In Oregon, REALTORS® have standard purchase agreements and will help you put together a written, legally binding offer that reflects the price as well as terms and conditions that are right for you. Your REALTOR® will guide you through the offer, counteroffer, negotiating and closing processes. You also may utilize your real estate attorney. The sale agreements are also a good reminder and instructional in regards to requirements, timelines and items of consideration.
If you are not working with a real estate agent, keep in mind that you must draw up a purchase offer or contract that conforms to state and local laws and that incorporates all of the key items. State laws vary, and certain provisions are required. You may review more at the Oregon Real Estate Agency online.
If you are not working with a real estate agent, Call Aimee at 503-829-8328. Let’s chat and see if working together would be in both parties interest.
Side note: Ideally you will have already met with a mortgage banker, broker or your financial adviser to discuss and prepare for your purchase. You have money set aside for the earnest money, for down payment, for closing costs, for inspections and for appraisal fees.
Buyers and sellers may also want to speak with tax professional to discuss capital gains impacts, out of state seller tax, transfer fees, etc.
After the offer is drawn up and signed, it is usually presented to the seller by your real estate agent, by the seller’s real estate agent.
Digital signatures and presentations are fast becoming industry standard.
What is in an Offer?
The purchase offer you submit, if accepted as it stands, will become a binding sales contract (known as a purchase agreement or earnest money agreement). So it’s important that the purchase offer contains all the items that will serve as a “blueprint for the final sale.” The purchase offer includes items such as:
·address or the legal description of the property
·terms: for example, all cash or subject to you obtaining a mortgage for a given amount
·seller’s promise to provide clear title (ownership)
·target date for closing/recording of the sale.
·amount of earnest money deposit accompanying the offer, whether it’s a check, cash or promissory note, and how it’s to be returned to you if the offer is rejected – or kept as damages if you later back out for no good reason
·method by which real estate taxes, rents, fuel, water bills and utilities payments are to be adjusted (prorated) between buyer and seller
·provisions about who will pay for title insurance, survey, termite inspections, etc.
·type of deed to be given
·other items may be included which might include a chance for an attorney to review the contract, disclosure of specific environmental hazards, etc.
·a provision that the buyer may make a final walk-through inspection of the property just before the closing
·a time limit (preferably short) after which the offer will expire
·contingencies, which are an extremely important matter and that are discussed in detail below
Contingencies – “Subject to” Clauses
If your offer says “this offer is contingent upon (or subject to) a certain event,” you’re saying that you will only go through with the purchase if that event occurs. Here are two common contingencies contained in a purchase offer:
·The buyer obtaining specific financing from a lending institution: If the loan can’t be found, the buyer won’t be bound by the contract.
·A satisfactory report by a home inspector: for example, “within 10 days after acceptance of the offer.” The seller must wait 10 days to see if the inspector submits a report that satisfies the buyer. If not, the contract would become void. Again, make sure that all the details are explicitly stated in the written contract.
You’re in a strong bargaining position, that is, you look particularly welcome to a seller, if:
·you’re an all-cash buyer
·you’re already have a preapproved mortgage and you don’t have a present house that has to be sold before you can afford to buy
·you’re able to close and take possession at a time that is especially convenient for the seller
When making an offer, you always want to make your highest and best offer.
It’s very helpful to find out why the house is being sold and whether the seller is under pressure. Keep the following considerations in mind:
·every month a vacant house remains unsold represents considerable extra expense for the seller
Please also keep in mind that the Realtor who listed this property has taken these items into consideration when pricing the property. It is always a good idea to know what the comparable properties are on the market.
This is a deposit that you give when making an offer on a house. Earnest Money is required and shows not only “good faith” but also serves as liquid damages to a seller if the seller pulls the property off the active market and places the property in a pending status while you are proceeding towards closing. Seller’s loose marketing momentum the moment it goes sale pending and this can be critical to the sales process. The earnest money is an amount of money you are willing to give to the seller to compensate them for taking the property off the market in the event you decide to “just walk away” from the transaction.
An escrow company usually holds this money. The amount of which varies from offer to offer. This will become part of your down payment.
Buyers: the Seller’s Response to Your Offer
You will have a binding contract if the seller, upon receiving your written offer, signs an acceptance just as it stands, unconditionally. The offer becomes a firm contract as soon as you mutual agreement has been reached.
If the seller likes everything except the sale price, or the proposed closing date, or any other detail in the offer, you may receive a written counteroffer including the changes the seller prefers. You are then free to accept it, reject it or even make your own counteroffer.
Each time either party makes any change in the terms, the other side is free to accept, reject or counter again. The document becomes a binding contract only when one party finally signs an unconditional acceptance of the other side’s proposal.
Buyers: Withdrawing an Offer
This must be done in writing prior.
Sellers: Calculating Your Net Proceeds
When an offer comes in, you can accept it exactly as it stands,reject it, or make a counteroffer to the buyers with the changes you want. In evaluating a purchase offer, you should estimate the amount of cash you’ll walk away with when the transaction is complete.
Once you have a specific offer or proposal before you, calculating net proceeds becomes simple. From the proposed purchase price you can subtract the following costs:
·payoff amount on present mortgage
·any other liens (equity loan, judgments)
·broker’s commission/compensation fee
·legal costs of selling (attorney, escrow agent)
·unpaid property taxes and water and other utility bills
·if required by the contract: cost of survey, termite inspection, buyer’s closing costs, repairs, etc.
·Out of state sellers tax
·seller paid home warranty, closing costs (items purchased for buyer negotiated in transaction)
When you receive a purchase offer from a would-be buyer, remember that unless you accept it exactly as it stands, unconditionally, the buyer is free to walk away. Any change you make in a counteroffer puts you at risk of losing that chance to sell.
Who pays for what items is often determined by local custom. You can, however, negotiate with the buyer any agreement you want about who pays for the following costs:
·buyer’s closing costs
·points paid to the buyer’s lender
·buyer’s broker fees
·repairs required by the lender
You may feel some of these costs are none of your business, but it is very typical in this market place for buyers to ask.
To Get started, Research by utilizing this site…..Browse the tab under Property for sale/Open Houses, or the tab Let’s Go Shopping or The Early Bird Club/Be the first to know, and/or the tab Property Values and Let’s start taking a look at what is for sale, the current prices of Real Estate as well as Consulting a Mortgage Banker, Mortgage Broker , then your Financial Adviser to see what purchase price is comfortable and your Tax consultant to see how your sale or purchase will benefit your long or short term goals. Familiarize yourself also with both the Buyers and Sellers Advisorybrochures.
Then let’s schedule an apt. to meet to discuss your individual plan of action.