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Real Estate Legal Templates: Clarity, Protection, and Efficiency in Property Transactions

Real Estate Legal Templates: Clarity, Protection, and Efficiency in Property Transactions

Real Estate Legal Templates: Clarity, Protection, and Efficiency in Property Transactions

Jul 18, 2025

3

Min read

Greg Mitchell | Legal consultant at AI Lawyer

Table of Contents

1. Introduction: Why Real Estate Legal Templates Matter

2. Essential Real Estate Documents Overview

 2.1 Rental Inspection Checklist

 2.2 Real Estate Purchase Agreement Template

 2.3 Real Estate Agency Agreement

 2.4 Property Management Agreement

 2.5 Mortgage Agreement

3. Comparison Table: Purpose, Key Terms, and Legal Weight of Real Estate Agreements

4. Regional Requirements and Nuances

 4.1 U.S. State-Specific Rules (California, New York, Texas, Florida, Illinois)

 4.2 International Perspectives (EU, UK, Canada)

5. Legal & Market Trends (2024–2025) Affecting Real Estate Contracts

 5.1 Digital Signatures, Blockchain Titles & AI Valuations

 5.2 Tenant Rights, Zoning Changes & Green Building Compliance

 5.3 Mortgage Regulation and Cross-Border Property Deals

6. Conclusion: Why Use AI Lawyer Templates for Real Estate Documentation



1. Introduction: Why Real Estate Legal Templates Matter


Real estate transactions involve high-value assets and complex regulations, so having well-crafted legal documents is criticalspotdraft.compaperlesspipeline.com. Standardized contract templates in real estate introduce much-needed consistency and efficiencyjoannakoziollek.com. By using templates, parties can close more deals with less time spent drafting from scratchjoannakoziollek.com. Templates ensure that essential terms (like purchase price, property description, contingencies, etc.) are always includedspotdraft.com, reducing the chance of forgetting key provisions. They also help translate complex legal terms into understandable language, ensuring compliance and transparencyspotdraft.comspotdraft.com.

That said, templates are only valuable if kept up-to-date and tailored to the specific deal. Professionals often customize a base template to fit each property’s facts and to comply with current lawjoannakoziollek.com. As regulations change over time, templates must be regularly revised to remain enforceable and protect all parties’ interestsjoannakoziollek.com. Overall, real estate legal templates save time, improve accuracy, and provide a solid starting point – but should be used with care to ensure they meet the unique needs of each transaction.

Failing to use precise and up-to-date real estate documentation can result in transaction delays, disputes over property conditions, unclear financial obligations, or unenforceable agreements. Templates reduce these risks by standardizing language, incorporating mandatory legal disclosures, and providing clarity around rights and responsibilities.

In this article, we examine the most critical real estate legal templates in use today, explain their structure and purpose, and analyze how recent legal developments—such as digital closing technologies, non-resident ownership trends, and ESG compliance—are reshaping how these documents are created and enforced. Whether you're a broker, landlord, investor, or legal advisor, understanding and using the right templates can ensure your real estate transactions are secure, compliant, and efficient.



2. Essential Real Estate Documents Overview


Real estate transactions are legally intensive and document-driven. Each agreement or form plays a specific role in reducing risk, defining obligations, and ensuring regulatory compliance. Whether you’re leasing out a property, selling a home, or managing rental income on behalf of a third party, having the right legal documentation in place is critical.

This section outlines five core legal templates frequently used across real estate deals. Each template serves a distinct legal function—from facilitating inspections to documenting ownership transfer—and must be tailored to meet both local real estate laws and contractual best practices.


2.1 Rental Inspection Checklist


What it is: A Rental Inspection Checklist is a detailed form used to document the condition of a rental property at move-in and move-outbuildium.com. It itemizes the state of walls, floors, appliances, fixtures, etc., often with both landlord and tenant signing off.

Why it’s important: This checklist creates an evidence record of the property’s condition to prevent disputes laterbuildium.comlawinfo.com. By noting existing damage or wear at move-in, a landlord can’t unfairly blame a tenant for pre-existing issues, and tenants are protected from losing their security deposit over prior damagelawinfo.com. The checklist ensures accountability – tenants know they must maintain the unit, and landlords are aware of needed repairsbuildium.com. In many jurisdictions, having a documented inspection process is even a legal requirement; a signed checklist can be used in court to resolve damage claimsbuildium.com. Overall, rental inspection checklists encourage proper maintenance and foster trust by making expectations clear buildium.com.

Legal value:
In many jurisdictions, this form is required to justify withholding security deposits. It protects both landlord and tenant by creating a documented baseline of the property’s condition.

When to use:
At the start and end of every tenancy. May also be used during periodic mid-lease inspections.

Download Template: Rental Inspection Checklist

For more information about the Rental Inspection Checklist, please refer to our article. Real Estate Lawyer Near You: A Comprehensive Guide | AI Lawyer Insights

Or create your own document yourself with the help of AI ailawyer.pro.


2.2 Real Estate Purchase Agreement Template


What it is: The Real Estate Purchase Agreement (also called a Purchase and Sale Agreement, or PSA) is the legally binding contract between a buyer and seller outlining all terms for a property salespotdraft.comspotdraft.com. It covers details like the purchase price, property description, closing date, financing terms, contingencies (inspections, appraisal), earnest money, and obligations of each partyspotdraft.comspotdraft.com.

Key points: This agreement sets the stage for the transaction but does not itself transfer title (the actual transfer happens via a deed at closing)spotdraft.com. By clearly defining who will do what and when, the purchase agreement provides critical legal protection – if either side fails to perform, the other can enforce the contract or seek remediesspotdraft.com. Typical clauses include financing and inspection contingencies (allowing the buyer to exit if mortgage approval or inspection results aren’t satisfactory)spotdraft.com, the closing logistics, allocation of closing costs, and what happens to deposits if the deal falls throughspotdraft.com. In essence, the purchase agreement is “the roadmap” of the deal, ensuring all parties understand their obligations before the sale proceedsspotdraft.com. Without a written contract, real estate sales (which by law must be in writing) would be chaotic and unenforceable – this document brings clarity and enforceability to complex transactionsspotdraft.com.

Download Template: The Real Estate Purchase Agreement

For more information about the The Real Estate Purchase Agreement, please refer to our article. Real Estate Lawyer Near You: A Comprehensive Guide | AI Lawyer Insights

Or create your own document yourself with the help of AI ailawyer.pro.


