We cannot provide legal advice to you, and we have not reviewed each State’s laws. Some States may require disclosures or other items beyond what is included in our forms. Sometimes these requirements may only apply to sellers who are represented by a real estate agent. We believe that in most cases State law requirements can be ascertained relatively easily for free through online research (including research through artificial intelligence applications). If your State requires disclosures or other items beyond what is included in our forms, our Property Disclosure Forms and our Purchase and Sale Agreement include Additional Disclosure fields to allow you to make additional disclosures or include additional items (or incorporate them by reference). If you use our forms, you are responsible for making these determinations. If you have questions about whether additional disclosures or additional items are required in your State, we recommend that you consult with an attorney or real estate professional on a fee for service basis. See our Risk Statement.

Currently we do not have any recommendations. However, we welcome suggestions to help@thesuretransaction.com. We may post example prompts in the future. In any case, results obtained through online research, including research through artificial intelligence applications like ChatGPT, should be verified. If you need help verifying research results, we recommend that you consult with an attorney or real estate professional on a fee for service basis. See our Risk Statement.

For best results, we recommend using Adobe Acrobat to open and complete our PDF forms. Adobe Acrobat Reader is available for free from Adobe’s website (click here for laptop or desktop computers or here for mobile devices) or through the Apple App Store or Google Play (search Adobe Acrobat Reader).

Fillable fields may appear to not function until opened from a saved location. We recommend downloading your forms and saving them to a personal location before opening them. In forms with signature fields, other fields will lock once a digital signature is applied. Therefore, make sure fillable fields are completed and agreed upon before signing.

The current version of the Terms and Conditions will always be posted on our Terms and Conditions page. Our Terms and Conditions page will also include a link to all prior versions of the Terms and Conditions along with their respective dates of effectiveness. The Terms and Conditions can be downloaded for free. We strongly recommend downloading and saving the Terms and Conditions to a personal location at the time that you enter into a Purchase and Sale Agreement.

Section 10.1 of the Terms and Conditions provides that the first day of the period will not be counted, and every other day, including Saturdays, Sundays, and Holidays, will be counted. If the last day of the period is a Saturday, Sunday, or Holiday, the period will continue to run until the next day that is not a Saturday, Sunday, or Holiday. The term “Holiday” is defined in Section 10.1. The Parties can use the Dates and Deadlines Checklist that is included with the fillable forms download to keep track of important dates and deadlines under the Agreement.

We hope the fillable fields are self-explanatory. In the fields for the Earnest Money Deposit and the Commission Contribution, we recommend inserting either a fixed dollar amount (for example, “$1,000”) or a percentage of the Purchase Price (for example, “3% of the Purchase Price”). In the field for the Evaluation Period, we recommend inserting a number of days (for example, “30 days”). However, the Parties can complete the fields however they like. Please remember that in forms with signature fields, other fields will lock once a digital signature is applied. Therefore, make sure fillable fields are agreed upon and completed before signing.

The Parties cannot make changes to the PDF documents themselves, but Section 10.4 of the Terms and Conditions provides that the Parties can agree to modify any term of the Agreement (i.e., amend or make changes to the Agreement) if both Parties agree in writing to the modification. Under Section 1.3, a writing includes email. The Parties can also use the Resolution form that is included with the fillable forms download to amend or make changes to the Agreement.

A change of a date or an extension of a deadline would constitute a modification to the Agreement. Section 10.4 of the Terms and Conditions provides that the Parties can only modify the Agreement if both Parties agree in writing to the modification. Under Section 1.3, a writing includes email. The Parties can also use the Resolution form that is included with the fillable forms download to change dates or extend deadlines under the Agreement.

The Commission Contribution is the amount that Seller agrees to pay to a real estate agent engaged by Buyer. Sellers who wish to make their Property more attractive to Buyers who have engaged a real estate agent may wish to enter an amount in this field. However, Sellers do not have to agree to pay any amount to a real estate agent engaged by Buyer, and the Parties can simply enter “0,” “Zero,” “Nothing,” or something similar in this field if that is the case. Section 1.4 of the Terms and Conditions establishes each Party’s responsibility for commissions owed to real estate agents they engage.

The Parties can enter “0,” “Zero,” “Nothing,” or something similar, in the field for the Commission Contribution on the signature page of the Purchase and Sale Agreement if the Parties agree that Seller will not owe any commission to a real estate agent engaged by Buyer. Under Section 1.4 of the Terms and Conditions, Buyer will then be responsible for all amounts owed to any agent it engages. Section 1.4 already provides that Seller is responsible for any amounts owed to any real estate agent it engages.

The Earnest Money Deposit is intended to be an important mechanism under the Purchase and Sale Agreement. It is intended to incentivize each Party to comply with the Agreement and compensate a non-breaching Party in the event of a breach of the Agreement by the other Party. However, the Parties do not have to provide for an Earnest Money Deposit. If the Parties do not want an Earnest Money Deposit, they can enter “0,” “Zero,” “Nothing,” or something similar, in the field for the Earnest Money Deposit on the signature page of the Agreement. Under Section 2.1 of the Terms and Conditions, each Party will still have the right to terminate the Agreement if an Escrow Agent is not engaged, although the Parties can agree to waive this right if both Parties agree in writing to the waiver.

