Making an offer in writing                                                                                                                    << Back

  

This is the time to think carefully about what you want and what you can afford. If your offer is accepted, it becomes a legally binding contract. Make sure you don't include anything in the offer that you're not totally comfortable with doing.

  

Make sure you put everything in writing. Offers usually include items like:

  • Proposed purchase price

    Remember, the seller may counter-offer with a higher purchase price - consider that when you decide on your     proposed purchase price.

  

  • Concessions

    This includes things you'd like the seller to help pay for, like closing costs.

  

  • Conveyances

   This covers any personal property to be included in the sale, like the washer and dryer or the refrigerator.

  

  • Home inspection contingencies

   Make sure you're prepared if the home inspection report shows major problems.

  

  • Earnest money

   Earnest money is a deposit you offer to show you're serious about purchasing the house. Earnest money is    usually held in escrow and applied to your closing costs at settlement. If you fail to meet the terms of your    contract, you may lose this deposit.

  

  • Acceptance

   This covers how long the seller has to respond to your offer before the offer is no longer binding.

  

  • Mediation and arbitration

   These are legal methods for handling contract disagreements between you and the property seller. These    methods are not necessarily beneficial to you, and you do not need to agree to them.

  

When the Offer Becomes a Contract

Once the seller accepts your offer, the offer becomes a contract – you've contracted to buy a house. What's in a contract varies from state to state, but some common things you'll find include:

  • Legal description

   This describes the property you are buying in terms of its dimensions relative to a fixed point (like a road) or in    relation to a recorded subdivision plat or declaration of condominium. It often includes the street address of the    property.

  

  • Selling price and deposit

   This is the price you and the buyer agreed upon, as well as the amount of earnest money you'll pay when you    sign the contract.

  

  • Mortgage contingency

   A contingency protects you by stating that the sale depends on a lender approving you for a specific mortgage,    rate, and term.

  

  • Closing date and location

   The closing date (also called the settlement) can be several weeks to several months away to meet the seller's    and your needs.

  

  • Conveyances 

   Double check these conveyances to make sure that the items are there and are what you and the seller agreed    on in the offer.

  

  • Home inspection

   If you've made the contract contingent on a home inspection, this will set an inspection date and provide an    explanation of what will happen if the inspection identifies any problems.

  

  • Possession date

   This is the date you can move in. It's usually the closing day or very soon after it.

  

  • Property insurance

   This details the home insurance policy that will cover the property until the closing date. This can be the buyer's    or seller's policy.

  

  • Property disclosures

   This includes legal notification of any required information concerning the property (such as copies of documents    from the homeowners' association), issues or problems with the property  

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