Every time I sit down with a buyer or seller to go through the Utah Real Estate Purchase Contract, I highlight specific sections. Not because the contract is bad — it's a well-constructed document — but because important information is spread across the pages in a way that makes it easy to miss things.
The purchase price is here. The earnest money is there. The contingencies are a few pages in. The deadlines are somewhere else. For someone signing one of the biggest financial documents of their life, that layout creates real risk.
The new 2026 REPC changes that. And it's one of the things I'm most looking forward to about the updated form.
Important disclaimer: I am a real estate agent, not an attorney. This article is meant to help buyers and sellers understand the changes in plain language. For legal advice about how any specific provision affects your transaction, consult a qualified real estate attorney.
What the REPC Is and Why It Matters
The Utah Real Estate Purchase Contract — the REPC — is the legally binding contract that governs every home purchase in Utah. Utah law requires all licensed real estate agents and brokers to use this form.
The current version was approved effective December 4, 2024 and is a 6-page document. The new 2026 version has been approved by the Utah Real Estate Commission and is awaiting Utah Attorney General approval. If all goes as planned, it becomes the official form on January 1, 2027. There could be additional changes before the final version is released.
The Change I'm Most Excited About: Everything Important on Page 1
In the current REPC, the critical information a buyer and seller need to understand about an offer is scattered across the document. The purchase price and earnest money are in Section 2. The buyer's contingencies are in Section 8. The key dates are in Section 24 at the very end.
The new REPC restructures Page 1 so that all of this is visible at a glance:
Section 1 — Purchase Price and Earnest Money are together at the top, clearly laid out including loan type, seller financing, and balance due at settlement.
Section 2 — Seller Contributions are now on Page 1. This includes the seller's contribution to buyer's brokerage compensation, the seller's contribution to closing costs, and the home warranty. In the current form, this is buried in Section 4.
Section 3 — Buyer Conditions of Purchase are now on Page 1 as clear checkboxes. Due Diligence condition. Appraisal condition. Financing condition. Subject to Sale condition. In the current form, you have to flip to Section 8 to see which contingencies are active.
Section 4 — All Deadlines are now on Page 1. Seller Disclosure Deadline. Due Diligence Deadline. Appraisal Deadline. Financing Deadline. Settlement Deadline. Possession. Every key date — visible on the first page.
For buyers and sellers, this means you can look at the front page of your contract and understand the full picture of the offer. I think this makes the contract genuinely more user-friendly for everyone involved.
Smart Home Features Are Now Explicitly Included
The new REPC adds Section 7.2 — Home Automation Systems (Smart Home Features) as its own section. Unless specifically excluded in the contract, the following items now convey with the property if present:
- Security systems
- Thermostat controls
- Home monitors
- Automated locks
- Video doorbells
- Automated lighting systems and all necessary components
Non-dedicated controls — phones, tablets, and laptops — are NOT included. The devices and their dedicated controllers are.
For sellers in Eagle Mountain and Saratoga Springs where new construction frequently includes Nest thermostats, Ring doorbells, and smart lock systems: these now explicitly convey with the home unless you exclude them in Section 7.4.
For buyers: smart home inclusion is now the default.
EV Charging Stations Get Their Own Checkbox
The new Section 7.3 adds electric vehicle charging stations and associated equipment as a specific checkbox item. With the number of new homes in Eagle Mountain and Saratoga Springs being built with EV chargers, this removes any ambiguity. Both parties know exactly whether it's included.
Holdover Fee Now Has a Default Written Into the Form
The new REPC Section 9.3 adds language that the holdover fee shall be a negotiated amount OR $300 per day, whichever is greater — and that this holdover fee is considered liquidated damages, not rent.
In the current form, if parties forget to negotiate a holdover rate, there's a gap. In the new form, $300 per day is the floor. For sellers considering a leaseback or any transaction where possession timing is uncertain, this number is now in the contract whether you discuss it or not.
Nail Holes and Screw Holes Are Now Explicitly the Seller's to Keep
The new Section 13.2 adds language that the seller shall NOT be responsible for repairing wall damage resulting from the removal of items such as picture frames and decorations — specifically including nail holes, screw holes, and other methods of attachment.
Buyers occasionally raise nail holes as a repair item during walk-throughs. The new language closes that door.
Sellers Must Now Disclose Insurability Issues
The new Section 11(k) requires sellers to disclose any issues related to the insurability of the property known to the seller. The current form does not have this specific disclosure requirement.
