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How Do I Make An Offer to Buy?

A Real Estate offer can become a legally binding contract. Making an offer in a Real Estate purchase is much different than an offer made in other negotiations in which you many participate. If you offer to buy a house at a certain price and with certain terms, and the seller agrees and notifies you of their acceptance, you have bought a house! The closing and escrow details may still need to be finalized, but an offer can turn into a contract in a matter of hours, so it is important that you understand the potential consequences of an offer. Naturally, not being able to qualify for a loan to purchase the property will nullify the offer as will an inspection that falls short of expectations, but don't make an offer to purchase unless you intend to complete the sale.

Put it in writing.

Any verbal offers, counteroffers, or acceptances will be virtually impossible to legally enforce, since it would be nothing more than your word against someone else's. Written offers remove almost all doubt because they cannot become contracts (and therefore binding) until seen by, and accepted through signatures of all parties.

Be specific.

A Real Estate offer is more than simply an offer of price. All details of the eventual sales contract must be addressed in the offer. Some of the items which may be included are:

  • Sales price
  • Any concessions made by the seller
  • The amount of buyer's "earnest money" or deposit that accompanies the offer.
  • Financing contingencies (subject to you securing an acceptable mortgage)
  • Inspection contingencies (subject to an inspection report that is acceptable to you)

  • Time and date of settlement and possession
  • All exclusions and inclusions in the property. It is much better to be specific here rather than assume that an item will be included, only to have an unhappy surprise on the day of closing. If you expect certain appliances, plants, etc. to be a part of the sale be certain to include them in your offer. In most states anything not attached like a washer and dryer, microwave, refrigerator are not considered a part of a sale so you will have to specifically contract for these items. Some states will not allow these items to be shown on a sales contract for purposes of lender requirements so a separate agreement could be needed to handle these types of inclusions.
  • When does an offer become a contract?

    When it has been submitted to the seller, accepted by the seller, and you have been notified of its acceptance. Up until that point it remains only an offer or counteroffer, not an enforceable contract.

     




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