Fillable Real Estate Purchase Agreement Template for North Dakota State
When it comes to buying or selling property in North Dakota, the Real Estate Purchase Agreement form plays a pivotal role in making sure that all parties are on the same page. This detailed document outlines the terms and conditions of the sale, including the purchase price, the description of the property, and any contingencies that might affect the sale. It serves as a legally binding contract once both the buyer and seller have signed, ensuring that both parties understand their responsibilities and the timeline for the transaction. The form also covers important aspects such as earnest money deposits, closing costs, and any items to be included or excluded from the sale. Furthermore, it details the rights and obligations of both parties and sets the stage for a smooth transfer of ownership, making it an essential tool for a successful real estate transaction in North Dakota.
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North Dakota Real Estate Purchase Agreement
This Real Estate Purchase Agreement (“Agreement”) is entered into by and between __________ (“Buyer”) and __________ (“Seller”) on this __________ day of __________, 20__. The real property subject to this Agreement is located at __________, North Dakota (“Property”). This Agreement is subject to North Dakota state laws and regulations.
WHEREAS, Seller desires to sell and Buyer desires to buy the Property, now, therefore, for and in consideration of the mutual covenants herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
- Property Description: The Property is legally described as __________. This includes any buildings, fixtures, and improvements situated on the Property.
- Purchase Price and Terms: The full purchase price for the Property is $__________, payable as follows: __________.
- Deposit: Upon execution of this Agreement, Buyer shall deposit $__________ with __________ as earnest money to be applied to the purchase price at closing or returned to Buyer under the conditions outlined herein.
- Inspections: Buyer has the right to inspect the Property within __________ days of this Agreement. Any dissatisfaction with the inspection results must be communicated to Seller within this period for corrective action or renegotiation.
- Closing: The closing of the purchase shall take place on __________, at which time ownership of the Property will be transferred from Seller to Buyer, subject to the terms and conditions of this Agreement.
- Transfer of Title: Seller shall provide Buyer with a clear and marketable title to the Property, free and clear of all encumbrances, by way of a warranty deed or similar document consistent with North Dakota laws.
- Real Estate Taxes: All real estate taxes, assessments, charges, and utility bills related to the Property up to the date of closing shall be prorated and paid by Seller.
- Condition of Property: The Property is sold “as is,” with no guarantees, warranties, or representations, expressed or implied, by Seller, except as otherwise specified in this Agreement.
- Legal Compliance: The sale and subsequent use of the Property shall comply with all applicable federal, state, and local laws, including but not limited to North Dakota real estate laws.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.
- Amendments: Any amendments or modifications to this Agreement must be in writing and signed by both Buyer and Seller.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Seller and Buyer hereby acknowledge receiving a completed copy of this Agreement.
Seller’s Signature: __________ Date: __________
Buyer’s Signature: __________ Date: __________
PDF Form Details
| Fact Number | Description |
|---|---|
| 1 | The North Dakota Real Estate Purchase Agreement is a legally binding document used for the sale and purchase of real estate in North Dakota. |
| 2 | It must include details of the buyer and seller, a legal description of the property, purchase price, and closing date. |
| 3 | All agreements related to the sale must be in writing to be enforceable under North Dakota's Statute of Frauds. |
| 4 | Disclosures required by North Dakota law, such as lead-based paint disclosures for properties built before 1978, must be included with the form. |
| 5 | The agreement often includes contingencies that must be met before the sale can proceed, such as financing, inspections, and the sale of another property. |
| 6 | Closing details outlined in the agreement include who pays for certain fees (e.g., title search, title insurance, and closing costs). |
| 7 | The buyer typically pays a deposit, known as earnest money, to demonstrate a commitment to the transaction. |
| 8 | Governing laws for the agreement are based on North Dakota state law. |
| 9 | Once all parties sign the agreement, it becomes a contract committing the seller to sell and the buyer to buy upon the terms and conditions stated. |
How to Write North Dakota Real Estate Purchase Agreement
After deciding to purchase a property, the North Dakota Real Estate Purchase Agreement form is a critical next step. It details the terms of the transaction between the buyer and the seller, outlining everything from the purchase price to closing conditions. This document ensures that both parties are on the same page and helps to prevent any misunderstandings that could delay or derail the buying process. Filling out this form correctly is essential for a smooth real estate transaction. Below, find step-by-step instructions to complete the North Dakota Real Estate Purchase Agreement form accurately and efficiently.
