Purchase and Sale Agreement

Purchase and Sale Agreement

Purchase and Sale Agreement

The agreement establishes price, deposit, due diligence and financing contingencies, title requirements, closing date, and remedies for default. Real property contracts must satisfy the statute of frauds.

Time is of the essence provisions affect closing deadlines.

Alternative Names:

PSA, Real Estate Purchase Agreement

Why it Matters?

Contingency expiration is where disputes concentrate, since a buyer that failed to terminate before a due diligence deadline may have waived the right and placed its deposit at risk. Time is of the essence clauses make closing dates strict rather than subject to reasonable extension. Remedy provisions frequently limit the seller to retaining the deposit as liquidated damages, which caps exposure but also caps recovery.

Frequently asked questions

Where do disputes concentrate?

Where do disputes concentrate?

Contingency expiration, since failing to terminate before a deadline may waive the right and place the deposit at risk.

What does a liquidated deposit provision do?

What does a liquidated deposit provision do?

It caps the seller's recovery at the deposit, which limits exposure for the buyer but also limits the seller's remedy.