📄 What Is a Survival Clause in Real Estate?

A Survival Clause in a real estate contract specifies which obligations, warranties, and representations remain enforceable after closing. Although most contract terms expire once the deed transfers to the buyer, the survival clause identifies the specific promises that legally continue beyond settlement.

How a Survival Clause Works

When a real estate transaction closes, many contract obligations automatically end. However, some responsibilities must continue after closing to protect both parties. A survival clause lists the terms that do not expire.

Common obligations that survive closing include:

  • Seller warranties — such as assurances about condition or repairs.
  • Representations & disclosures — protecting buyers from misrepresentation or omitted defects.
  • Indemnification provisions — if one party agreed to cover certain costs or liabilities.
  • Repair obligations — if agreed work was not completed before settlement.
  • Confidentiality — if included as part of negotiations.
  • Attorney’s fees clauses — often remain enforceable for post-closing disputes.

Without a survival clause, these protections may automatically expire at closing, leaving parties without legal recourse.

Why a Survival Clause Matters

Benefits for Buyers:

  • Ensures seller promises don’t expire at closing.
  • Allows buyers to pursue misrepresentation claims after settlement.
  • Protects buyers if repairs were incomplete or defective.
  • Maintains legal recourse for undisclosed property issues.

Benefits for Sellers:

  • Clearly defines which obligations continue after closing.
  • Limits liability to specific, agreed-upon terms.
  • Helps prevent disputes caused by misunderstanding.
  • Ensures post-closing expectations are documented and reasonable.

Example of a Survival Clause

A typical survival clause might state:

  • “All warranties, representations, indemnification obligations, and confidentiality provisions shall survive closing.”
  • “Any repair obligations not completed prior to settlement shall survive closing until satisfied.”
  • “The seller’s disclosure obligations shall survive closing and remain enforceable.”

These examples show how a survival clause extends specific obligations beyond the transfer of ownership.

Why It Matters for FSBO Sellers

FSBO sellers often draft or review contracts without an agent. A clear survival clause protects them by defining which responsibilities continue after closing, preventing unexpected disputes.

  • Clarifies seller obligations after settlement.
  • Sets expectations for warranties and disclosures.
  • Reduces the risk of post-closing legal claims.
  • Protects sellers from overbroad or unintended liabilities.

When listing with Flat Fee MLS through Brokerless, sellers receive guidance on contract terms that may continue after closing.

Frequently Asked Questions

Do survival clauses apply automatically?
Not always. Some obligations survive closing only if the contract specifically states they do.

How long do survival obligations last?
It depends on state law and contract wording—some survive for a set number of months, while others survive indefinitely.

Can a survival clause limit liability?
Yes. It can specify exactly which obligations survive and restrict everything else.

Do disclosures survive closing?
Most state-required disclosures survive closing, even if not listed—because they relate to seller honesty and known defects.