Pennsylvania Real Estate Contract: Different Types and Key Terms to Include

Quick Facts — Real Estate Contract Lawyers (Pennsylvania)

What is a Pennsylvania Real Estate Contract?

A Pennsylvania real estate contract is an agreement made when a buyer makes an offer to purchase a property from a seller. These contracts are most used when buying or selling a residential home but can also be used for purchasing commercial real estate or when renting property.

Real estate contracts must address important terms and conditions regarding the home buying process including:

A real estate contract becomes legally binding when the negotiations are finalized and the contract is signed by both parties.

Common Pennsylvania Real Estate Contracts

There are several types of real estate contracts commonly used in Pennsylvania including:

  • Residential real estate contract. Used when buying or selling land or a building that will be used for residential housing. Most realtors in Pennsylvania use the Pennsylvania Association of Realtors version of this contract.
  • Commercial real estate contract. Used when buying or selling property zoned for operating a business like an office building.

4 Essential Elements of a Pennsylvania Real Estate Contract

According to Pennsylvania law, the following four elements must be present in a real estate contract to make the agreement legally valid and binding:

  1. A valid offer in writing from the buyer.
  2. Acceptance of the offer from the seller.
  3. Consideration or the exchange of items of value.
  4. A mutual meeting of the minds or an agreement to be held by the contract.

Can a Buyer Back Out of a Real Estate Contract in Pennsylvania?

In Pennsylvania, a buyer can back out of a real estate contract if certain contingencies are not met or if the contract includes a specific termination clause. The buyer has a right to terminate the contract if they are not satisfied with the results of a home inspection or if they cannot obtain financing.

Frequently Asked Questions

How do I hire a lawyer to draft a real estate contract in Pennsylvania?
How much does it cost to hire a lawyer to draft a real estate contract in Pennsylvania?
How much does it cost to hire a lawyer to review a real estate contract in Pennsylvania?

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Ryan W.

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Ryan A. Webber focuses his practice primarily on Estate Planning, Elder Law, and Life Care Planning. His clients range from young families concerned about protecting their family as well as aging individuals. Ryan provides Estate Planning, Trust Planning, Special Needs Planning, Public Benefit Planning, and Estate Administration. Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. Many families and individuals also come to Ryan for preparation of their wills, power of attorney, and healthcare guidance documents. Additionally, Ryan assists small and medium sized business owners with their organizational and planning needs. From starting or winding down a business, Ryan provides quality business advice.

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My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.

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Asked on Mar 27, 2022

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.

Answered Apr 5, 2022

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.

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How many years does a quick claim become effective?s

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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

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Asked on Dec 26, 2021

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.

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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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