What is an Offer to Purchase Real Estate?
An Offer to Purchase Real Estate form outlines a potential transaction between a buyer and seller. Typically, a buyer (or their real estate agent) uses this offer letter to establish a purchase price, deposit amount, and conditions on the sale of private or commercial property.
If both parties sign the offer, they agree to continue sales negotiations in good faith. Once all the conditions are met, they may proceed with a Contract to Purchase Real Estate.
How do I fill out an Offer to Purchase Real Estate form?
Use LawDepot’s Offer to Purchase Real Estate template to draft a quick and comprehensive letter.
1. Provide buyer and seller details
Include full names, addresses, and phone numbers for both the buyer and the seller.
2. Describe the property
Include the legal land description of the property. The legal property description can be obtained from your local Land Titles or Registry Office. Also include descriptions of any furniture or fixtures inside the building.
3. Suggest a purchase price
Include the total purchase price, the initial deposit, when the deposit is due, and who will hold the deposit until the end of the deal.
You should also state how the deposit will be paid (i.e., cash, personal cheque, or bank draft).
4. Pick a date for closing and possession
Real estate transactions typically allow some time between the offer and closing dates. This gives the buyer and seller the opportunity to address conditions, such as securing financing or conducting house inspections. Talk with your real estate agent and lawyer to decide on the best date for closing and possession.
5. Outline the conditions the offer is subject to
Typical conditions include requiring the buyer to secure financing and the completion of a professional home inspection. If conditions are not met by the closing date, the buyer or seller may cancel the offer.
6. Pick a date for the seller to accept or reject the offer
This date should precede the closing date and give enough time in between for organizing the logistics of the sale.
Do you need a mortgage before making an Offer to Purchase?
In most cases, a buyer obtains a mortgage after making an offer on a piece of real estate. For instance, the buyer might want to negotiate the sale price of the property or ensure certain repairs are made before they proceed with financing.
The Offer to Purchase letter provides a timeline for the buyer to obtain a mortgage or otherwise secure financing before the offer is binding and the sale is closed.
However, a buyer may seek pre-approval for a mortgage so that they don’t make an offer that they cannot afford. In this case, mortgage lenders can identify the maximum amount that you qualify for.
Is an Offer to Purchase legally binding?
When executed correctly, an Offer to Purchase is a legally binding contract. The parties are legally obligated to fulfil the contract if it contains the following elements:
- Offer and Acceptance: The buyer puts forth an offer that the seller accepts. They both sign the letter to prove they agree to the terms.
- Mutuality: The parties in the contract have a “meeting of the minds” in which they intend to enter into an enforceable agreement.
- Consideration: Both parties stand to gain something from the agreement. In this case, the buyer’s consideration is possession of a property, while the seller’s consideration is a sum of money.
- Capacity: The parties in the contract have the legal ability to sign, meaning they’re of legal age and sound mind.
- Legality: The terms of the contract do not break any laws (e.g., a seller cannot list a property for sale that they don’t own).
How do I cancel an Offer to Purchase?
You cannot withdraw an offer once the seller accepts. However, you can specify conditions that must be met for the property sale to go through. For example, the buyer might need to sell their property before they purchase another. If the buyer is unable to sell their property, they may legally cancel the Offer to Purchase.
Similarly, a seller might cancel a sale following a condition outlined in the Offer to Purchase. For example, the buyer’s offer might be contingent on a home appraisal. If the appraisal amount is low and the seller doesn’t want to reduce their listed price to match the appraisal, they may cancel the offer.
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