Utah Real Estate Purchase Contract: A Buyer's Guide to the REPC

Most states have their own standard real estate contracts. Utah's is different in one important way: real estate licensees are legally required to use it. The Utah Real Estate Purchase Contract (REPC), standardized by the Utah Division of Real Estate and the Utah Association of Realtors, is the document that governs every residential transaction in the state unless an attorney drafts a substitute. Understanding what's in it — specifically the four contractual deadlines in Section 24 — is the difference between protecting your earnest money and losing it.

Utah Is a Title Company State

Before getting into the REPC itself, understand how closings work in Utah. Unlike East Coast states where real estate attorneys manage the closing process, Utah relies on title insurance and escrow companies as neutral third-party facilitators. There is no statutory requirement for an attorney at your closing.

The title company has two distinct functions: the title division searches county records to verify clean ownership, and the escrow division holds funds, coordinates document execution, and disbursements to all parties. Under Utah custom, the buyer typically pays for escrow settlement services and the lender's title insurance policy. The seller traditionally pays for the owner's title insurance policy — which protects the buyer's equity — as part of the negotiated contract terms.

The Four Critical Deadlines

Section 24 of the REPC establishes four contractual deadlines, all subject to "time is of the essence." Missing them has real financial consequences.

Deadline 1: Earnest Money Due

Within four calendar days of contract acceptance, the buyer must deliver the earnest money deposit to the designated brokerage or escrow office. The brokerage then has an additional four calendar days to deposit those funds into a real estate trust account. In competitive markets, sellers often expect earnest money of 1% to 3% of the purchase price.

The earnest money serves as your commitment. If you cancel for a contractually protected reason before the other deadlines pass, you get it back. If you cancel after your contingencies expire, you generally don't.

Deadline 2: Seller Disclosure Deadline

The seller must deliver a completed Seller's Property Condition Disclosure form, a preliminary title commitment, and any HOA documentation or restrictive covenants (CC&Rs) by this date. Utah law requires sellers to disclose all material defects they have actual knowledge of.

This deadline also starts the clock on your ability to review what you're actually buying. The preliminary title commitment is especially important — it shows you what liens, easements, or clouds on title exist, and what conditions the title company requires to be cleared before they'll insure.

Deadline 3: Buyer's Due Diligence Deadline

This is typically set 14 to 21 days after acceptance. It's your window to conduct physical inspections, radon testing, geological reviews, water rights verification, and any other property evaluation you need.

The REPC gives you an absolute right to cancel before this deadline for any reason — or no reason — and receive a full refund of your earnest money. This is the most powerful buyer protection in the contract. You don't have to find something wrong with the house to cancel before this deadline. Your unilateral dissatisfaction is sufficient.

After this deadline passes, your ability to cancel and recover earnest money narrows significantly.

Standard due diligence items in Utah should include:

• General home inspection
• Sewer scope (especially for homes over 30 years old)
• Radon test on the lowest occupiable level (EPA recommends mitigation at 4.0 pCi/L or higher; Utah has elevated radon due to uranium in bedrock)
• Water rights verification for semi-rural properties
• Review of HOA financials and reserve study if applicable

Deadline 4: Financing and Appraisal Deadline

By this date, you must have secured final mortgage underwriting approval and the property must appraise for at least the contractual purchase price. If the appraisal comes in low or your financing falls through, you can cancel before this deadline and recover your earnest money. Cancel after it, and the earnest money typically goes to the seller.

This is why fully underwritten pre-approval matters. If a lender pre-approves you only on the surface — without reviewing actual tax returns and bank statements — and a real underwriting problem surfaces late in the process, you may not make this deadline, and the earnest money is at risk.

Lenders order the appraisal during this window. Utah appraisers have been seeing prices stabilize after rapid appreciation, so significant appraisal gaps are less common than they were in 2021-22, but they still occur. If your appraisal comes in below your offer price, you can negotiate a price reduction, make up the difference in cash, or cancel before the deadline.

Closing Mechanics: The Settlement Deadline

The final date in the REPC is the Settlement Deadline. Under Section 3.2 of the REPC, "Closing" is not complete until three things happen:

1. Settlement (all documents signed)
2. Loan proceeds funded and delivered to escrow
3. Documents recorded in the county recorder's office

Recording and funding must occur within four calendar days of the settlement deadline. Utah allows both joint closings (buyer and seller at the same table) and split closings (signing separately, which is more common). Remote online notarization is legally recognized.

Possession transfers based on what the REPC specifies — typically upon official recording, but this is negotiable and sometimes tied to other events like delivery of keys.

Pre-Approval Strategy in Utah's Market

Utah's tight inventory means a standard pre-qualification letter won't make your offer stand out. A fully underwritten pre-approval — where an actual underwriter has reviewed your file before you identify a property — does two things: it reveals real financing problems early, and it allows you to shorten your financing deadline in the REPC, making your offer more competitive to sellers who want certainty.

In sub-markets where multiple offers still occur (Provo, Lehi, Sugar House), a shorter financing deadline signals that you're more likely to close. Sellers weigh this alongside price.

What to Watch For in the REPC Addenda

The standard REPC is a starting point. Several addenda are commonly negotiated:

• Seller-paid closing costs: In the current market, seller concessions are more common than they were in 2021-22. Buyers are successfully negotiating sellers to pay a portion of closing costs or fund interest rate buy-downs.
• Personal property inclusions: Appliances, fixtures, and anything attached to the home should be explicitly listed if you want them to convey.
• Water rights addendum: If the property has private wells or irrigation, a specific water rights addendum should identify every right number and share certificate being transferred.
• HOA addendum: If the property has an HOA, review the budget, reserve study, and pending special assessments before your due diligence deadline.

The Utah First-Time Home Buyer Guide includes a full REPC walkthrough with a timeline template, a due diligence checklist calibrated for Utah's specific hazards (radon, seismic, water rights), and a closing cost worksheet based on a typical Utah transaction.

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