How To Make An Offer To Purchase Real Estate

An Offer to purchase real estate is a legallyquitclaim deed.
binding contract between two or more parties forIn case the type of deed is unspecified then it
the purchase/sale, exchange or otherwisemay be assumed to be a "marketable deed"
conveying title of property from one party to thewhich implies that it is a warranty deed. All liens or
other. Most often, the agreement is bilateral inother encumbrances on the real estate should be
nature and it should conform to contract law inspelt out at the beginning to avoid the contract
general and in addition, should be set down inbeing voided either at the time of closing or
writing to be considered as enforceable by law.before closure of the offer.
In the United States, a contract has to be set inFurthermore, there may be present certain
writing to become enforceable, according to thecontingencies that must be complied with for the
Statue of Frauds. Typically, an Offer shall haveoffer to be accepted and the contract be
the following contents:performed. These are:
• Identity of the parties to the contract• Contingency regarding mortgage
• Identity of the real estate •• Contingency regarding inspection
Purchase price of the real estate •• Contingency regarding another sale
Signatures of the parties • Should be for• Contingency regarding appraisal
a legal purpose and not for any unlawful activityIn addition, the Offer to purchase real estate shall
• Parties to the contract should be legallyinclude the date of closing the contract and taking
competent to enact the contract •possession of the property. The condition of the
There should not be any conflict in the minds ofproperty should have been ascertained at the
the parties to the contract • Thetime the real estate ownership passes to the
contract should be enacted for a considerationbuyer. Their may or may not be separate riders
Though it may not always be required,to the contract and their may be some amount
notarization of the contract may be necessary inof money to be deposited as earnest money
some cases. In any case, the Offer requires thatalong with the Offer.
one party make an offer and the other partySince this document is exhaustive, care should be
accepts the offer. To make the contracttaken in drafting it and most buyers/sellers of real
enforceable by law both the offer and acceptanceestate would be well-advised to purchase
should be in writing and be signed by all thepre-drafted offer documents to obviate the
parties concerned.necessity of having to draft one for themselves.
All alterations to the contract should be initialed bySince these documents have already been
all the parties concerned. The type of deed that isdrafted, they form the ideal platform for
used to convey title of the property should beprospective buyers and sellers to launch their
specified. It may either be a warranty deed or aOffers to purchase real estate.