2.3 Real Estate Agency Agreement


What it is: A Real Estate Agency Agreement is a contract between a property owner (or buyer) and a real estate agent/broker that authorizes the agent to represent the client in a sale or purchase. A common form is a listing agreement for sellers, which gives the agent the right to list and market the propertypaperlesspipeline.com. It can also refer to buyer-broker agreements for buyer representation.

Key points: The agreement defines the scope of the agent’s duties and the terms of compensation (typically a commission percentage of the sale price). It will specify the type of agency arrangement. For example, in a listing agreement:

  • Exclusive Right to Sell: The agent has the exclusive right to earn a commission if the property sells, regardless of who finds the buyerpaperlesspipeline.com.

  • Exclusive Agency: Similar exclusivity, but if the owner finds a buyer on their own, the agent may not get a commissionpaperlesspipeline.com.

  • Open Listing: The owner can engage multiple agents; only the agent who brings the successful buyer earns the commissionpaperlesspipeline.com.

The agreement also covers the listing price, duration of the agreement, marketing plan, and responsibilities (e.g. whether the agent can put up a sign, MLS listing, etc.). Legal weight: This is a binding services contract – if a seller tries to avoid paying commission or an agent breaches duties, the agreement is enforceable. Many states require agency agreements to be in writing and include disclosures about the agent’s fiduciary duties. Overall, the Real Estate Agency Agreement formalizes the partnership between an agent and client, aligning expectations in the sale or search for property.

Download Template: A Real Estate Agency Agreement

For more information about the A Real Estate Agency Agreement, please refer to our article. Real Estate Lawyer Near You: A Comprehensive Guide | AI Lawyer Insights

Or create your own document yourself with the help of AI ailawyer.pro.


2.4 Property Management Agreement


What it is: A Property Management Agreement is a contract between a property owner and a property manager (or management company) outlining the manager’s duties and authority in running the rental property. It effectively outsources day-to-day landlord tasks to a professional manager.

Key points: This agreement details the scope of the manager’s responsibilities, which may include marketing the property and screening tenants, collecting rent, handling maintenance and repairs, complying with landlord-tenant laws, and even evicting tenants when necessaryturbotenant.comturbotenant.com. It also specifies how funds are handled (e.g. will the manager hold a separate trust account for rents), the management fee or percentage the manager earns, and the term of the agreement and termination conditions. Crucially, it defines the owner’s obligations too – for example, to maintain a reserve fund for expenses or to carry proper insurance.

Why it’s important: A solid property management agreement ensures clear expectations. By spelling out duties and compensation, it minimizes disputes between owner and managerturbotenant.com. It formalizes the relationship so both sides understand what decisions the manager can make independently (like emergency repairs up to a certain dollar amount) versus what requires owner approval. Since it’s legally binding, either party can be held accountable if they don’t fulfill their obligations – for instance, if a manager mismanages funds or an owner fails to pay the manager as agreed. In sum, this agreement is essential for maintaining a professional, hassle-free landlord-manager relationshipturbotenant.comturbotenant.com, and it provides legal recourse if either side breaches the contract.

Download Template: A Property Management Agreement

For more information about the A Property Management Agreement, please refer to our article. Real Estate Lawyer Near You: A Comprehensive Guide | AI Lawyer Insights

Or create your own document yourself with the help of AI ailawyer.pro.


2.5 Mortgage Agreement


What it is: A Mortgage Agreement (or mortgage contract) is the document that creates a lien on real estate in exchange for a loan. It’s signed between the borrower (mortgagor) and lender (mortgagee) when the borrower takes out a home loannewamericanfunding.com. In some states a Deed of Trust is used instead (with a trustee as third party), but the function is similar.

Key points: The mortgage agreement outlines all the terms of the loan and the duties of each partynewamericanfunding.comnewamericanfunding.com. This typically includes: the principal amount borrowed, interest rate (fixed or adjustable) and how it’s computednewamericanfunding.com, the repayment schedule and length of the loan (e.g. 30-year term)newamericanfunding.com, any down payment or equity requirements, escrow for taxes/insurance, late fees and grace periods, and what constitutes default. It also spells out the lender’s rights – most importantly, the right to foreclose on the property if the borrower fails to repay as agreednewamericanfunding.comnewamericanfunding.com. The borrower agrees to use the property as collateral, meaning they could forfeit ownership if they defaultnewamericanfunding.comnewamericanfunding.com.

Legal weight: A mortgage is heavily legally binding and often recorded in land records as a lien. It effectively ties the property to the debt. Mortgage agreements are subject to many regulations (truth-in-lending disclosures, etc.) to protect borrowers, but once signed, the borrower must comply or risk losing the home. Key clauses include acceleration (the lender can demand full payment if the borrower defaults) and power-of-sale (in some states allowing foreclosure without court). In short, the mortgage agreement is what enables homeownership for millions via financing – but it formalizes that the lender can claim the property if the loan terms aren’t metnewamericanfunding.comnewamericanfunding.com.

Download Template: The mortgage agreement

For more information about the mortgage agreement, please refer to our article. Real Estate Lawyer Near You: A Comprehensive Guide | AI Lawyer Insights

Or create your own document yourself with the help of AI ailawyer.pro.


3. Comparison Table: Purpose, Key Terms, and Legal Weight of Real Estate Agreements

Template

Use Case

Key Terms & Components

Legal Importance

Rental Inspection Checklist

To document property condition at move-in/out and prevent deposit disputes.

Inspection date, condition of each room, photos, signatures.

Often legally required to justify withholding deposits; protects both parties.

Purchase Agreement

To formalize property sale conditions between buyer and seller.

Price, disclosures, closing date, contingencies, financing terms.

Enforceable in court; must comply with state disclosure laws.

Agency Agreement

To authorize a broker/agent to list and sell/lease property.

Commission, duration, scope of services, exclusivity.

Determines commission rights and fiduciary duties; regulated by real estate boards.

Property Management Agreement

To delegate operational control of a property to a third party.

Rent collection, repair authority, manager fees, owner obligations.

Governs liability and authority; supports legal compliance in rental operations.

Mortgage Agreement

To secure a loan using property as collateral.

Loan amount, interest rate, default terms, foreclosure rights.

Legally recorded lien on property; critical for lenders and enforceable in court.

