Ryenne."
Review Real Estate Purchase Agreement
"Exactly what I needed! Will use again!"
Real Estate Indemnity Agreement
"Zachariah was prompt, thorough and very detail-oriented. He explained the human oversight and expertise was used throughout the whole process, after the initial clerical work which is completed by his AI legal software. The final work product was exactly what we needed and above and beyond what we hoped for. Thank you very much!"
Real Estate
Real Estate Contract
Illinois
what is better to buy land or rent for construction in US?
we are a construction company from Ukraine, we are planning to build a cottage town in the USA
T. Phillip B.
I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.
Real Estate
Real Estate Contract
New York
Can you purchase or refinance under a land contract?
I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.
Jane C.
I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.
Real Estate
Real Estate Contract
Georgia
WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233
SON AND EX
Meghan T.
Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas
Real Estate
Real Estate Contract
Georgia
How many years does a quick claim become effective?s
Number of years for quick claim to be effect ive
Meghan T.
A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Real Estate Contract?
Real Estate lawyers by top cities
- Austin Real Estate Lawyers
- Boston Real Estate Lawyers
- Chicago Real Estate Lawyers
- Dallas Real Estate Lawyers
- Denver Real Estate Lawyers
- Houston Real Estate Lawyers
- Los Angeles Real Estate Lawyers
- New York Real Estate Lawyers
- Phoenix Real Estate Lawyers
- San Diego Real Estate Lawyers
- Tampa Real Estate Lawyers
Real Estate Contract lawyers by city
- Austin Real Estate Contract Lawyers
- Boston Real Estate Contract Lawyers
- Chicago Real Estate Contract Lawyers
- Dallas Real Estate Contract Lawyers
- Denver Real Estate Contract Lawyers
- Houston Real Estate Contract Lawyers
- Los Angeles Real Estate Contract Lawyers
- New York Real Estate Contract Lawyers
- Phoenix Real Estate Contract Lawyers
- San Diego Real Estate Contract Lawyers
- Tampa Real Estate Contract Lawyers
ContractsCounsel User
Real Estate Contract Review
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Real Estate Purchase Agreement
Page Count: 19
Number of Bids: 6
Bid Range: $495 - $750
ContractsCounsel User