New York Real Estate Contract: Different Types and Key Terms to Include
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What is a New York Real Estate Contract?
A New York real estate contract is an agreement that is drafted for the purpose of buying and selling real estate. After a potential buyer makes an offer on a property, and the seller accepts the offer, a real estate contract will lay out the terms and conditions that will facilitate the sale.
Real estate contracts include important information about the transaction. It is common to find the following terms and clauses included in the contract:
- The identity of the parties
- A description of the property
- The agreed upon purchase price
- Contingencies that must be met to finalize the sale
- State required seller disclosures that must be provided to the buyer
- Closing date
- Fees like closing costs and which party is responsible for payment
Contracts pertaining to real estate are governed by the New York Statute of Frauds. Under these laws, all real estate contracts must be in writing to be enforceable by a court. It is highly recommended that buyers and sellers consult with a realtor or a real estate agent to assist with preparing a real estate contract.
Common New York Real Estate Contracts
There are several types of real estate contracts that can be used when buying and selling property. In New York, the most common real estate contract is residential purchase and sale agreement. This contract comes in two different versions:
- New York Association of Realtors Purchase Agreement. This contract is a fillable standard form template for the purchase and sale of real estate in New York.
- New York City BAR Purchase Agreement. This contract is a standard template that was prepared by the New York State Bar Association.
Both contracts contain all the necessary terms and conditions that make a New York real estate contract legally binding. Once the contract is signed by both parties, it is enforceable in court.
4 Essential Elements of a New York Real Estate Contract
In New York the 4 essential elements required in all real estate contracts include:
- Legal Capacity. There needs to be at least two parties who are legally allowed to enter a contract. This means the parties are of sound mind, of legal age, and are not under the influence of drugs or alcohol.
- Offer and acceptance. The contract must include a valid offer and acceptance of the offer. In a real estate contract, the offer is made by the buyer.
- Consideration. Consideration is the exchange of items of value. Each party must give up something to gain something in a contract. For the purposes of a real estate contract, consideration is typically the exchange of money for property.
- Mutual assent. Also referred to as “meeting of the minds”, mutual assent is each party’s understanding and intent to enter a legal contract.
If any of the four essential elements are missing from a real estate contract in New York, the contract will not be enforceable.
Are Real Estate Offers Binding in New York?
No. Real estate offers are not legally binding in New York. Unlike other states which require buyers who are making offers to sign a real estate contract, New York uses a short offer form. This form is not legally binding and only serves to provide the seller with an offer. Even if the seller accepts the offer, the deal is not legally binding until both parties sign a valid purchase and sale agreement.
Once the purchase agreement is negotiated and signed by both parties, the parties are considered “in contract”. At this stage, both parties are legally bound by the agreement and only certain contingencies, or a mutual agreement will allow the parties to terminate the contract.
Frequently Asked Questions
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Meet some of our New York Real Estate Contract Lawyers
Max K.
I am a business attorney and former in-house corporate attorney with more than a decade of experience helping companies navigate contracts, commercial relationships, day-to-day operations, and disputes. My practice includes drafting, reviewing, and negotiating commercial agreements, licenses, leases, vendor and service agreements, and other business arrangements. Licensed in Nevada, California, New York, and Texas, I also hold an Executive MBA. My goal is to serve as practical, long-term outside counsel to small businesses and entrepreneurs that value responsiveness, sound judgment, and advice grounded in commercial realities - not merely technical legal answers. I handle disputes when necessary, but much of the value I bring lies in identifying issues early, preserving business relationships, and preventing avoidable conflicts. I do not bill separately for routine phone calls. I want clients to feel comfortable calling before a small concern becomes an expensive problem, and I am always happy to have an initial conversation to see if the fit is right for you. www.linkedin.com/in/maxkelner
"This was my 1st time having to consult with a legal expert about anything and Max made the process easy and stress-free."
Morgan S.
Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.
"Morgan delivered far beyond the price point. He didn't just review our investor package — he caught gaps two other reviewers missed (including a top-tier venture firm we benchmarked him against), rebuilt the custom documents to professional standard, and added missing closing mechanics we didn't even know we needed: the 83(b) election, escrow instructions, stock assignment. He pushed back on his own client when the documents said otherwise — that's the lawyer you want. §144 analysis citing the 2025 Delaware reform, triple anti-broker-dealer protections, a related-party ARR cap he invented on his own — depth you'd expect at five times the fee, closed out with a proper written memo on firm letterhead. The timeline ran a bit longer than planned in places, but the result was more than worth it: every item closed, every question answered, the whole package consistent and ready to sign. Very happy overall — would hire again, and our next project is already queued."
Ted A.