4. Regional Requirements and Nuances

Real estate transactions are governed by a dense web of local, state, and national laws. While standardized templates create consistency, they must be adapted to meet jurisdiction-specific rules around disclosure, contract formation, recording procedures, consumer protections, and more.

In this section, we examine how five major U.S. states and three international jurisdictions regulate key aspects of real estate agreements—and what this means for using templates legally and effectively.


4.1 U.S. State-Specific Rules (California, New York, Texas, Florida, Illinois)


  • California (CA): California has a very standardized practice thanks to the California Association of Realtors (C.A.R.) forms. Most residential transactions use the official C.A.R. Residential Purchase Agreement formcar.org, which is comprehensive. CA law mandates extensive seller disclosures – for example, nearly every home sale of 1–4 units requires a Transfer Disclosure Statement detailing the property’s condition and known issues, which must be provided to the buyer in a timely fashiondre.ca.gov. Various other addenda (for lead paint, natural hazard zones, etc.) are required by statutelucas-real-estate.com. California also has strong tenant protection laws that influence lease agreements: many residential leases include clauses from state law (like how and when a landlord can enter for inspectionbuildium.com, or statewide rent cap and just-cause eviction rules under AB 1482). Additionally, digital practices are common – electronic signatures on contracts are explicitly valid under California law, and platforms like DocuSign are widely used (over 80% of real estate firms now use electronic forms)paperlesspipeline.com.

  • New York (NY): New York’s real estate process is distinctive, especially downstate (NYC area). Attorneys play a central role – contracts are custom-drafted or at least reviewed by lawyers for both buyer and seller. An initial “offer” in NY (aside from certain new-build condo contracts) is typically non-binding. Unlike many states where signing an offer can immediately form a binding contract, in NY an accepted offer merely leads to drafting a formal contract, which only becomes binding once both parties sign and exchange counterpartscontractscounsel.com. This means buyers and sellers in NY can back out in the early stages more freely (which also introduces the infamous risk of “gazumping” or deals falling through last-minute). New York has two standard contract forms often used: one by the New York State Bar Association and one by the New York Realtors – both are thorough and once signed, put the parties “in contract” with typical contingenciescontractscounsel.comcontractscounsel.com. Another nuance: down payment escrow – it’s customary in NY for the buyer to tender a 5-10% contract deposit to be held in the seller attorney’s escrow account when contracts are signed. Lease agreements in NYC are heavily influenced by rent stabilization laws if the building/unit is under those rules, requiring specific riders. Overall, NY’s process is more old-fashioned (paper checks for deposits, etc.) and legally intensive, with regional customs (e.g. timeframe between contract and closing can be 60-90 days or more).

  • Texas (TX): Texas real estate contracts benefit from promulgated forms provided by the Texas Real Estate Commission (TREC). Licensed agents must use these standard contract forms for most transactionsaceableagent.com, which include the popular “One to Four Family Residential Contract” and others for condos, new builds, etc. These forms have built-in clauses specific to Texas law (for example, the handling of option fees, which is a Texas feature allowing buyers an option period to back out). Texas generally does not require attorneys at closing – title companies handle escrow and closing paperwork – but the standardization by TREC means a typical home sale contract in Dallas or Houston is very similar. Texas also has no state rent control (and even prohibits cities from imposing rent control)hemlane.comnlihc.org, but it does have unique landlord-tenant statutes (for instance, a required provision allowing tenants to terminate a lease early in cases of domestic violence or military deployment). Property management agreements in Texas must follow state property code rules (e.g. regarding locks, security devices, etc.). Another nuance: Texas is a deed of trust state – mortgages are usually in the form of a deed of trust with a power-of-sale clause, meaning foreclosure can be non-judicial (fast) if the borrower defaults, as allowed by Texas law.

  • Florida (FL): Florida’s real estate contracts often use the “FR/BAR” forms, which are jointly approved by Florida Realtors and The Florida Barfloridarealtors.org. There are two main versions: the standard Residential Contract for Sale and Purchase, and an “As-Is” version. These contracts are very detailed, covering Florida-specific matters like the required mold, flood, or radon gas disclosures (Florida law, for example, mandates a radon gas disclosure in real estate transactions). Florida recently enacted the “Live Local Act” in 2023 which, among other things, can preempt certain local zoning to encourage affordable housing – meaning commercial leases or development agreements might reference this if converting use. Florida leases and property management are influenced by strong landlord statutes but also some tenant-friendly laws (e.g. requiring 5-day notices for nonpayment evictions, etc.). Notably, in 2023–2024 Florida made it illegal for certain foreign nationals (from specific countries) to purchase property near critical infrastructure – a regional law that suddenly requires an extra attestation in closing documents about buyer nationality. When it comes to closings, Florida is often a Title Company or attorney closing state – either can oversee closing (it’s common to use title companies, except in some parts of South Florida where attorneys are more involved). Electronic notarization and remote online notarization are legal in Florida, making fully digital closings possible.

  • Illinois (IL): Illinois transactions are marked by the Multi-Board Residential Real Estate Contract (in Northern Illinois) – currently Multi-Board 7.0 – which is a comprehensive form used across many Realtor associations in the Chicago areaborlanorth.com. This standard contract includes unique clauses, such as a built-in attorney review period (typically 5 business days after acceptance) during which either party’s attorney can propose modifications or cancel the contract without penaltythechicagolandlawyer.com. This effectively gives a short window for legal fine-tuning even after buyer and seller sign. Illinois also requires that sellers provide a Residential Real Property Disclosure Report detailing known material defects to buyers (23 questions covering everything from plumbing to boundary disputes)go2court.com – failing to do so can give the buyer cancellation rights. Additionally, Illinois law mandates radon and lead paint disclosures in sales, and if the property is a condo or in a homeowners association, there are specific disclosure packets (e.g. 22.1 disclosure for condos regarding association finances, etc.). Lease agreements in Illinois are subject to local laws – for instance, Chicago has its own Residential Landlord Tenant Ordinance (RLTO) with stringent requirements (like summary of ordinance attached to every lease, capped late fees, security deposit handling rules, etc.). Practices: Illinois is usually an attorney-closing state – most buyers and sellers have lawyers, and closings are often conducted at a title company with attorneys present. A nuance in Chicagoland is the use of Plat of Survey – sales of standalone homes customarily require the seller to provide a new survey of the property, something not seen in all states. Finally, on the green building front, Chicago and some Illinois cities now require energy cost disclosures for certain buildings at sale – reflecting a growing trend of environmental compliance affecting real estate documents.