- Start by entering the date of the agreement at the top of the form.
- Fill in the full legal names of both the buyer(s) and the seller(s) in the designated spaces.
- Specify the purchase price agreed upon by both parties and write it in both words and numbers for clarity.
- Describe the property being purchased, including its legal description and physical address. This information can usually be found in property tax documents or a title report.
- Detail the terms of the earnest money deposit, including the amount and the responsibilities of the buyer and seller regarding this deposit.
- Outline any contingencies that must be met before the sale can proceed, such as financing, home inspections, and the sale of another property.
- Include terms related to the closing, such as the targeted closing date and any costs for which the buyer or seller is responsible.
- Specify any included or excluded personal property This might include appliances, fixtures, or other items not typically considered part of the real estate.
- Both the buyer(s) and seller(s) must sign and date the agreement. Ensure that all parties involved have a chance to review the form for accuracy before signing.
- If applicable, have the form reviewed by a real estate attorney who can provide legal advice and ensure that all fields are completed correctly.
After filling out the North Dakota Real Estate Purchase Agreement form, the next steps involve executing the contingencies outlined in the agreement, such as completing a home inspection, securing financing, and fulfilling any other conditions required for the sale to proceed. Once all contingencies are met, the parties can move forward with closing the sale. Remember, this form is a legally binding document, and both the buyer and the seller should understand all its terms. Careful completion and review of this form are crucial to protecting the interests of both parties involved in the transaction.
Your Questions, Answered
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What is a North Dakota Real Estate Purchase Agreement?
A North Dakota Real Estate Purchase Agreement is a legally binding contract between a seller and buyer for the purchase and sale of real estate in North Dakota. This document outlines the terms and conditions of the sale, including the purchase price, property description, financing details, closing conditions, and any contingencies that must be met before the transaction can be completed.
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Who needs to sign the North Dakota Real Estate Purchase Agreement?
The agreement must be signed by all parties involved in the transaction. This typically includes the seller(s) of the property and the buyer(s) who intend to purchase the property. If there are co-sellers or co-buyers, each must sign the agreement to ensure it is binding. In some cases, representatives of the sellers or buyers, such as attorneys or agents, may sign on their behalf, provided they have the legal authority to do so.
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Are there any contingencies to be aware of in a North Dakota Real Estate Purchase Agreement?
Yes. Contingencies are conditions that must be met before the real estate transaction can proceed. Common contingencies in a North Dakota Real Estate Purchase Agreement include:
- Home inspections: The property must pass certain inspections.
- Financing: The buyer's ability to secure a mortgage.
- Appraisal: The property must be appraised at or above a certain value.
- Title: The seller must be able to provide a clear title to the property.
These contingencies protect both the buyer and seller by allowing either party to back out of the agreement if the conditions are not met.
How is the purchase price determined in the agreement?
The purchase price is one of the most critical aspects of the North Dakota Real Estate Purchase Agreement. It is typically determined through negotiations between the buyer and seller or their respective agents. Once agreed upon, the purchase price is clearly outlined in the agreement, along with any terms related to the deposit, final payment, and any adjustments or credits to be made at closing.
What happens if either party wants to back out of the North Dakota Real Estate Purchase Agreement?
If either the buyer or seller wants to back out of the agreement, they must closely review the terms outlined for termination of the contract. If there are valid contingencies that allow for the agreement to be voided without penalty, either party may proceed accordingly. However, if a party wants to back out without a contingency-based reason, they may face legal consequences or financial penalties as outlined in the agreement. It's important for both parties to understand the implications of terminating the agreement before signing.