Utah Real Estate Purchase Contract (REPC) — A Complete Guide for Buyers and Sellers

The Real Estate Purchase Contract — commonly called the REPC — is the standard form used in nearly all residential real estate transactions in Utah. Published by the Utah Division of Real Estate, it's the legal backbone of any home sale.

Whether you're a first-time buyer or an experienced seller, understanding the REPC is essential. Here's a section-by-section walkthrough in plain English.

What is the REPC?

The REPC is a legally binding contract between a buyer and a seller for the purchase of residential real estate in Utah. Once both parties sign it, the terms are enforceable — meaning neither side can back out without consequences unless a contingency or legal provision allows it.

The form is standardized to ensure consistency across transactions, but it's also customizable. Buyers and sellers can negotiate nearly every term — price, closing date, contingencies, inclusions, and more.

The current version of the REPC is periodically updated by the Utah Division of Real Estate. Always make sure you're using the most recent version.

Section 1: Offer and property information

This section identifies the basics:

• Buyer and seller names — legal names of all parties
• Property address — the physical address and legal description of the property
• Offer date and expiration — how long the seller has to respond before the offer expires

If the seller doesn't respond by the expiration date and time, the offer is automatically void. This is important — it creates urgency without requiring the buyer to formally withdraw.

Section 2: Purchase price and financing

This is where the financial terms live:

• Purchase price — the total amount the buyer is offering
• Earnest money deposit — typically 1% to 2% of the purchase price in Utah, deposited within a specified number of days after acceptance
• Financing type — cash, conventional, FHA, VA, or other loan types
• Down payment amount — the difference between the loan amount and the purchase price
• Loan approval deadline — the date by which the buyer must secure financing

If the buyer is paying cash, the financing sections are simplified. For financed purchases, the loan type matters because FHA and VA loans have additional requirements (like property condition standards) that can affect the transaction.

What happens if you leave the earnest money amount blank? The contract may still be valid, but it creates ambiguity. A missing earnest money amount could lead to disputes about whether the buyer is committed. Always specify a dollar amount.

Section 3: Settlement and closing

• Closing date — the date by which the transaction must be completed
• Closing location — typically a title company in Utah
• Possession date — when the buyer gets the keys (usually the same day as closing, but not always)

If the seller needs extra time after closing, a rent-back arrangement can be added via addendum. This is common in Utah, especially when sellers are buying their next home simultaneously.

Section 4: Included and excluded items

This section defines what stays with the property and what the seller takes:

Standard inclusions (unless specifically excluded):

• Fixtures — lighting, plumbing fixtures, built-in appliances
• Window coverings — blinds, shutters, curtain rods
• Landscaping — trees, shrubs, irrigation systems
• Attached items — garage door openers, security systems, TV wall mounts

Common exclusions:

• Personal property — furniture, portable appliances
• Specific fixtures the seller wants to keep — a chandelier, for example
• Items not permanently attached

This is a frequent source of disputes. If there's any question about whether an item stays or goes, spell it out explicitly. A decorative shelf that's screwed into the wall is technically a fixture. If the seller wants to take it, they need to exclude it in writing.

Section 5: Water rights and water shares

Unique to states like Utah, this section addresses water rights — particularly relevant for properties with irrigation, agricultural use, or in rural areas. It specifies:

• Whether water rights or shares convey with the property
• The type of water right (well, spring, irrigation company shares, etc.)
• Whether there are limitations or assessments

In urban areas along the Wasatch Front, this section is often straightforward. In rural areas, water rights can be complex and extremely valuable — sometimes worth more than the land itself. Always verify what you're getting.

Section 6: Seller disclosures

The seller is required to provide a Seller's Property Condition Disclosure form within a specified number of days after acceptance. This form covers known defects and conditions of the property.

The buyer then has a set period (defined in the REPC) to review the disclosures and decide whether to proceed, renegotiate, or cancel.

Key point: the disclosure obligation is ongoing. If the seller becomes aware of a new defect after completing the form, they're still obligated to disclose it.

