terms; • can be refused if the seller doesn’t accept the amount being offered; and • becomes void if the seller makes any changes, and becomes a counteroffer, which you can accept, refuse, or change In this last instance, which is actually quite common during this process, an offer turns into a counteroffer, which can turn into another counteroffer, and on it goes back and forth until both parties are satisfied, or until the buyer moves on and/or the seller refuses to accept the buyer’s deal. The offer doesn’t actually become a contract until all parties agree to all terms, conditions, and changes in writing. So, now, what all should be included in the drawn-up purchase offer? Here is a list of the most common items: • Physical address of the property • Legal description of the property • Price and terms and conditions of the purchase • Seller’s promise to give clear title to buyer • Target closing date • Earnest deposit associated with the offer, as well as method of deposit • Disposition of earnest deposit if deal falls through or fails • Plans for adjusting taxes, fuel, and water bills between buyer/seller • Who will pay for title insurance, land survey, home inspections, etc.? • The deed to be granted • State-mandated legal requirements • Attorney review of contract • Any disclosures 135
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