The Parties can enter “0,” “Zero,” “None,” or something similar, in the field for the Evaluation Period on the signature page of the Purchase and Sale Agreement if the Parties agree that Buyer will not have any opportunity after the Effective Date to evaluate the Property. Under Section 3 of the Terms and Conditions, Buyer will still have until 5:00 p.m. on the 5th day after the Effective Date to provide a Notice of Unacceptable Conditions or exercise the Free Right to Terminate unless the Parties agree to complete the Closing before that time. If the Parties agree to complete the Closing before that time, Section 9.2 provides that each of their respective Closing Conditions will be deemed to have been satisfied or waived.

Section 10.3 of the Terms and Conditions provides that, except to the extent prohibited by applicable law, the same person or entity can serve as the Escrow Agent, the Closing Agent, and the Title Company, as long as such person or entity is a third party (i.e., not the Buyer or Seller). As long as there are no other rules preventing it, the same person or entity can serve as the Escrow Agent, the Closing Agent, and the Title Company under the Purchase and Sale Agreement.

The Purchase and Sale Agreement does not include a financing contingency. Under Section 3.6 of the Terms and Conditions, Buyer can exercise the Free Right to Terminate and terminate the Agreement for any reason before the Notice Deadline. After the Notice Deadline, Buyer cannot terminate the Agreement unless one of the Buyer Closing Conditions is not met. The Buyer Closing Conditions do not include Buyer’s ability to obtain financing. If Buyer is unable to complete the closing on time, Seller may terminate the Agreement under Section 8.1 of the Terms and Conditions and pursue claims against Buyer for a Closing Breach under Section 8.2 and Section 9.1, including payment of the Earnest Money Deposit. Sellers who wish to better protect themselves against a Buyer’s financing risk can require a larger Earnest Money Deposit.

Under Section 3.5 of the Terms and Conditions, if Buyer provides a Notice of Unacceptable Conditions before the Notice Deadline, the Purchase and Sale Agreement will automatically terminate unless the Parties enter into an agreement to resolve each Unacceptable Condition, referred to in the Agreement as a Resolution. If the Agreement terminates in this manner, the Earnest Money Deposit will be paid to Buyer. If the Parties enter into a Resolution, the Agreement will continue, subject to any matters agreed upon in the Resolution. The Parties can use the Resolution form that is included with the fillable forms download to document Resolutions.

Unless the Parties have entered into a Resolution, Buyer can terminate the Purchase and Sale Agreement for any reason or no reason at all before the Notice Deadline by providing a notice of termination to Seller. This is referred to in Section 3.6 of the Terms and Conditions as the Free Right to Terminate. If Buyer exercises the Free Right to Terminate, the Earnest Money Deposit will be paid to Buyer.

Under Section 9.1 of the Terms and Conditions, a Party’s remedies for breaches before the Closing are limited to terminating the Purchase and Sale Agreement, collecting the Earnest Money Deposit, requiring the breaching Party to pay for any fees charged by the Escrow Agent and the Closing Agent, and requiring the breaching Party to reimburse the non-breaching Party for certain out of pocket costs and expenses. These terms are designed to encourage the Parties to agree upon an amount for the Earnest Money Deposit that is sufficient to incentivize each Party to comply with the Agreement and compensate a non-breaching Party in the event of a breach of the Agreement by the other Party.

The Terms and Conditions seek to significantly limit the remedies that are available after the Closing. Under Section 9.2, after the Closing, remedies are generally limited to damages actually incurred due to a breach of a Party’s Representations and Warranties, but only if such breaches were not known or reasonably discoverable by the Party claiming the breach, and only if claims are made within one year after the Closing (other than breaches that are not discovered due to fraud). These terms are designed to incentivize the Parties to prioritize diligence and Property evaluation before the Closing and limit disputes after the Closing.

Yes. Federal law requires Seller to disclose whether a Property includes housing constructed before 1978. If it does, federal law requires Seller to comply with the federal Real Estate Notification and Disclosure Rule. Our Property Disclosure Forms include a Lead-Based Paint Disclosure to help Sellers comply with this rule. Additionally, Section 10.10 of the Terms and Conditions includes provisions to address lead-based paint disclosure.

Yes. Currently, all of our fillable forms are available to download for free. Any items purchased from us are fully refundable within 10 days of purchase. If you are not satisfied with your purchase for any reason, we will refund 100% of your purchase price, no questions asked, if you request a refund from us within 10 days of your purchase. You may submit refund requests to order@thesuretransaction.com.

Unfortunately, we cannot help you with questions about your transaction. We are not a law firm or a real estate broker, and we cannot provide legal or real estate advice or participate in any legal or real estate representation. If you have questions about your transaction, we recommend that you consult with an attorney or real estate professional on a fee for service basis. See our Risk Statement.