Offer Components
Every offer includes several elements that affect the seller’s net proceeds and transaction risk.Purchase price
Purchase price
The total amount the buyer offers to pay. Higher price doesn’t always mean better offer if other terms create risk or cost.
Earnest money
Earnest money
Deposit demonstrating buyer’s serious intent, typically 1-3% of purchase price. Larger deposits indicate stronger commitment and create more buyer risk if they default.
Down payment and financing
Down payment and financing
How the buyer plans to pay. Cash offers eliminate financing risk. Larger down payments reduce lender denial risk. Pre-approval letter strength matters.
Closing date
Closing date
When the transaction will complete. Sellers may prefer faster closings or need time to relocate. Flexibility on timing can be valuable.
Contingencies
Contingencies
Conditions that must be met for the contract to proceed. Fewer contingencies or shorter contingency periods reduce seller risk.
Included/excluded items
Included/excluded items
What personal property the buyer wants included (appliances, fixtures, furniture). May affect net value of the offer.
Contingencies from the Seller’s Perspective
Contingencies protect buyers but create risk and uncertainty for sellers. Understanding each contingency helps evaluate offer strength.Financing contingency
Financing contingency
Allows buyer to terminate if loan is denied. Protects buyer’s earnest money. Risk to seller: deal falls through late in the process if financing fails. Stronger pre-approval reduces this risk.
Inspection contingency
Inspection contingency
Allows buyer to terminate or renegotiate based on inspection findings. Risk to seller: buyer may request repairs, credits, or price reductions after inspections. Shorter inspection periods reduce time at risk.
Appraisal contingency
Appraisal contingency
Allows buyer to terminate if property appraises below purchase price. Risk to seller: may need to reduce price or lose the deal if appraisal is low. Appraisal gap coverage reduces this risk.
Home sale contingency
Home sale contingency
Makes purchase contingent on buyer selling their current home. Risk to seller: transaction depends on a separate sale the seller doesn’t control. Kick-out clauses provide some protection.
Addendums and Contingencies
Detailed guide to contract contingencies
Multiple Offer Situations
When multiple offers arrive, sellers have several options.Accept the best offer
Accept the best offer
Choose the strongest offer based on price, terms, and buyer qualification. Transaction proceeds with that buyer.
Counter one offer
Counter one offer
Select one offer to negotiate with, rejecting others. Common when one offer is close but needs adjustment.
Counter multiple offers
Counter multiple offers
Send counteroffers to multiple buyers simultaneously. Creates competition but risks losing all buyers if they feel manipulated.
Request highest and best
Request highest and best
Ask all buyers to submit their strongest offer by a deadline. Useful when multiple offers are similar or when expecting more interest.
Evaluating Offer Strength
Buyer qualification
Buyer qualification
- Pre-approval letter from reputable lender
- Verification level (full documentation vs quick approval)
- Down payment amount and source
- Proof of funds for cash offers
Terms that strengthen offers
Terms that strengthen offers
- Larger earnest money deposit
- Fewer or shorter contingencies
- Appraisal gap coverage
- Flexible closing date
- As-is acceptance
- Waived contingencies (with appropriate risk acknowledgment)
Terms that weaken offers
Terms that weaken offers
- Minimal earnest money
- Extended contingency periods
- Home sale contingency
- Excessive seller concessions
- Unusual requests or conditions
- Weak or unverified financing
Counteroffers and Negotiation
Sellers can accept, reject, or counter any offer. Counteroffers create new offers that buyers can accept, reject, or counter in return.What sellers typically counter
What sellers typically counter
- Purchase price
- Closing date
- Contingency periods
- Earnest money amount
- Included/excluded items
- Repair requests or credits
- Seller concessions
Counteroffer strategy
Counteroffer strategy
- Counter on terms that matter most
- Consider the full package, not just price
- Respond promptly to maintain momentum
- Be willing to compromise on less important terms
- Know your bottom line before negotiating
When to accept vs counter
When to accept vs counter
Accept when the offer meets your goals or market conditions suggest it’s the best you’ll receive. Counter when terms need adjustment but the buyer seems motivated and qualified.
Seller Responses to Repair Requests
After inspections, buyers typically request repairs or credits. Sellers have options.Agree to all repairs
Agree to all repairs
Transaction proceeds as modified. Seller completes repairs before closing.
Agree to some repairs
Agree to some repairs
Negotiate specific items. Common approach focuses on safety issues and major systems.
Offer credit instead
Offer credit instead
Provide closing cost credit or price reduction instead of making repairs. Buyer handles repairs after closing.
Refuse all requests
Refuse all requests
Decline to make repairs or offer credit. Buyer decides whether to proceed or terminate.
Cosmetic issues and minor maintenance items are typically not negotiated. Focus negotiations on safety issues, major system problems, and items that affect habitability or financing.