This matters in Utah County because home insurability has become a real issue. Wildfire risk, prior claims, roofing conditions, and certain property characteristics can affect whether a buyer can obtain homeowner's insurance — and at what cost.
For buyers: this new disclosure gives you a clearer path to information that could significantly affect your cost of ownership.
HOA Buyer Setup Fees Are Now Explicitly the Buyer's Responsibility
The new Section 8.3(a) adds language clarifying that HOA buyer setup fees and buyer administrative fees are the buyer's responsibility and are NOT considered change of ownership fees. The new language is clear: the change of ownership fee is negotiated. The buyer's own setup fee with the HOA is the buyer's cost.
HOA Reserve Analysis Added to Required Disclosures
The new Section 11(e) adds a reserve analysis to the HOA documents the seller must provide. For buyers in communities with HOAs — which covers a significant portion of Eagle Mountain, Saratoga Springs, and Lehi — the reserve analysis tells you whether the HOA has adequate funds for future capital improvements. A poorly funded reserve can lead to special assessments after closing.
Mediation Is Now Always Optional
The current form had a checkbox — mediation SHALL or MAY be pursued first for disputes. The new form removes that checkbox entirely. Mediation is now simply at the option of the parties for any dispute.
What Was Removed
The Additional Earnest Money Deposit section has been removed from the new form. Additional earnest money can still be addressed through addenda.
The title representation language — the current Section 10.1 states sellers represent they have fee title and will convey marketable title. The new form removes this specific representation. Buyers should discuss this with their agent and potentially an attorney.
The Bottom Line
The new REPC is a meaningful improvement in usability. The front page restructure alone makes it easier for buyers and sellers to understand what they're signing. The smart home provisions, EV charging station checkbox, holdover fee default, insurability disclosure, and HOA reserve analysis requirement all reflect how real estate transactions have changed.
This is still a draft. Approved by the Utah Real Estate Commission but pending Utah Attorney General approval. There could be additional changes. If all goes as planned, it takes effect January 1, 2027.
I am here if you have any questions about how the current or new REPC affects your transaction.
Questions about buying or selling in Utah County? Let's talk →
Get your free home valuation →
Frequently Asked Questions
When does the new REPC take effect? If approved by the Utah Attorney General, the new 2026 REPC takes effect January 1, 2027. The current REPC approved December 4, 2024 remains the official form until then.
What is the biggest change in the new REPC? The restructuring of Page 1. Purchase price, earnest money, seller contributions, buyer contingencies, and all key deadlines are now visible on the first page.
Are smart home devices included in the sale under the new REPC? Yes, unless specifically excluded. Section 7.2 explicitly lists security systems, thermostats, automated locks, video doorbells, and automated lighting as included items.
What is the holdover fee under the new REPC? Section 9.3 sets a default of a negotiated amount or $300 per day, whichever is greater. This is liquidated damages, not rent.
Do sellers have to disclose insurability issues under the new REPC? Yes. Section 11(k) requires sellers to disclose any known issues related to the insurability of the property.
Are nail holes the seller's responsibility under the new REPC? No. Section 13.2 explicitly states the seller is not responsible for wall damage from removing picture frames, decorations, and similar items.
Related reading:
- What Is a Buyer Broker Agreement in Utah and Do You Have to Sign One?
- Earnest Money in Utah County: How Much, When You Get It Back, and What You Could Lose
- I Got an Offer But It's Subject to the Buyer Selling Their Home
- How a Seller Leaseback Works in Utah County When Your New Construction Isn't Ready
- Smart Home Upgrades That Increase Home Value in Utah County 2026
Sources: Utah Association of Realtors — REPC current version effective December 4, 2024, 6 pages; Real Estate Online Learning — New 2026 REPC: approved by Real Estate Commission, pending Attorney General approval, effective January 1, 2027 if approved; New 2026 REPC highlights document — all changes cited above sourced directly from the marked-up draft form.
Written by Kat Ashby, Principal Broker and Realtor® at RootQuest Realty LLC in Saratoga Springs, Utah. Kat holds a Utah Division of Real Estate Principal Broker license (Credential #10382396-PB00). She is a real estate agent, not an attorney. For legal advice, consult a qualified real estate attorney. She has been actively selling in Utah County since 2020, specializing in buyer and seller representation, new construction, and corporate relocation through Altair Global. She is fluent in English and Portuguese, earned her bachelor's degree in Psychology from Brigham Young University, and lives in the community she sells in.