OFFER TO PURCHASE
 

All real estate contracts must be in writing

In all states in the United States, as well as every province in Canada, all real estate contracts must be in writing.  This includes the offer to purchase or deposit receipt which will be used to make an offer on a property.

Even if you give your agent permission to bargain for a property in your behalf, your agent must have a signed Purchase Contract before they can actually present your offer.  (Only if an agent that has a signed Power of Attorney to act for you can they make written offers in your name.)

 

The offer process goes something like this:

  • The buyer's agent prepares an Estimated Closing Cost form which gives the buyer an idea of the buyer's costs to purchase the property.  These costs are based on the amount the buyer has offered for the property and will include closing costs and the buyer's down payment.

  • The buyer's agent with the buyer prepares the actual Purchase Contract. The buyer's offer to purchase will be presented to the seller by the seller's agent.  The Arizona standard purchase contract is 9 pages. The buyer may sign other forms, such as Agency Disclosure. Click here to review samples of Arizona Real Estate forms.

  • The buyer's agent contacts the seller's listing agent to arrange presentation of  the offer to the seller.  In Arizona, it is permissible for the buyer's agent to present the offer to the seller (in the presence of the seller's agent, of course).  However, it is more common that the buyer's agent delivers the buyer's offer to the seller's agent; and the seller's agent presents the offer to the seller without the buyer's agent being present.

  • The seller may take a period of time to evaluate the offer, discuss the information and decide if the seller wishes to accept the buyer's offer.  The seller's agent prepares a Net Proceeds Statement for the sellers which details the estimated costs to sell their property and the seller's net proceeds if the seller accepts the terms and conditions of the buyer's offer. 

  • The seller may accept the buyer's offer, rejects it or drafts a counter offer.

  • If the seller accepts the buyer's offer, the buyer's and seller's agents open escrow and begin the closing process.  If the seller counters the buyer's offer, the buyer may accept, reject or counter the counter offer. 

  • Because this process often moves along quickly it's important that the buyer and the seller be available to their agents.