Key Takeaways

  • Purchase contracts in NY are typically prepared by attorneys, not licensees
  • The binder or offer to purchase is a preliminary agreement before the formal contract
  • Common contingencies include financing, inspection, and attorney review
  • Earnest money is held in the broker's escrow account until closing or termination
  • Time is of the essence clauses make deadlines strictly enforceable
Last updated: January 2026

Purchase Contracts & Contingencies

New York has a unique, attorney-driven contract process.

The NY Contract Process

Typical Sequence

StepDescription
1. OfferBuyer makes offer
2. BinderPreliminary agreement (if used)
3. Attorney reviewBoth sides review
4. Contract signingFormal contract
5. Due diligenceInspections, etc.
6. ClosingTitle transfer

Binder (Offer to Purchase)

A binder is a preliminary agreement:

FeatureDetail
Not bindingTypically non-binding
Shows intentSerious buyer
Key termsPrice, property, parties
Attorney reviewFull contract follows

Note: In NY, attorneys typically draft the formal purchase contract.

Contract Elements

Essential Terms

ElementDescription
PartiesBuyer and seller names
PropertyLegal description
Purchase priceAmount
Financing termsLoan details
Closing dateTarget date
ContingenciesConditions
SignaturesAll parties

Common Contingencies

Financing Contingency

FeatureDetail
PurposeBuyer must obtain loan
Time frameUsually 30-45 days
If not obtainedBuyer can cancel
Deposit returnedIf financing fails

Inspection Contingency

FeatureDetail
PurposeProfessional inspection
Time frameUsually 10-14 days
Issues foundNegotiate or cancel
TypesHome, pest, radon, etc.

Attorney Review

FeatureDetail
NY practiceStandard in NY
Time frameUsually 3-5 days
Either partyCan disapprove
ModificationsOften negotiated

Appraisal Contingency

FeatureDetail
PurposeProperty must appraise
Tied to loanLender requirement
Low appraisalRenegotiate or cancel

Earnest Money

AspectDetail
PurposeShows good faith
AmountTypically 1-3% in NY
Held byBroker escrow or attorney
DispositionApplied to purchase or returned

Time is of the Essence

FeatureMeaning
Strict deadlinesMust be met exactly
No extensionsUnless agreed
BreachIf deadline missed
DefaultRemedies available
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NY Contract Process
Test Your Knowledge

In New York, who typically prepares the formal purchase contract?

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Test Your Knowledge

What does "time is of the essence" mean in a real estate contract?

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