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Negotiating An Offer On Your Home

When a home buyer makes an offer (this is often presented to you directly from the buyer or through their lawyer), you should consult with your attorney. Buyers and sellers have an Attorney Review Period, which is usually three days, to cancel or amend the offer. The offer becomes a contract at the end of the Attorney Review Period, and is binding. Many of your home’s offers can be complicated and contain special clauses that favor the buyer.

Purchase price isn’t everything. Carefully consider the purchase contract’s other terms and conditions. Too many contingencies can leave loopholes and cause a deal to collapse. Especially avoid contingencies that favor the house’s buyer, such as linking the escrow closing date to the buyer’s sale of their current home. If the buyer insists on such terms, include a so-called kick-out clause in the contract that will allow you to consider other offers if the buyer isn’t able to sell within a certain period of time.

Assess your buyer’s financial qualifications

Is the buyer pre-approved? How much of a loan is the buyer seeking? Unless you are in an active market, lenders tend to shy away from underwriting a deal in which the purchase price is higher than the nearest comparable sale and the buyer is putting less than 10% down. If this is the case, your buyer may not be able to obtain financing.

Know the home selling market

How you judge an offer also can depend on market conditions. If the selling market is slow, you may feel vulnerable, especially if circumstances are pressing you to sell. Make sure any offer you accept does not keep you in escrow longer than 30 days. In a hot market where multiple offers are likely, be wary of countering more than one offer at a time (you could end up in legal trouble if two buyers both accept your counter offer). Also be wary of offers that promise more money but contain poor contract terms (long escrow, multiple contingencies, etc.).

If you feel the home’s offer is insufficient, make a counter offer. Rarely is a first offer the buyer’s absolute highest price they are willing to pay. Negotiating is part of the home selling process.

Again, your lawyer should review the details of all offers.