A forward purchase agreement, or FPA, is a legally binding contract between a buyer and a seller in which they agree to a future transaction of assets at a predetermined price. This type of contract is often used in the real estate industry, where a buyer agrees to purchase a property from a seller at a later date. In this article, we will explore a sample FPA and discuss its importance in the real estate buying process.
Sample Forward Purchase Agreement
[Insert Name of Buyer] (the “Buyer”) agrees to purchase from [Insert Name of Seller] (the “Seller”) the Property described below (the “Property”) on the Closing Date (as defined below).
Property: [Insert Description of Property]
Closing Date: [Insert Date]
Purchase Price: [Insert amount in words and figures]
Deposit: [Insert amount in words and figures]
Conditions Precedent: This Agreement is subject to the following conditions precedent:
[Insert Conditions Precedent]
Closing: The closing of the transaction contemplated by this Agreement (the “Closing”) shall occur on the Closing Date at [Insert Location].
Seller`s Representations: The Seller represents and warrants to the Buyer that:
Buyer`s Representations: The Buyer represents and warrants to the Seller that:
Termination: This Agreement may be terminated by:
[Insert Termination Clause]
In conclusion, a forward purchase agreement is an essential tool in the real estate industry. It allows both the buyer and seller to agree on a future transaction and eliminates the risk of either party backing out of the deal. The sample FPA provided above can serve as a template for creating a customized FPA that meets the needs of the parties involved. Remember to consult with a legal professional before signing any contracts to ensure that your interests are properly protected.