If you’re getting in the real estate business and are relatively new to the market, questions about who delivers your offer to the seller are among the first that need to be answered.
Being approved for a mortgage is the first step. The second step is to compose the actual offer, and the third one would be to deliver it to the seller.
That is where things can get tricky. It’s a whole process, and there’s more than one outcome for you.
That’s why today, we’re going to talk about how to compose the best possible offer for the seller, cover some basic terms about the delivery process itself, and see who are the key players in the game.
If you’ve found the perfect housing option, then you should most certainly be familiar with the issues we’ll be addressing today.
Feel free to read on – and catch up on some terms you might’ve underestimated.
Real Estate Agent Delivers The Offer To The Seller
After you’ve got your mortgage pre-approval letter and successfully composed the real estate offer, it’s time to move forward with the procedure. Who delivers your offer to the seller, though?
The most common scenario is one where you’ve worked on this with your agent. After you’ve added the personal touch, the right thing to do would be for the real estate agent to deliver the offer alongside all the supporting documents to the seller’s listing agent.
Keep this in mind because we’ll be circling back to it in a minute.
The delivery process can play out in several different ways. But in 80% of cases, the buyer’s agent is the one who delivers your offer and supporting documents to the seller.
If the distance between your agent and the seller’s listing agent allows it, then face-to-face interaction is desirable. It shows a dose of determination that you’re ready to buy the property. You don’t want this transaction to turn into a waiting game that can go on for months on end.
It can also be done via e-mail. Of course, we live in a digital era where even the most important matters are handled over the telephone or text message.
If there is a buyer’s agent in the game, then they can submit the real estate offer on your behalf. But if you’re working alone – or you’re a real estate agent by profession – feel free to submit the offer directly to the listing agent.
What if the competition for the proposed purchase price is large?
If that’s the case, your listing agent will call, text, or meet up with the seller’s agent and work towards getting the paperwork done as soon as possible.
What If You Are Working With The Same Agent?
In real estate, that’s referred to as a “dual agency” situation.
Let’s clear the air on this:
Like we said, working with an agent who delivers the documents is quite common – but there’s also a chance that the buyer’s agent and the seller’s agent end up being the same agents. In most cases, the mentioned real estate offer process can turn into a delicate situation because the agent should remain neutral.
A single agency, on the other hand, is the scenario you’re used to – it’s when you’re represented by one agent who acts in your best interest, with the seller’s listing agent representing the other party.
Dual agency can be hard to avoid if:
- The agent is hosting an open house
- Buyers find a property through online listings
- It’s a new construction property
Is Dual Agency Illegal?
Yes, the dual agency is illegal in the following states – Kansas, Florida, Maryland, Alaska, Colorado, Alaska, Texas, Vermont, and Wyoming. As far as other states go, there are different laws governing this situation.
Real Estate Agents Present The Offer – Now What?
Once you’ve delivered the offer to the seller, and it’s been successfully presented by either the agent or yourself, there are three possible outcomes to expect – and we’ll discuss them in more detail here.
The outcomes include getting rejected, the seller putting together a counteroffer, or the seller’s agent reaching out to your agent to announce that you got the house – officially.
The Seller’s Agent Calls With Good News
The best-case scenario would be for the seller’s agent to reach out to you as soon as they go over your offer and give you the good news.
If your phone rings soon, congratulations – you’ve got the house. Your offer is now an actual purchase agreement, and you’re one step closer to moving in, but you’re not 100% done with the documentation yet.
During the closing of your deal, you’ll probably be excepted to turn in a deposit, perform a thorough home inspection – especially if buying a free-standing property – get your house appraised, and settle on the loan.
It’s critical not to get too carried away by the bright sides of the house. Even your dream house can have a few issues that you’ll only notice later. For example, inquire about unattached furniture, appliances, or an old carpet that needs to be replaced.
Take your time with choosing the house. Sometimes, “minor problems” that have been pushed under the rug could end up being big issues.
The Seller Raises A Counter Offer: How To Respond?
It seems that your primary offer didn’t leave such a good impression on the seller. They probably went over how much money you offered – and are now seeing if they can charge you more.
