How To Make a Purchase and Sale Agreement in Washington State
Purchasing a property in Washington State can be an intimidating process. The legal system is confusing enough to make you worry that a mistake will land you in court. What is the purchase and sale agreement, and how does it work? How can you write a contract effortlessly? What terms and conditions should you include in your legal document?
DoNotPay has the answer to all these questions! We can provide all the information you need to create a purchase and sale agreement in Washington State.
What Is a Purchase and Sale Agreement, and How Does It Work?
The purchase and sale agreement is a legally binding document laying out the terms and conditions of a property sale. It includes the details of the property and the conditions that need to be met before the sale.
This document is drawn up after the offer to purchase and overrules it once both parties have signed the contract.
Although most states allow you a certain freedom, some mandate a specific structure when drawing up the contract.
What Elements Should You Include in the Washington State Purchase and Sale Agreement?
To draft a valid contract, you must understand its crucial sections. Here are the key elements to include in the agreement:
| Key Element |
Brief Explanation |
| Title and other property details | The title confirms that the seller is the actual owner of the property and that they can transfer the property to another individual.
Other details can include the property size, price, location, and any defects the property might have |
| Duties of the seller | This section states the duties of the seller, including property insurance, repair and maintenance, and regular tax payments until the property is officially sold. Some states also require an inclusion for smoke and carbon monoxide detectors.
It is the seller’s responsibility to pay the broker’s fee |
| Consideration | The buyer and seller negotiate the actual price of the property. This can be cash, the forgiveness of debt, shares, or a combination of all three |
| Earnest Money | Earnest money is a small percentage of the property price, deposited in escrow by the buyer to confirm they are interested in the deal. The section includes information on the negotiated amount and the instructions on making the deposit |
| Contingency | This part includes the following contingencies:
|
| Closing date | The date when the purchase is officially communicated to the state government. This is also the date when the seller receives the money |
| Parties in the agreement | The name and contact information of both parties must be stated. There can be more than two parties if a business is involved |
| Penalties | If any party violates the deal, the Penalties section should determine the remedies |
Buyers must inspect the property with due diligence before closing the deal. Although Washington State requires property owners to disclose any defects the property might have, it is up to the buyer to investigate thoroughly before closing. If there is a dispute, the burden of proof is on the buyer, not the seller.
What Happens if a Party Fails To Honor the Contract in Washington State?
A sale and purchase agreement is a legally binding document. If a signer fails to honor the contract, it is considered a breach, and the guilty party must face legal consequences. In Washington State, the non-guilty party should receive the following compensation:
| For the Buyer | For the Seller |
| Termination of the contract | Liquidated damages |
| Specific performance | Specific performance |
| Return of deposit, plus additional compensation | Indemnity obligations |
Draft Legal Documents Using DoNotPay
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Here is what we offer:
- in your browser
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And you’re done! We generate a document that you can print, sign, and get notarized.
creates various contracts and agreements, such as:
- Non-Disclosure Agreement
- Independent Contractor Agreement
- Bill of Sale
- General Business Contract
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- LLC Operating Rules Document
- Residential Lease Agreement
- Intent To Purchase Real Estate
- Estoppel Certificate
- Quitclaim Deed
- General Affidavit
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- Prenuptial Agreement
- Child Care Authorization Form
- Child Custody Form
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