4.2 International Perspectives (EU, UK, Canada)


  • European Union (Civil Law countries): In much of continental Europe, the real estate conveyancing process is centered around civil law notaries. Unlike the U.S. where private attorneys or escrow companies handle transactions, countries like France, Germany, Spain, Italy, the Netherlands, etc. require a licensed notary to prepare or authenticate the sale contract and deed. For example, in Germany a notary drafts the sale contract, ensures clear title, and the parties sign it in the notary’s presence; only a notary-authenticated contract can transfer real propertyeui.eu. The notary acts as a neutral gatekeeper, also advising both parties of the legal implicationseui.eueui.eu. Typically, the agreement is binding once signed before the notary, but the transfer of ownership only occurs upon registration in the land registry (which the notary facilitates). Many EU countries have two stages: a preliminary contract (often with a deposit) and a later final deed. In France, for example, buyers and sellers often sign a compromis de vente (preliminary sale agreement) with a deposit, and later a Acte de Vente is executed by a notary. The EU also has strong consumer protections in real estate – e.g. some countries require an energy efficiency certificate to be provided to a buyer or tenant. Tenancy laws are generally more pro-tenant in Europe (e.g. rent controls or eviction protections are common in places like Germany, Sweden, etc.), which means lease agreements must incorporate those local law terms. Overall, contracts tend to be less customizable and more dictated by statute in civil law countries – the notary ensures mandatory terms (like cooling-off periods for certain residential sales, or tenants’ pre-emption rights in some cases) are included. One notable trend: cross-border transactions within the EU are facilitated by the fact that many documents can be executed in multiple languages and notaries across the EU are starting to recognize each other’s roles, but still local law of the property location governs the contract in almost all cases.

  • United Kingdom (UK): The UK (particularly England and Wales) follows a common law system but with very different procedures from the U.S. in conveyancing. Transactions are handled by solicitors or licensed conveyancers rather than notaries. A key concept is that nothing is binding until “exchange of contracts.” Typically, buyer and seller (through their solicitors) negotiate contract terms, do all due diligence (searches, surveys, financing) before anything is binding. Each party signs their part, and then at an agreed time, the solicitors literally exchange the signed contracts – at that moment, the deal becomes legally binding and a deposit (often 10%) is paidhoa.org.uk. If either party tries to back out after exchange, they face severe penalties (the buyer loses deposit; the seller can be sued for losses and the deposit may not suffice if damages are higher)hoa.org.uk. Between exchange and completion (closing) there’s usually a gap (often 2-4 weeks) for final preparations. On completion day, the remaining money is transferred and the title transfer (called a Transfer Deed) is executed, completing the dealzoopla.co.uk. This system means the buying process has more uncertainty until late in the deal, which is why practices like “gazumping” (seller accepts a higher offer before exchange, leaving first buyer in the cold) or “gazanging” (seller simply pulls out) can happen. Recent trends in the UK include efforts to curb such issues – for instance, discussions about making offers more binding or requiring sellers to provide more up-front information to prevent last-minute surprises. The UK also has leasehold interests (especially for flats) which involve very specific contracts (long-term leases rather than deeds). UK leases and agency agreements are influenced by consumer protection laws (for example, tenant fees were mostly banned by the Tenant Fees Act 2019 in England, so residential leases can’t have certain charges). In commercial leases, there is a move toward “green leases” and more collaborative landlord-tenant clauses, but it’s voluntary. Scotland deserves mention: it has a different system where once an offer and acceptance (in the form of missives) are agreed, it can become binding much earlier in the process – reducing gazumping risk, but that’s distinct from England’s system. Overall, UK real estate documentation is formal but less standardized by default forms – solicitors often draft contracts based on standard precedents (the Standard Conditions of Sale are commonly incorporated). Also, all transfers must be registered with HM Land Registry (or Registers of Scotland), but that happens after completion.

  • Canada: Canada’s system is somewhat a hybrid of US and UK aspects, varying by province. Common law provinces (like Ontario, British Columbia, etc.) resemble U.S. practices: real estate agents use standardized forms (each province’s realtor association has approved contract templates – e.g. OREA Form 100 in Ontario for residential offers). Deals become binding upon offer acceptance (with conditions), similar to the U.S. However, lawyers are typically more involved at the closing stage for title transfer and mortgage registration. For example, in Ontario after a sale agreement is signed, each side’s lawyer will handle closing paperwork and funds through the provincial electronic registration system (Ontario’s Teraview system). In British Columbia, either a lawyer or a specialized notary public can close the deal – notably, BC has a unique class of notaries (distinct from European notaries) who are trained to handle real estate closings but do not draft bespoke contracts. Quebec, a civil law province, is entirely different: notaries (notaires) handle real estate transactions much like in France. In Quebec, the buyer chooses a notary who prepares the deed of sale, and both parties typically meet at the notary’s office to sign the closing documentsangelalangtry.ca. There is usually a preliminary contract (often called an Offer to Purchase or Promise to Purchase) which, once both parties agree and sign, is binding subject to conditions – similar to other provinces, but then a notary formalizes the final deed. Notaries in Quebec act for both parties jointly, ensuring all legal requirements (like verifying title, tax adjustments, etc.) are handledangelalangtry.ca.

    In terms of regulations: Canada has had some significant changes recently. The federal government implemented a ban on foreign buyers of residential property effective January 2023 for two years, and in 2024 this ban was extended furthercmhc-schl.gc.ca. This means contracts now have to account for the buyer’s status – many purchase agreements include warranties that the buyer is not a non-Canadian or falls under an exemption. Some provinces and cities (like British Columbia and Ontario) also imposed foreign buyer taxes (before the ban) and those still affect deals (e.g. additional 20% property transfer tax in BC if the buyer was foreign, though the federal ban supersedes new purchases). Mortgage rules in Canada have tightened in recent years: a national “stress test” requires that borrowers qualify at a higher rate than actually offered, which influences financing conditions in purchase agreements. Rent and lease laws differ by province – Ontario, for instance, has strict rent control and even a standard form lease that must be used for residential tenancies (any additional clauses can’t contradict the standard terms). This means an Ontario Property Management Agreement or lease might look very different from, say, one in Alberta (which has no rent control and no mandatory form).

