Agreement permitting a buyer to take early possession of real property before the scheduled closing date, in exchange for a per-diem occupancy fee and assumption of certain risk-of-loss obligations.
The Possession Before Closing Agreement is a ready-to-use real estate template you can send for signature in minutes. It is written for 2 signers (buyer and seller) and, by default, expires 30 days after it is sent if left unsigned. It covers two signers, agreement, possession, closing, real estate. Like every Abundera Sign template it is a convenience draft structured for ESIGN Act and UETA compliance, not a substitute for legal advice. Each signed copy is sealed with PAdES-LTA digital signatures, dual RFC 3161 timestamps, and a tamper-evident evidence package in WORM storage.
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# Possession Before Closing Agreement **Date:** ___________ This Possession Before Closing Agreement ("Agreement") is entered into by and between: **Buyer:** ___________, whose address is ___________ ("Buyer") **Seller:** ___________, whose address is ___________ ("Seller") ## 1. Property **Property Address:** ___________ **Legal Description:** ___________ **Purchase Agreement Date:** ___________ **Scheduled Closing Date:** ___________ ## 2. Early Possession Subject to the terms and conditions of this Agreement, Seller hereby grants Buyer a limited license to occupy and use the Property beginning on ___________ (the "Early Possession Date") through the earlier of (a) the date the transaction closes escrow, or (b) termination of this Agreement in accordance with its terms (the "Possession Period"). This Agreement creates a license to occupy, not a landlord-tenant relationship. Buyer does not acquire any leasehold or other property interest in the Property by virtue of this Agreement. ## 3. Occupancy Fee **Daily Occupancy Fee:** ___________ per calendar day **Fee Payment:** The total occupancy fee shall be calculated from the Early Possession Date through the actual closing date and shall be: ___________ **Security Deposit:** ___________, due and paid to Seller on or before the Early Possession Date, to be applied to any damages or unpaid fees and returned to Buyer within ___________ after closing if no damages exist. ## 4. Condition of Premises Buyer has inspected and accepts the Property in its current "as-is" condition as of the Early Possession Date, subject to any repair obligations of Seller under the purchase agreement. Buyer shall not commence any repairs, alterations, or improvements to the Property during the Possession Period without Seller's prior written consent.