The Utah Real Estate Purchase Contract (REPC) is the standard form used for residential real estate transactions in Utah. It governs the entire transaction from offer to closing, including purchase price, contingencies, timelines, and default remedies. Understanding its key provisions protects both buyers and sellers from costly mistakes.
Last updated: July 2026
Key Takeaways
- The Utah REPC is a standardized form created by the Utah Association of Realtors, but it can be customized with addenda.
- Common contingencies include financing, appraisal, inspection, and sale of the buyer’s current home.
- The REPC includes strict deadlines; missing a deadline can result in losing the deposit or the property.
- Buyers and sellers should understand the default provisions, including earnest money forfeiture and specific performance.
- An attorney can review the REPC before signing to identify unfavorable terms or missing protections.
The REPC is the backbone of nearly every residential real estate transaction in Utah. Real estate agents use the form published by the Utah Association of Realtors (UAR), which is updated periodically. The standard REPC runs approximately 10 pages plus addenda. It covers every phase of the transaction, including earnest money, contingencies, closing, possession, and dispute resolution.
While the REPC is standardized, the parties can modify it through addenda or by striking and initialing changes. Every modification should be in writing and signed by both parties. Oral agreements are generally not enforceable under the Utah Statute of Frauds, which requires real estate contracts to be in writing.
What contingencies are included in the Utah REPC?
Contingencies are conditions that must be satisfied before the buyer is obligated to close. The standard Utah REPC includes several default contingencies, and buyers can add others. Each contingency has a specific deadline, and if the buyer does not waive the contingency in writing by the deadline, the contract may terminate automatically.
The financing contingency gives the buyer a set number of days to obtain a loan commitment. If the buyer cannot get approved for financing, they can terminate the contract and receive their earnest money back. The standard period is 21 to 30 days, but this is negotiable.
The inspection contingency allows the buyer to have the property inspected by licensed professionals. The standard period is 10 to 14 days. If the inspection reveals defects the buyer finds unacceptable, the buyer can negotiate repairs, request a price reduction, or terminate the contract. The seller is not required to make repairs unless the contract specifically obligates them.
The appraisal contingency protects the buyer if the property appraises for less than the purchase price. If the appraisal comes in low, the buyer can negotiate a lower price, make up the difference in cash, or terminate. This contingency has become particularly important in Utah’s competitive housing market where buyers sometimes waive it to win bidding wars, exposing themselves to significant financial risk.
The sale of buyer’s property contingency allows the buyer to make the purchase contingent on selling their current home. Sellers often view this contingency unfavorably because it introduces uncertainty. In a strong seller’s market, buyers may waive this contingency to make their offer more competitive.
What are the key deadlines under the Utah REPC?
The REPC operates on strict deadlines. Missing a deadline can have serious financial consequences. Every date in the contract is calculated from the date of acceptance, which is defined as the date the last party signs the offer.
Key deadlines include the earnest money deposit deadline (typically 1 to 3 business days after acceptance), the inspection objection deadline, the financing commitment deadline, the appraisal deadline, and the closing date. The contract specifies each deadline as a specific calendar date, not a number of days.
If a deadline falls on a weekend or holiday, Utah law extends the deadline to the next business day unless the contract states otherwise. Parties should monitor all deadlines carefully and communicate with their agent and lender well in advance. Many disputes arise from missed deadlines that could have been avoided with a simple extension agreement.
| Contingency | Typical Duration | Purpose |
|---|---|---|
| Financing | 21-30 days | Buyer obtains loan commitment |
| Inspection | 10-14 days | Buyer inspects property condition |
| Appraisal | 21-30 days | Property value verified |
| Title Review | Varies | Title company reviews title |
| Sale of Buyer’s Home | Negotiated | Buyer sells current home |
How does earnest money work under the Utah REPC?
Earnest money is a deposit the buyer makes to show good faith. The standard amount is typically 1% to 3% of the purchase price, though this varies. The money is held by a third party, usually a title company or real estate brokerage, in a trust or escrow account.
If the transaction closes successfully, the earnest money is credited toward the buyer’s down payment or closing costs. If the buyer defaults without a valid contractual reason, the seller may be entitled to keep the earnest money as liquidated damages. The REPC includes a liquidated damages provision that caps the seller’s recovery at the earnest money amount, meaning the seller cannot sue for additional damages if the buyer breaches.