    Cross-border deals (Americans buying in Canada or vice versa) raise other issues like currency and tax withholding (Canada requires withholding on sales by non-residents, so sale contracts will include provisions about the seller providing a clearance certificate or the buyer holding back a portion of the price). Summary: Each Canadian province has its own flavor, but all are closer to the Anglo-American system except Quebec. One common thread: the use of modern technology – electronic signatures are valid and widely used across Canada, and many land registries (Ontario, BC, etc.) are fully digital, meaning the days of paper deeds are gone. Contracts, however, remain largely similar to those in the U.S. in structure and content (with local legal tweaks).



5. Legal & Market Trends (2024–2025) Affecting Real Estate Contracts


The real estate legal landscape is dynamic, with new technologies and socio-economic shifts driving changes in how contracts are drafted and executed. Here are some major trends in 2024–2025 and their impact on real estate agreements:


5.1 Digital Signatures, Blockchain Titles & AI Valuations


Digital Signatures: The pandemic era greatly accelerated adoption of electronic signatures and online notarization in real estate. By 2025, e-signing contracts has become standard practice – industry data shows around 80% of real estate firms use electronic contracts and forms nowpaperlesspipeline.com. Laws in all U.S. states (UETA or ESIGN Act) and many countries recognize e-signatures as valid, so purchase agreements and leases signed digitally carry the same legal weight as pen-and-ink. In practice, this speeds up dealmaking (offers can be signed instantly across distances) and has given rise to entirely virtual closings. Contracts now often include clauses acknowledging consent to electronic delivery of documents and signatures. One thing parties must watch is authentication – using reputable platforms that comply with security standards (for example, some agreements specify that electronic signatures will be via a mutually agreed platform, to avoid disputes). Overall, digital signing has made real estate deals faster and more efficient, but contracts must still ensure things like electronic notarization (for deeds, etc.) meet local recording requirements.

Blockchain Titles: Blockchain technology is beginning to influence property records. While still early, there have been pilot programs where local governments record property deeds on a blockchain ledger to increase security and transparency. For instance, in 2024 Bergen County, New Jersey partnered with a blockchain startup to digitize and secure 370,000+ property deeds on a blockchain platformroi-nj.com. The idea is that a tamper-proof distributed ledger could reduce title fraud and simplify title searches (all changes in ownership are tracked with unique hashes). Some countries (Sweden, Georgia, and Dubai, for example) have also experimented with blockchain land registries. For now, these are running in parallel with traditional systems; a blockchain “deed” usually has a corresponding official record in the conventional registrygovtech.com. But the trend shows contracts might soon reference blockchain verification – e.g. a sale contract could specify that the title transfer will be recorded on the blockchain and perhaps even make the smart contract execution (a programmatic release of funds and title) a part of closing. Another related trend is tokenization of real estate: using blockchain to sell fractional ownership. By June 2025, real estate tokenization grew to a ~$10–15 billion global marketmedium.com. This hasn’t yet replaced traditional sales, but commercial contracts sometimes contemplate tokenized shares in property funds, etc. As blockchain title projects develop, future real estate contracts might include language acknowledging blockchain records as evidence of ownership. We are already seeing title insurance companies issue policies on blockchain-recorded properties, signaling growing trust in the technology.

AI Valuations: Artificial Intelligence is increasingly embedded in property valuation and due diligence, impacting appraisals and negotiations. Automated Valuation Models (AVMs) powered by AI can instantly estimate property values by analyzing large datasets of comparable sales, market trends, and property featuresmckissock.comascendixtech.com. In 2024, lenders and appraisers are using AI-driven AVMs more than ever to streamline the appraisal process. Some mortgage loans (especially refinances or home equity lines) now waive full appraisals if an AI valuation falls within a confidence range. For contracts, this means buyers and sellers often have AI-based estimates even before formal appraisals – which can influence offer prices and negotiation. We also see clauses in some contracts allowing parties to cancel if an appraisal gap is too large (for instance, if an AI or human appraisal comes in significantly low). AI tools also help with property inspections (using computer vision to identify issues from photos) and with title review (flagging unusual covenants or risks in title documents). In lease agreements, commercial landlords might use AI projections for future operating costs (important for escalation clauses). While AI brings speed and data-driven insights – reducing human error in valuationsascendixtech.comlexworkplace.com – it also raises questions. Contracts may start to include representations about data used by AI (ensuring its accuracy), or even waivers if parties choose to rely on AI estimates. On the flip side, regulators are watching for biases in AI valuations, which could lead to legal standards for their use. In summary, AI is making real estate deals more data-driven: expect faster contract timelines (since financing and pricing decisions happen quicker) and possibly new contingencies related to AI outcomes (e.g. a contingency that an AI valuation reaches at least the purchase price). Lawyers and agents will need to ensure that while AI can draft or review parts of contracts, the outputs are verified – an AI might draft a clause in seconds, but humans are accountable for its correctness. Going forward, using AI tools to generate first drafts of leases or contracts could become routine, which will lower cost and turnaround time for legal paperwork.


5.2 Tenant Rights, Zoning Changes & Green Building Compliance


Tenant Rights Surge: Recent years have seen a wave of new tenant protection laws, and 2024 was a banner year for this trendnlihc.org. For rental contracts, this means leases are getting longer and more addendum-filled to comply with these laws. Examples: multiple states and cities adopted “just cause eviction” requirements – meaning a landlord can’t terminate a lease or refuse renewal without a legally defined reason (like nonpayment or breach) even for month-to-month tenancieslegalservicesnyc.org. New York State, for instance, enacted a Good Cause Eviction law in 2024 protecting many tenants from eviction or large rent increases without a valid causenyc.gov. Leases now must reflect such limits (landlords can no longer use generic 30-day notices to vacate in covered units). Rent control/stabilization is expanding: e.g., St. Paul, Minnesota implemented rent caps, California’s statewide rent cap (AB 1482) continues, and other states are debating similar measures. Contracts need clauses to address permitted rent increases and any required disclosures of rights. Eviction record sealing laws (in at least 9 states by 2024) allow tenants to expunge old eviction casesnlihc.org – this influences tenant screening processes that property managers write into their agreements. Many jurisdictions now limit late fees and “junk” fees (like application fees, pet fees, etc.)nlihc.org, so lease agreements must be scrubbed of illegal fees. Another big trend is right to counsel in evictions – over a dozen cities/states guarantee attorneys for tenants in eviction court, and while this doesn’t change lease wording per se, it changes the landscape of enforcement (landlords are more careful with notices and documentation, knowing a tenant’s lawyer will examine everything). Landlords are also being required to give longer notice periods for rent increases or non-renewals (e.g. some areas now require 60 or 90 days notice for non-renewal of yearly leases). All these changes mean that lease templates require frequent updating – an old lease form could quickly become non-compliant if it, for example, allows 5-day eviction notice where the law changed to 14 days, or if it doesn’t include a statutory notice about domestic violence protections (another common requirement). In summary, the balance of rights is shifting slightly toward tenants, and contracts are reflecting that with more protective clauses. Property managers and landlords are leaning on AI tools and legal software to keep track of these changes (for instance, lease generation software that automatically adjusts clauses based on local law). Ignoring these trends can render parts of a lease void or even expose landlords to penalties, so staying current is vital.

