Utah Real Estate Purchase Agreement

The Utah Real Estate Purchase Agreement is a legally binding contract that outlines the terms and conditions for the sale of real property in the state of Utah. This document includes crucial details such as the purchase price, property description, contingencies, and other provisions agreed upon by the buyer and seller, providing a structured framework for a transparent and regulated real estate transaction in Utah.

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Utah Real Estate Purchase Agreement

Adhere to state laws with our legally binding Utah Real Estate Purchase Agreement template.

For the real estate purchase agreement to be legally binding in Utah, it must encompass these elements:

  • Offer and Acceptance: There must be a proposal from one party that the other accepts.
  • Consideration refers to exchanging something valuable, often the property and the payment.
  • Legal Capacity: The contract should involve at least two (2) parties who are legally capable of entering into a contract.
  • Legal Purpose: The contract must not infringe any laws or public policies.

A court could deem it void and unenforceable if any of these components are absent from theagreement. 

A Utah Real Estate Purchase Agreement must contain specific details about the property and the payment terms.

  • Purchase Price: This is the mutually agreed price the buyer will pay the seller.
  • Earnest Money Deposit: This is a deposit made by the buyer to show good faith towards the offer. If the buyer withdraws from the contract without a valid reason, they lose this deposit.
  • Appliances and Fixtures: These are additional items included in the property sale, which could range from appliances to furniture or specific fixtures.
  • Contingencies: These conditions must be fulfilled before the sale can be finalized. They’re also known as “buyer’s conditions of purchase.” In Utah, the most common contingencies in a real estate contract are due diligence, appraisal, and financing.
  • Closing Date and Settlement: All the documents are signed, payments are made, and the title is transferred.
  • Possessions: This is the official date when the buyer assumes possession of the property and can move in.

This professional approach ensures a transparent and fair transaction between the buyer and the seller.

Required Disclosures 

  • Lead-Based Paint: For properties constructed before 1978, the seller must inform the buyer about any lead paint present on the property and provide them with a copy of the EPA information booklet.
  • Methamphetamine Contamination: If a property owner or lessor is aware of methamphetamine contamination on their property, they must disclose this information in the lease agreement.
  • Property Disclosure Statement (Optional): This statement reveals any known defects in the property for sale. While the seller doesn’t need to provide this disclosure, the seller’s listing agent must do so. The Utah Association of Realtors offers this form for use by its licensed members.