If the seller defaults, the buyer can either terminate the contract and get the earnest money back or sue for specific performance to force the sale. Specific performance is a legal remedy in which the court orders the seller to transfer the property to the buyer. Utah courts have the power to grant specific performance for real estate contracts because each property is considered unique.
What happens at closing under the Utah REPC?
Closing is the final step in the transaction. The buyer pays the remaining purchase price, the seller signs the deed transferring title, and the title company records the transaction with the county recorder. The REPC specifies the closing date, the location, and the closing agent (usually a title company).
Before closing, the title company conducts a title search to ensure the seller has clear title to the property. The title search reveals liens, easements, covenants, and other encumbrances. The buyer has the right to review the preliminary title report and object to any title defects before closing.
The REPC also specifies which party pays for various closing costs. Common expenses include the title insurance policy, recording fees, transfer taxes, escrow fees, and pro-rated property taxes. The contract should spell out who pays for each item. In Utah, it is common for the buyer and seller to each pay for their own title insurance policy.
What happens if a party breaches the Utah REPC?
The REPC includes detailed remedies for breach. If the buyer fails to close, the seller’s primary remedy is to keep the earnest money as liquidated damages. The contract expressly states that this is the seller’s sole remedy, meaning the seller cannot sue for additional losses.
If the seller fails to close, the buyer can choose to terminate the contract and get the earnest money back, or file a lawsuit for specific performance. The REPC also allows the prevailing party in any legal dispute to recover attorney fees and costs. This fee-shifting provision makes litigation less risky for the party who is in the right.
Mediation is required before either party can file a lawsuit under the standard REPC. This mandatory mediation clause requires both parties to attempt good-faith negotiation with a neutral mediator. If mediation fails, the parties can proceed to court. The mediation requirement typically adds 30 to 60 days to the dispute resolution timeline.
Frequently Asked Questions
Can I write my own real estate purchase contract in Utah?
Yes, you can draft your own contract, but it must comply with the Utah Statute of Frauds. Using the standard REPC form is recommended because it has been tested in court and covers all essential terms.
Do I need a real estate agent to use the Utah REPC?
No, the REPC can be used without an agent, but agents and attorneys understand the form’s provisions and can help you avoid mistakes. Real estate agents are typically compensated through commission, not by charging for the form.
Can a buyer back out of a Utah REPC without penalty?
Only if the buyer is within an active contingency period. After contingencies are waived, backing out typically results in forfeiting the earnest money deposit.
What is the “time is of the essence” clause in the Utah REPC?
This clause means all deadlines in the contract are strictly enforced. Missing a deadline, even by one day, can constitute a breach. Parties should request extensions in writing before deadlines pass.
Can the seller accept a higher offer after signing the REPC?
No. Once both parties sign the REPC, it is a binding contract. The seller cannot accept a competing offer unless the first buyer fails to satisfy contingencies or otherwise breaches the contract.
Is the Utah REPC used for commercial real estate?
No. The standard REPC is designed for residential transactions (1-4 units). Commercial transactions typically use different forms, often drafted by attorneys to address the specific needs of the commercial deal.
How long is the Utah REPC valid?
The REPC includes an expiration date for the offer. If the seller does not accept the offer by that date and time, the offer expires automatically. The expiration date is typically 24 to 72 hours after the offer is presented.
Can a buyer assign the Utah REPC to another person?
Assignment is permitted unless the contract prohibits it. Many sellers require a non-assignment clause to prevent the buyer from flipping the contract. If the contract is silent on assignment, the buyer can generally assign with the seller’s consent.
Need Legal Help With Your Real Estate Matter in Utah?
The Utah REPC is a legally binding document with significant financial consequences. Before signing, both buyers and sellers should understand their obligations, deadlines, and remedies. An attorney can review the contract, explain your rights, and help you negotiate terms that protect your interests.
Need help with your real estate legal matter in Utah? Attorney Jeremy Eveland has the experience to guide you through Utah real estate law.
Call (801) 613-1472 to speak with Jeremy Eveland today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah real estate attorney for advice specific to your situation.
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