Zoning Changes and Housing Supply: Facing housing affordability crises, many states and cities have moved to reform zoning laws to allow more housing development. This directly affects what kind of deals and contracts are made. For example, several states (like Oregon, California, Maine) effectively ended single-family-only zoning in many areas, allowing duplexes or fourplexes on lots previously restricted to one houseenterprisecommunity.orgbrookings.edu. In 2024, Colorado passed laws requiring high-density zoning near transit in certain citiesminneapolisfed.org, and Hawaii made it easier to build ADUs (Accessory Dwelling Units) and convert commercial buildings to residentialminneapolisfed.org. For contracts, this means new opportunities: land purchase agreements now might be contingent on being able to build more units than before (since zoning is more permissive). Also, option contracts and joint venture agreements are popping up to develop newly up-zoned land. If someone buys a single-family home in an area now allowing fourplexes, the purchase contract might include representations about the ability to add units. Zoning changes also speed up permit approvals in some places, which might reduce the time feasibility studies appear as contingencies in development contracts. Another nuance: many jurisdictions are eliminating or reducing parking requirements and other costly regulations to spur housingminneapolisfed.orgminneapolisfed.org. This can affect condo documents and development agreements (e.g. if a developer no longer must include two parking spots per unit, their construction contract and condo offering plan will look different). NIMBY opposition to these changes sometimes results in referendums or lawsuits, injecting a bit of uncertainty – so contracts for land development sometimes include “reversion” clauses (if a zoning law is overturned, the buyer can back out, etc.). Overall, the trend toward upzoning and streamlined approvals is making its way into contracts by making development timelines shorter and conditions fewer. A practical example: Florida’s Live Local Act (2023) gives developers the right to build affordable housing at higher densities overriding local zoning – we now see ground leases and development agreements in Florida referencing the Live Local Act to lock in those rights. Real estate attorneys are adapting boilerplate to acknowledge these new state overrides (sometimes including clauses that if a project qualifies as affordable under state law, local zoning compliance is deemed satisfied). In summary, zoning liberalization is a trend that expands possibilities – contracts are adapting by being more forward-looking about development potential, but parties also must stay alert to any reversal or specific compliance needed to use the new rules (like reserving some units for affordable housing in exchange for the density bonus).

Green Building Compliance: With growing focus on climate change, sustainability requirements are now part of real estate deals. Many cities have enacted Building Performance Standards (BPS) – laws that require existing buildings to meet certain energy efficiency or emissions targets by a deadline. For example, New York City’s Local Law 97 will start fining buildings over 25,000 sq ft that exceed carbon emission caps in 2024 and stricter caps in 2030. As a result, purchase and sale agreements for NYC buildings now often address Local Law 97 compliance – negotiating who bears responsibility for potential fines or retrofit costs, or adjusting purchase price for an energy-inefficient building. In commercial leases, there’s a rise of “green lease” clauses that compel cooperation on sustainability: landlords may require tenants to use reasonable efforts to conserve energy/water, or permit landlord to make energy-saving upgrades and pass through the costcalawyers.org. Some leases include sharing utility data to facilitate whole-building energy reportingicsc.com. Many jurisdictions updated their building codes (like the 2024 International Energy Conservation Code with ~10% tighter efficiency standards for commercial buildings)greenbuildinglawupdate.com. New construction contracts thus have to comply with stricter codes – purchase agreements for new homes might mention that the house will be built to the 2024 energy code or include solar panels if mandated (California requires solar on most new houses, for instance). All-electric building ordinances are another trend – cities like San Francisco, NYC, and others have banned natural gas in new buildings. Thus, mechanical system specifications (electric HVAC vs gas) might appear in construction contracts or lease clauses (e.g. a restaurant lease in a city that disallows gas stoves will need clauses about electrical capacity). Additionally, renewable energy and carbon offsets find their way into contracts: some corporate tenants demand that the building purchase renewable energy or allow installation of solar panels on-site. Financing agreements and mortgages are also starting to consider green factors – “green mortgages” or loans with better terms if the property meets LEED or Energy Star criteria are emerging. This might influence mortgage covenants (e.g. a clause that the borrower will maintain the building’s green certification). Even insurance requirements in contracts now contemplate climate-related risks – like requiring flood insurance or wildfire resilience measures, which indirectly ties to “green” compliance. Overall, real estate contracts are steadily evolving to incorporate environmental compliance and sustainability. We see more addenda and reps & warranties related to energy usage, environmental certifications (did the seller disclose the building’s energy rating?), and agreements on capital costs for improvements (landlord and tenant might agree to split costs on an LED lighting upgrade, spelled out in the lease). In short, “green” is no longer optional – it’s increasingly mandated by law or demanded by market forces, and the legal documents are mirroring that fact.