Section 7: Buyer's due diligence

This is the inspection contingency section and one of the most important parts of the REPC. It establishes:

• Due diligence deadline — the date by which the buyer must complete all inspections and investigations
• What the buyer can inspect — essentially everything: structure, systems, environmental hazards, pests, survey, zoning compliance, HOA documents, and more
• Buyer's options after inspection — the buyer can request repairs, request a price reduction, accept the property as-is, or cancel the contract entirely

Before the due diligence deadline, the buyer has broad protection. After the deadline passes, the buyer has accepted the property's condition and generally cannot cancel based on property issues.

This deadline is critical. Missing it can mean losing your right to cancel or negotiate repairs.

Section 8: Financing condition

If the purchase is financed, this section protects the buyer:

• Financing deadline — the date by which the buyer must receive loan approval
• Appraisal provision — what happens if the property appraises below the purchase price

If the buyer cannot secure financing by the deadline, they can cancel the contract and receive their earnest money back (assuming they've acted in good faith). This is a significant protection for buyers.

If the appraisal comes in low, the REPC provides a framework for renegotiation. The buyer and seller can agree to a lower price, the buyer can make up the difference in cash, or either party can cancel.

Section 9: Additional terms and addenda

Any terms that don't fit neatly into the standard form go here. Common additions include:

• Rent-back agreements
• Repair credits
• Appliance or furniture inclusion
• Sale-of-buyer's-home contingency
• Specific closing cost allocations

Addenda are separate documents that attach to and become part of the REPC. They're used for situations that need more detail than a blank line allows.

Section 10: Closing costs

This section outlines who pays what:

• Title insurance — in Utah, the seller typically pays for the owner's title insurance policy
• Title company fees — shared or negotiable
• Loan-related costs — generally the buyer's responsibility
• Property taxes and HOA dues — prorated at closing

Closing cost allocations are negotiable. In a buyer's market, sellers may agree to cover some of the buyer's closing costs. In a seller's market, buyers may offer to cover costs that the seller traditionally pays.

What happens after both parties sign

Once the REPC is signed by both buyer and seller:

1. The buyer deposits earnest money within the specified timeframe
2. The buyer conducts inspections and due diligence
3. The buyer secures financing
4. Title search and insurance are completed
5. Final walkthrough occurs
6. Closing happens at the title company

Each step has a corresponding deadline in the REPC. Missing a deadline can have consequences — including loss of earnest money or loss of contingency protections.

Using the REPC without an agent

If you're buying or selling without agent representation, the REPC is still the standard document to use. You can:

• Download the current form from the Utah Division of Real Estate
• Have a real estate attorney review and help you complete it
• Use a platform like Aletheia to submit structured offers that include the key REPC terms — price, financing, contingencies, and timelines

Understanding each section helps you negotiate from a position of knowledge, whether you're represented or not. To see what a structured offer looks like on the platform, check out the demo.

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Frequently asked questions

Is the REPC required in Utah?

The REPC is not legally required, but it's the standard form used in virtually all residential transactions in Utah. Using it provides consistency and legal clarity for both parties. Deviating from the standard form without legal counsel is risky.

Can I modify the REPC?

Yes. Buyers and sellers can negotiate and modify nearly every term. Modifications are typically made through addenda — additional documents that attach to and become part of the contract. An attorney can help draft custom addenda.

What happens if a deadline in the REPC is missed?

The consequences depend on which deadline. Missing the due diligence deadline generally means the buyer has accepted the property's condition. Missing the financing deadline may allow cancellation. Missing the closing date can trigger default provisions. Each deadline matters — track them carefully.

Who fills out the REPC — the buyer or the seller?

Traditionally, the buyer (or the buyer's agent) prepares the REPC as part of the offer. The seller then reviews, counters, or accepts. Both parties sign the final version. Without agents, either party can prepare the document, but the buyer typically initiates.

Do I need a lawyer to review the REPC?

It's not required, but strongly recommended — especially if you're not represented by an agent. A real estate attorney can explain the legal implications of each provision and help you avoid costly mistakes.

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This article is for informational purposes only and does not constitute legal, financial, or real estate advice. Consult with licensed professionals for guidance specific to your situation.