The Utah residential real estate purchase agreement (“residential real estate purchase contract”) is an agreement that initiates the negotiation process by indicating the buyer’s offer to acquire the property. Included in the offer will be the purchase price and additional conditions established by the buyer.
The seller will have an assigned period in which they can respond to the offer before it expires. During this time, the seller may alter the terms by submitting to the buyer a counteroffer. Should both parties agree on the purchase conditions, they can sign the document to create a legally binding commitment to transfer ownership of the property.
Required Seller Disclosures in Utah
Residential real estate purchase agreements typically contain promises and provisions guaranteeing a property’s condition, safety, and/or value. In most states, sellers are required to provide a purchase agreement along with documentation that guarantees the property’s condition. However, Utah law sets the responsibility on the buyer for determining if there are any issues with the property. This is known as:
Buyer beware/Caveat emptor. Utah law does not require the seller to make any property guarantees unless the property has been contaminated due to the storage, manufacturing, or use of methamphetamine. (§ 57-27-201)
If a licensed real estate agent sells the property, the agent will need to advise the buyer of any known material defects using a Seller’s Property Condition Disclosure Form. (§ 57-27-201)