5.3 Mortgage Regulation and Cross-Border Property Deals


Mortgage Regulation (2024–2025): After a period of rising interest rates, mortgage lending has tightened, and regulators are keen on preventing the risky lending that led to past crises. In the U.S., the Consumer Financial Protection Bureau (CFPB) in 2024 proposed new rules to streamline mortgage servicing and strengthen foreclosure safeguardsfiles.consumerfinance.gov. This includes requiring servicers to proactively offer loss mitigation (like loan modifications) to delinquent borrowers and to ensure all foreclosure alternatives are reviewed before a foreclosure proceedsfiles.consumerfinance.gov. For mortgage agreements and related notices, this means more standardized language about what happens if a borrower falls behind – expect updated clauses about homeowner assistance availability and perhaps longer default notice periods (so that the servicer’s legal compliance is baked into the contract). Also, interest rate hikes have made creative financing more popular: seller-financing notes, assumable loans, buy-down agreements, etc. Contracts are including these financing twists – for example, a purchase contract might stipulate that the buyer will assume the seller’s 3% VA mortgage (assumptions have to be approved by the lender, but it’s happening more due to rate differences). Legal documents for assumptions or seller carry-back loans must comply with regulations like the Dodd-Frank Ability-to-Repay rules (which exempt some seller financings, but not all). Meanwhile, Europe and other parts of the world are addressing mortgage affordability with regulations too – e.g., the UK has strict stress tests for borrowers (recently somewhat relaxed as rates soared, ironically), and some EU countries cap variable rate increases. All these factors result in more cautious mortgage clauses: financing contingencies in contracts might have longer timelines as loans take longer to underwrite in a high-rate environment, and some contracts explicitly address what happens if interest rates change significantly between signing and closing (e.g., allowing the buyer an out if their rate exceeds X%).

On the documentation front, electronic mortgages (e-mortgages) are becoming routine – digitized promissory notes and online notarization for mortgage documents are legal now. As such, escrow and closing instructions reference electronic funding and recording processes. Another trend is alternative credit – in 2024 Fannie Mae/Freddie Mac began considering positive rent payment history and other non-traditional data to qualify borrowers. Mortgage applications (not exactly contracts, but related) are changing to include consent for accessing such data. For real estate attorneys, a notable development is that the standard estate or due-on-sale clauses in mortgages remain, but with more exceptions – e.g., some states force lenders to allow loan assumption in divorce or inheritance situations, which might reflect in how title transfers are structured in estate planning documents or divorce settlement agreements involving real estate.

Cross-Border Property Deals: Buying property internationally has grown more common (think of Americans buying in Portugal or Canadians buying in Florida). However, governments are also reacting to ensure housing isn’t overwhelmed by foreign investors. Canada’s foreign buyer ban (effective 2023) was a prominent example, and in early 2024 Canada extended this ban for an additional two yearscmhc-schl.gc.ca. That means for any residential purchase in Canada, contracts now must include a condition or representation regarding the buyer’s Canadian residency status – deals have been canceled when a buyer was found to be non-Canadian without an exemption. Other countries have taken similar measures: New Zealand largely bans foreign homebuyers (since 2018); Australia has hefty fees and limits for foreign buyers; many European cities (like Amsterdam) restrict investors from buying to rent out. On the flip side, some places actively court foreign buyers via “Golden Visa” programs (Portugal did, although it’s winding down, and others like Greece or Dubai still do).

For legal documents, cross-border deals add complexity. Contracts often need to be in multiple languages or follow unfamiliar formats. For instance, an American buying a home in France signs a compromis de vente (which is in French by law) and will need a translator – so the contract might have an annexed English translation for convenience, but only the French is official. Payment terms may involve currency exchange issues – recent volatility has led some contracts to include clauses adjusting price within a band if exchange rates move drastically before closing. Taxation is another big one: if a foreign seller is involved, many countries require a withholding tax to ensure capital gains taxes are paid. In the U.S., that’s FIRPTA – buyers with foreign sellers have to withhold (commonly 15% of the sale price) unless an exemption applies, and sale contracts will have FIRPTA affidavit sections. In Spain or Italy, a portion of price is withheld for taxes if seller is non-resident. Real estate agreements now routinely ask for affirmations of residency or tax identification numbers to handle these.

Additionally, money laundering regulations impact cross-border deals. Title companies and lawyers in many countries must now perform enhanced due diligence on foreign buyers (verifying source of funds, etc.). In the UK and EU, there are registers of overseas entities owning property – requiring disclosure of ultimate owners. Thus, contracts involving a foreign entity might need extra lead time to satisfy these registration requirements. We also see sanctions considerations – for example, since 2022 there are restrictions on Russian nationals buying property in some jurisdictions due to sanctions. Real estate contracts may include reps/warranties that the buyer or seller is not on any prohibited list (OFAC list in the U.S., etc.).

From a market perspective, currency fluctuations and geopolitical factors (like China’s capital controls or war effects) can cause cross-border real estate flows to surge or ebb, affecting certain markets. For instance, if China tightens the ability of its citizens to send money abroad, that could slow down purchases in places like Vancouver or Sydney, leading developers there to put clauses in contracts addressing delays in fund transfers. In 2024–2025, one trend is some countries trying to entice remote workers to move (the “digital nomad visas”) which can lead to real estate purchases – these buyers might need extra contract flexibility if their visa status is in flux.

Summary: Cross-border real estate transactions are more regulated than before. Parties must navigate foreign investment bans, extra taxes, and compliance checks. As a result, sale agreements increasingly contain specific provisions for foreign buyer/seller scenarios – from declaring one’s residency status, to agreeing to apply for certain certificates, to escrow arrangements that account for withholding. Professionals often involve international lawyers to ensure the contract satisfies all jurisdictions involved. The overarching goal is to avoid any legal roadblocks to transferring title across borders and to ensure all government requirements (which have grown in number) are met within the contract’s framework.



6. Conclusion: Why Use AI Lawyer Templates for Real Estate Documentation


Drafting and managing real estate legal documents in this evolving landscape can be challenging – laws change, and every deal has its nuances. This is where AI-powered legal templates provide a huge advantage. By using AI-driven document generation (often trained on vast libraries of real estate contracts), users can quickly produce agreements that meet legal standards and are tailored to their specific scenario, with less risk of human errorlexworkplace.com. For example, an AI legal tool can prompt for key facts (property address, parties’ names, price, etc.) and then generate a purchase agreement that already includes all the required clauses (financing contingency, disclosure acknowledgments, etc.) formatted correctly. This saves time and ensures nothing critical is omitted, which might happen if someone were editing an old template manually.

AI templates can also stay automatically up-to-date with new laws. As discussed, tenant law or zoning rules may change annually – a well-maintained AI legal service will incorporate those changes so that the next lease or contract you generate already complies with the latest requirements (such as the new notice periods or addenda). This continuous update is crucial because maintaining templates by hand is labor-intensivejoannakoziollek.com and prone to overlook changes. An AI system can be trained on the latest statutes and case law, thereby future-proofing your documents.

