A Real Estate Offer is a first offer to buy a plot of real property and serves as a starting
point for future negotiations. Important issues to consider when making an offer, in
addition to price, include any contingencies, financing options, down payment, and
others. This document in its draft form contains numerous of the standard clauses
commonly used in these types of agreements; however, additional language may be
added to allow for customization to ensure the specific terms of the parties agreement
are addressed. This document should be used by individuals that want to make an
official offer to purchase real estate.
OFFER TO PURCHASE REAL PROPERTY
[FORM]
The property referred to herein shall be identified as follows: the land and buildings situated on
and together with a lot of land containing _______________ ( ) Square Feet, more or less,
located at _____________________________________________ and further described in the
__________________________County Registry of Deeds Book ________ Page ________
(the “Property”).
I hereby offer to buy said Property for a total purchase price of [PURCHASE PRICE] on the
following terms and conditions:
Terms
SECTION 1. FINANCING TERMS.
A. Obtaining the loan(s) referenced in Paragraph C and Paragraph D of this Section 1 is a
contingency of this Agreement.
B. Initial Deposit: _____________________
C. First Loan in the Amount of: ______________________
D. Additional Financing Terms: ______________________
E. Balance of Purchase Price: ______________________
SECTION 2. EXPIRATION OF OFFER.
This offer shall be deemed revoked and the Initial Deposit shall be returned unless the offer is
signed by Seller and a Copy of the signed offer is personally received by Buyer on or before
[TIME] on [DATE].
SECTION 3. FURTHER ASSURANCES.
The parties hereto shall, on or before _____________________ AM/PM on ______________,
_____ execute a [APPLICABLE STANDARD FORM] or any form substantially similar
thereto, which, when executed, shall more fully memorialize the terms and conditions between
the parties.
SECTION 4. MARKETABLE TITLE.
A good and sufficient Deed, conveying a good and clear record and marketable title shall be
delivered by 12:00 Noon on __________________, ________, at the appropriate Registry of
Deeds, unless some other time and place are mutually agreed upon in writing.
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SECTION 5. DEFAULT.
If Purchaser does not fulfill the obligations under this Offer, the above mentioned Initial
Deposit shall be forfeited by Purchaser and shall become the property of Seller.
SECTION 6. TIME IS OF THE ESSENCE.
Time is of the essence with respect to all provisions of this Offer.
SIGNED BY:
__________________________________
[BUYER’S NAME]
ACCEPTED BY:
__________________________________
[SELLER’S NAME]
Comment: This form needs to be totally revamped. For instance, there is no section stating the
amount of loan, maximum interest to be paid, or maximum loan fees the buyer is willing to
pay. What are the “additional financing terms”? Overall, a prospective buyer is further ahead
to use a contract form, and then have a clause in the form which basically says that the
attorneys for the parties have so many days to propose modifications.
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OFFER TO PURCHASE REAL PROPERTY
[INFORMATION ON FORM]
Once you find real property you want to buy, whether it is your home or piece of
investment property, the next step is to write an offer. An offer is more complicated than it
sounds because you can’t just name a price and move on. Before you use this form, you are
going to want to think about a host of issues that may affect the transaction.
Your offer is the first step toward negotiating a purchase-sale contract with the seller.
Since this is just the beginning of negotiations, you should put yourself in the seller’s shoes and
imagine his or her reaction to everything you include. Your goal is to get what you want, and
imagining the seller’s reaction to your offer will help you attain that goal. For example, if you
offer too low of a purchase price or demand too many concessions, you run the risk of insulting
the seller. As a result, the seller may ignore your offer or worse, deposit your offer in his trash
can. Your goal is to offer jut enough so that the seller does not feel insulted and makes you a
counter-offer.
You should know that the offer is much more complicated than simply coming up with a
price. Because of the huge dollar amounts involved, both you and the seller want t