Equity Investments, Agreements & Transactions | Securities & Lending | Corporate Governance | Complex Commercial Contracts | Outside General Counsel & Compliance
"Ted was extremely responsive, knowledgeable, easy to work with and was able help me the same day. I would confidently recommend him in the future."
July 27, 2023
Stephen S.
Stephen is a graduate of Nova Southeastern University - Shepard Broad College of Law, Stephen is licensed to practice in New Jersey and New York. He focuses on Morris, Passaic, and Bergen County, New Jersey, but services all of New Jersey. Before graduating, Stephen did an externship in Denver, Colorado with a focus on land use and development. Upon returning to New Jersey, he focused on Condominium and Home Owner Association. He also worked with Residential Real Estate Transactions and Estate Planning clients.
July 30, 2023
Diamond R.
July 29, 2023 My name is Diamond Simpson Roberts, ESQ, MSPH and I am convinced that I can be a value added asset to most any company. As the first in my family to graduate a four-year university, I graduated from Wayne State University Law School in 2000 but could not afford a bar prep course upon completion. After over 20 years, I sat for the July 2022 UBE, successfully passed and am currently licensed in three states! This is an example of my self-motivation, internal drive and passion. I offer over 28 years of diverse experience in healthcare, strategy, sales/marketing, legal/policy and business savvy. I have many years building, leveraging, and sustaining long term relations to drive revenue as an entrepreneur and for corporations. My analytical strengths provide me with an innate ability to think through tough situations/topics while viewing both vantage points (which is excellent for law and life). I have been appointed to serve on numerous committees due to my heightened ability to identify client issues and priorities and provide solutions based upon relevant products, services and needs. I have led teams with and without authority; specifically, I have managed teams for an Adult Foster Care Facility called Etonne Cares, during my post-graduate fellowship with the largest Catholic Healthcare System in the U.S. and during my two-year executive order appointment with the Federal Government (Presidential Management Fellowship). Most importantly, I am a collaborative team player who knows how to improvise, overcome and adapt! I offer numerous years of being a pharmaceutical trainer and being an adjunct using the online platform. I welcome the opportunity to continue in the interview so that I may further highlight the skills I can (and will) contribute to my success in the role. Respectfully, Diamond Simpson Roberts, ESQ, MSPH DQSSIMPSON@GMAIL.COM M: 313-942-6747
August 11, 2023
Craig C.
I am a NYC real estate lawyer with a multi-family building ownership background.
August 15, 2023
Anthony V.
Anthony M. Verna III, is the managing partner at Verna Law, P.C. With a strong focus on Trademark, Copyright, Domain Names, Entertainment, and Advertising law, Verna Law, P.C. strives to provide all Intellectual Property services a modern business of any size may need to market and promote itself better. From the very early concept stage, Verna Law, P.C. can conduct a comprehensive, all-encompassing search and analysis on any proposed trademark to head off complications. Once the proposed concept enters the Alpha stage, Verna Law, P.C. can seamlessly switch to handling registration, protection, and if needed, defense of registered trademarks, copyrights, and domain names, as well as prosecution of entities violating said rights. Verna Law, P.C. also provides intellectual property counseling and services tailored to fit into your business’ comprehensive growth strategy. This shows as many of Verna Law, P.C.’s clients are international: from China, the United Kingdom, Canada, and Germany, Verna Law’s reach is worldwide. Additionally, Verna Law, P.C., can handle your business’ Entertainment and Advertising law needs by helping your business create advertising and promotions that keep competitors and regulators at bay. Located in the shadow of New York City, Verna Law, P.C. has a global reach that will provide clients with the most vigorous Intellectual Property advocate available. Anthony M. Verna III is a member of the New York and New Jersey Bars, as well as the U.S. District Court Southern District of New York. He is a sought-after business speaker, including regular appearances at the World Board Gaming Championships, Business Marketing Association of New Jersey, and Columbian Lawyers Association.
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Draft Real Estate Purchase Agreement Contract
"Dolan did incredible with my Purchase Agreement contract. He was extremely timely and efficient in his work and I greatly appreciate how quickly he was able to get this done for me and my fiance. Thank you!!"
Review Real Estate Purchase Agreement
"Very knowledgeable and helpful. We would work with him again ."
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"Dan. P assisted me quickly with cancelling my contract within the deadline and answered my questions."
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."
Reply From Anna C.
Thank you very much — I really appreciate the review and the opportunity to work with you on this transaction. I’m glad I was able to help strengthen the agreement in a way that gave you added protection and practical clarity. You were a pleasure to work with as well, and I truly appreciate the recommendation.
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"Scott was very responsive, professional and provided an efficient review of a land purchase contract. Good communication throughout. Always offered to discuss his suggestions."
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
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
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.
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