Earnest Money Real Estate Contract Template for United States

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Key Requirements PROMPT example:

Earnest Money Real Estate Contract

"I need an Earnest Money Real Estate Contract for a residential property purchase in California with a $50,000 earnest money deposit and financing contingency, closing planned for March 15, 2025."

Document background
The Earnest Money Real Estate Contract is a crucial document in U.S. property transactions, serving as the primary agreement between buyer and seller. It's typically used when a serious offer has been made and accepted, requiring the buyer to provide a good faith deposit (earnest money) to demonstrate commitment to the purchase. The contract includes essential details such as property description, purchase price, contingencies, and closing terms. This document type is particularly important as it creates a legally binding framework for the transaction and protects both parties' interests throughout the sale process. The contract must comply with state-specific real estate laws and federal regulations, and often serves as the foundation for the final closing documents.
Suggested Sections

1. Parties: Identification of buyer and seller with full legal names and addresses

2. Background: Brief context of the transaction and property details

3. Definitions: Key terms used throughout the contract

4. Property Description: Detailed legal description of the property being sold

5. Purchase Price: Total purchase price and payment terms

6. Earnest Money: Amount, deadline, and handling of earnest money deposit

7. Closing Date: Specified date or timeline for closing the transaction

8. Due Diligence Period: Timeframe and terms for buyer's investigation of property

Optional Sections

1. Financing Contingency: Terms related to buyer's ability to obtain mortgage financing

2. Sale Contingency: Conditions related to the sale of buyer's current property

3. Personal Property: List of included/excluded items in the sale

4. Home Warranty: Terms of any included home warranty

Suggested Schedules

1. Property Disclosure Statement: Seller's disclosure of property condition and known issues

2. Personal Property Inventory: Detailed list of included personal property items

3. Title Exceptions: List of title exceptions and encumbrances

4. Lead-Based Paint Disclosure: Required disclosure for properties built before 1978

5. Property Survey: Current survey of property boundaries and improvements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Federal Laws and Regulations: Key federal regulations including Interstate Land Sales Full Disclosure Act, Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Housing Act, and Americans with Disabilities Act

State Real Estate Laws: State-specific regulations governing real estate transactions, including contract laws, property laws, disclosure requirements, and real estate licensing requirements

Local Property Regulations: Municipal and local regulations including zoning ordinances, building codes, and local property transfer requirements

Common Law Principles: Fundamental legal principles including Statute of Frauds (requiring written contracts), contract formation requirements, and general property law principles

Earnest Money Regulations: Specific requirements for earnest money handling including state regulations on deposits, escrow account requirements, and default/remedy provisions

Title and Property Requirements: Requirements related to property title, deed restrictions, environmental regulations, property inspections, and financing contingencies

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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