![]() ![]() Tamela Roche
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real estate in the Cambridge area: As your buyer's agent, it is very important that accurately set your expectations for what may transpire in highly-competitive “multiple offer” situations, when your offer is one of two or more offers the sellers are considering. Once you submit an offer, the seller may: A. Accept Your Offer B. Counter Your Offer C. Decline Your Offer Offer Accepted: "Acceptance" is not legally binding until the seller physically signs your offer and provides a copy of this signature on your offer to purchase document. It is acceptable for this to be done via fax machines and not necessarily on the “original” paperwork if either party is not locally available. Immediately we need to receive the seller's signed copy of the offer THEN – and only then - the offer is fully accepted and legally binding and we proceed to the Purchase and Sale Agreement phase. So if I call you to tell you it has been "verbally accepted" - do NOT begin celebrating until I tell you I have the signed copy! If the seller verbally accepts your offer but does not immediately provide the written acceptance – be forewarned any other offers received by the seller in the meantime that are more attractive than your offer - the seller still has the right to consider a better offer and may decline your offer (even if verbally accepted but not yet signed). This has happened - and I want to prepare you that EVEN WHEN we receive a verbal acceptance - your offer is not legally accepted until we receive the seller’s signature(s). Offer Countered: The seller may counter your offer by asking for a higher price or for a change to the terms and conditions (dates, contingencies, etc.): Your Rights: A. Accept the counter-offer terms B. Decline the counter-offer and end the deal C. Return with another counter-offer to the terms requested by the seller Once the "counter offer" situation ensues, the bidding process continues verbally with the listing agent and the buyer’s agent negotiating on behalf of the seller and buyer. Note that either party at anytime may decline and thus renders your offer null and void. *** If you decide to counter-offer, you MUST be able to initial any changes to your copy of the offer and be able to fax this change immediately to me so I can get it to the listing agent. Time is of the essence – especially during counter-offer negotiating as all discussions are verbal and not legally binding until written and signed. Offer Declined: You have the right to know why your offer was declined and we will get that answer from the listing agent (price, terms, etc.).
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