Another benefit is efficiency and consistency for volume deals. Property managers with dozens of leases or investors buying multiple properties can use AI templates to standardize their paperwork across transactions. This leads to fewer mistakes and faster turnaround – which in hot markets can make the difference in securing a deal. AI can also handle customization at scale – for instance, automatically inserting the correct state-specific clauses. If you’re drafting a property management agreement in, say, Texas versus Illinois, the AI can include the appropriate language (like the Texas Property Code requirements vs. Illinois-specific duties) based on your input of the property location.

From a legal practice perspective, AI frees up lawyers’ time from drudge work. Rather than writing a first draft from scratch, a lawyer can let the AI draft it and then spend their time on review and negotiation, applying human judgment where it’s most needed. This can reduce client costs and make legal services more accessible (particularly useful for simpler transactions or for clients who might otherwise try to go without a lawyer). It’s worth noting, AI isn’t perfect – oversight is needed to catch any context-specific adjustments – but it’s improving rapidly at understanding context. Modern AI contract tools can even flag unusual terms or suggest alternatives based on market standards.

Finally, using AI-powered templates adds value in terms of integrated guidance. Many AI legal platforms explain the clauses in plain language as you fill the template, effectively educating users. For example, if the template has a clause on “earnest money forfeiture,” an AI assistant can pop up a note: “This means if buyer defaults, seller keeps the deposit.” This helps parties make informed decisions about what terms to keep or edit. It’s like having a junior lawyer and teacher in the software.

In conclusion, AI lawyer templates marry the benefits of standardization and expert knowledge with speed and adaptability. They ensure that even as real estate law changes (from digital signature norms to new tenant rights), your documents remain comprehensive, compliant, and error-free. Real estate is a document-heavy business, and leveraging AI for those documents means less time spent word-smithing and more time closing deals. As one legal tech expert put it, using AI in contract drafting allows each document to be created “in a professional manner and updated with the latest regulations, without the delay and cost of starting from scratch”joannakoziollek.com. For anyone involved in real estate – brokers, attorneys, investors, or property owners – that means peace of mind and a competitive edge. The future of real estate legal documentation is undoubtedly being shaped by AI, and embracing these tools now can lead to smoother, smarter transactions for all parties involved.

Sources:

  1. Koziollek, J. (2025). Real Estate Law Guide: Contract Templates and Their Use. – Discussion on the importance of standardized real estate contract templates and need for updatesjoannakoziollek.comjoannakoziollek.com.

  2. SpotDraft Blog (2024). Real Estate Contracts Made Simple: Key Terms, Risks... – Explains key elements and importance of clarity in real estate contractsspotdraft.comspotdraft.com.

  3. Paperless Pipeline (2023). Real Estate Forms 101. – Overview of common real estate forms and why they’re important (legal protection, clarity, compliance)paperlesspipeline.compaperlesspipeline.com.

  4. Buildium (2025). The Ultimate Guide to Rental Inspection Checklists. – Defines rental inspection checklists and reasons to use them (prevent disputes, ensure accountability, legal compliance)buildium.combuildium.com.

  5. LawInfo (2024). The Importance of a Rental Inspection Checklist. – Emphasizes how checklists protect tenants from being charged for pre-existing damage and help avoid disputeslawinfo.com.

  6. SpotDraft Blog (2024). Everything You Need to Know About Purchase and Sale Agreements. – Defines purchase agreements and scenarios of usespotdraft.comspotdraft.com.

  7. SpotDraft Blog (2024). Purchase and Sale Agreement – Key Elements. – Details typical contents of a PSA and why it’s legally crucialspotdraft.comspotdraft.com.

  8. Paperless Pipeline (2023). Real estate listing agreements. – Defines agency listing agreements and types (exclusive, open)paperlesspipeline.compaperlesspipeline.com.

  9. TurboTenant (2025). Property Management Agreements: Guide. – Describes the purpose and components of property management agreementsturbotenant.comturbotenant.com.

  10. New American Funding (2024). Mortgagor vs Mortgagee: Key Differences. – Explains what a mortgage agreement is and lists its key elements (loan amount, interest, duties, consequences of default)newamericanfunding.comnewamericanfunding.com.

  11. ContractsCounsel (2024). New York Real Estate Contract – Key Terms. – Notes how offers are not binding in NY until a formal contract is signed by both partiescontractscounsel.com.

  12. ContractsCounsel (2024). Common NY Contracts. – Mentions standard NY Realtor and Bar Association purchase agreement formscontractscounsel.com.

  13. AceableAgent (2023). Promulgated Contracts in Texas. – Confirms Texas requires agents to use TREC promulgated forms for real estate contractsaceableagent.com.

  14. Florida Realtors (2023). Florida FR/BAR Contracts. – Notes Florida’s standard Residential Contract and “As Is” contract by Florida Realtors/Barfloridarealtors.org.

  15. The Chicagoland Lawyer (2020). Multi-Board 7.0 Guide. – Highlights that Illinois’ Multi-Board contract includes a 5-day attorney review clause for all transactionsthechicagolandlawyer.com and mandatory disclosures (radon, lead, etc.)thechicagolandlawyer.com.

  16. Minneapolis Fed (2025). States made big changes to land use laws in 2024. – Overview of state zoning reforms (e.g. Colorado requiring high-density zoning near transit; Hawaii on ADUs)minneapolisfed.orgminneapolisfed.org.

  17. NLIHC (2024). Tenant Protections Legislative Session 2024. – Summarizes trends in tenant protection laws: eviction sealing, just cause eviction, longer notices, rent stabilization, limiting fees, etc.nlihc.org.

  18. NYC.gov / LegalServicesNYC (2024). Good Cause Eviction Law. – Explains NYC’s new law effective April 2024 requiring cause for eviction and limiting rent increases for many unitsnyc.gov.

  19. ROI-NJ (2023). Bergen County Blockchain Deed Pilot. – Reports a county’s partnership to record hundreds of thousands of property deeds on blockchain for securityroi-nj.com.

  20. Medium (2025). Blockchain Tokenization July 2025 Update. – States the size of the real estate tokenized asset market (~$10–15B globally as of mid-2025)medium.com.

  21. Ascendix Tech (2024). AI Property Valuation Tools Impact. – Defines AI property valuation as using ML/AVMs to analyze data for faster, accurate valuesascendixtech.com.

  22. LexWorkplace (2023). AI for Legal Documents – Benefits. – Notes that AI-generated documents can meet legal standards tailored to cases without risk of human error (implying improved accuracy)lexworkplace.com.

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