The Utah Real Estate Purchase Contract is the legal document that governs your FSBO transaction from offer acceptance through closing. It's a standard form used by real estate agents throughout Utah, which means lenders and title companies know it well.
You can fill it out yourself. But it's important to understand what you're agreeing to — because the deadlines are binding and the terms have real consequences.
Section 1: Property and Parties
Enter the full legal description of the property, the property address, and the full legal names of both buyer(s) and seller(s). Use legal names as they appear on title — not nicknames. If you're married and both spouses are on title, both need to sign.
Section 2: Purchase Price and Financing
States the agreed purchase price and how the buyer is paying: cash, conventional, FHA, or VA. If the buyer is financing, specify the loan amount, loan type, and maximum interest rate the buyer will accept.
Watch for: buyers with minimal down payments — they're more likely to have financing complications.
Section 3: Earnest Money
Typically 1–3% of the purchase price, held by the title company. The REPC specifies how many days after signing the buyer has to deliver it (usually 3 business days). Higher earnest money signals a more committed buyer.
Section 4: Included and Excluded Items
Fixtures are generally included by default. If you want to keep a specific chandelier or mounted TV, exclude it explicitly. If the buyer expects the refrigerator to stay, include it explicitly. Vagueness here causes disputes at closing.
Section 5: Settlement and Possession
The settlement date is your closing date. If the buyer is financing, allow 30–45 days. Cash deals can close in 7–10 days. Possession is usually the same day as settlement unless you negotiate otherwise.
Section 6: Deadlines
This is the most important section. Every date is binding — put them all on your calendar.
- Due Diligence Deadline: Buyer can cancel for any reason before this date. Typically 10–14 days from contract.
- Seller Disclosure Deadline: When you must deliver the Seller Disclosure. Usually 3–5 days from contract.
- Financing Deadline: Buyer must have a firm loan commitment by this date.
- Appraisal Deadline: Property must appraise by this date.
- Settlement Deadline: Your closing date.
Section 7: Title and Title Insurance
Designates the title company. In Utah, sellers typically pay for the buyer's owner's title insurance policy. The buyer's lender will require a separate lender's policy at the buyer's expense.
Common REPC Mistakes to Avoid
- Wrong deadlines. Make sure your settlement date gives the buyer's lender enough time.
- Leaving blanks. Fill in every section. Use "N/A" for sections that don't apply.
- Verbal agreements. Put everything in a signed addendum — verbal agreements aren't enforceable.
- Wrong legal names. Use full legal names as they appear on ID or title documents.
- Ignoring addenda. Read every word of any addendum the buyer submits.
Want Help With Your Contract?
We prepare the Utah REPC and all addenda, walk you through every section, and answer your questions. Start with a free consultation call.
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