A counter-offer occurs when both the seller and their agent aren’t too happy with the terms laid out in the attached offer. And like we said, your offer to the seller usually includes a proposed purchase price. If they’re not happy with it, the seller might want to raise the price rather than accept your offer right away.
Is there a legal limit to the number of counter-offers between buyers and sellers?
There’s no limit to the number of counter-offers a buyer and seller can make on a specific property. Both parties can switch back and forth, estimating and changing the terms of the sale. The result?
Either the seller will accept the offer and agree on a sale price – or these real estate transactions will fall through, and your offer to the seller will no longer be valid.
The Buyer’s Agent Receives Bad News
Unfortunately, there is no guarantee for a successful business deal. You should be prepared to hear the bad news too.
In this case, the buyer’s agent or the buyer themselves will receive a short phone call from the seller – or the real estate agent – explaining that the offer was rejected. The reasons vary. They can be related to tax and sales fees, your personal financial statement, and so on.
Since you have not reached a mutual agreement, the seller won’t raise a counter offer.
The Basic Points In A Buyer’s Offer
Since we’ve managed to bring you closer to the entire make-an-offer process, the next step would be to note down some basic points regarding the document itself.
On a related note, a customized offer submission form is a document that’s especially useful for real estate agents. The form is used to collect valuable info about the homebuyer – like a short biography of sorts.
Knowing what to include in your offer is every bit as important as deciding who delivers your offer to the seller. Here are some crucial points to cover in your offer.
Property Address And Information
The first thing you should include in your purchase agreement is, of course, identifying information about the property. Also, make sure that you mention everyone involved in the transaction – yourself, the seller, and the agents.
A key part of this offer is the proposed price. You should be clear on the amount of money that you are willing to pay for the home you’re interested in buying. Be sure to specify who should cover the closing costs, too.
In addition to the price you’re willing to pay for your future home, you’ll have to state the amount you are willing to put down as a deposit, that is, your earnest payment.
Any significant purchase generally has a warranty – offered by the seller – that will protect the buyer. And on the real estate market, you have something called a “warranty of title.” It’s a guarantee that the seller has the right to transfer ownership of the property and that it’s clear of liens and mortgages.
For a contract to be respected, you must include important dates. Some are considered more important than others – including the closing date and how much time the seller has to respond before your offer expires. That contributes to resolving the matter as soon as possible, without delay.
Supporting documentation is an integral part of your offer. That may include documents such as the letter to the seller, a buyer’s financial statement, and a mortgage pre-approval.
Your supporting documentation must provide proof that you’re financially stable at the moment of purchase.
A so-called sale contingency is any notable issue that has to be resolved for the transaction to move forward. The buyers should include any contingencies related to the sale, such as financing, detailed home inspections – vital for buying free-standing property – and appraisal before the payment is made or selling your current home.
Other Important Terms You Should Know
If you’re new to this, the definitions of the following terms may help you understand the whole process better. So, let’s list the most important ones down:
- A verbal offer is presented by a real estate agent. Unlike the written word, it’s not acceptable in real estate transactions, but some people like to hear the verbal offer before signing a contract with the listing agent.
- Condo listing agents are agents that are licensed and represent the sellers, market the property, and communicate with the potential buyer.
- A pre-approved mortgage letter is a document stating that you’re pre-approved for a loan. A pre-approval means that you’re one step closer to buying your home. However, it can get confusing. In some cases, your mortgage pre-approval letter can be denied if there’s an extreme change in your financial situation.
- Your personal financial statement is a valid document that outlines your assets and liabilities. On a similar note, a bank account statement denotes the financial transactions that took place during a specific period.
- A real estate attorney is an important figure, as well. They are a licensed lawyer whose job is to go over and review all the documents in detail before any major payment arrangements have been made.
We can say that we successfully “closed the deal” on this topic.
So, to recap, who delivers your offer to the seller?
The offer that potential buyers compose is essentially delivered by the real estate agent. However, this is not definite. Although it is a common rule, the situation in the real estate business can vary. By this, we mean that you could be going at this alone.
You might also end up in situations where the seller’s agent represents the buyer, as well – but you shouldn’t lean towards this option because it could end in conflict.
From there, one of three things will happen – your offer will either be accepted or denied, or the seller will try to give you a counter-offer – that is, negotiate a higher purchase price.