If you are the real estate agent or broker representing the party in this sale, include your information in the “Prepared by” section. The remaining information on the funding proposal should be for the Buyer and the Seller.
If you anticipate the Seller receiving a high number of offers on their property, you may suggest that the Buyer attaches an introductory cover letter to this real estate business proposal template. While the Buyer is likely to choose the offer that best meets their financial expectations, a cover letter may be the personal touch that sets the Buyer apart from other offers.
Dear [Client.FirstName] [Client.LastName] ,
This letter constitutes my offer to purchase the real estate property specified above (the “Property”) from you (the “Seller”) on the following terms:
Total purchase prise:
Refundable deposit: $
Closing date: Prior to
Contingencies:
MM / DD / YYYY Enter deposit value List the things that must be done in order for this real estate proposal to stand and remain valid Enter total priceIf all or part of the deposit is nonrefundable, change this editable field to reflect that information.
There may be factors that are unknown at the time of making an offer. This section offers protection to the Buyer against buying a property that is different than represented initially. Other reasons for contingencies include the Buyer needing to first sell another property before taking on the financial responsibility for the Property listed in the proposal.
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If the buyer and seller have different real estate agents, commission fees are usually split between the two. If additional commission is owed for additional agents involved in the sale of the property, add those fees here.
By signing this proposal, The Seller acknowledges that they have read the document in its entirety and agrees to the Purchase Price as well as the terms and conditions. The Seller’s signature also confirms that they agree to comply with all provisions outlined in this proposal, including working with the Buyer and the Broker to finalize the sale of the Seller’s property by the estimated date listed above. Terms of this agreement include:
The deposit amount will be applied to the agreed sale price of the property at closing. If for any reason the Buyer decides not to move forward with the sale of the property, they forfeit the deposit amount of $(amount). Any deposit over and above this amount is refundable.
As part of this agreement, the Broker takes the previously agreed upon commission of __% or a total of $________ out of the closing settlement of the property upon completion of the sale. The Seller understands that commission fees are decided by each individual broker and not governed or controlled by the Association of Realtors or any other real estate services.
If, for any reason, the closing settlement date extends beyond the date listed above, the terms of this proposal shall also be extended for the period of time needed to complete the transaction and finalize the agreement.
If either the Seller or the Buyer breaks the terms of the contract or fails to follow through on necessary steps to finalize the Agreement, the other party has the right to recoup attorneys’ fees, broker commission, and other costs incurred by breaking the Agreement.
You may consider including a clause that limits the recovery fees to specified financial losses or expenses. Otherwise, it is implied that there is no limit to the amount that either party may recover if the other party does not comply.
The Seller agrees that they are accepting this offer for the purchase of their property without discriminating based on race, color, religion, national origin, sex, disability, or familial status of the Buyer. This list is not comprehensive, and the Seller may have state or local laws that protect additional classes from discrimination.
Any changes or damages made to the property in question may result in this Agreement being voided at the cost of the Seller. Prior to signing final closing documents, the Buyer is entitled to complete a final walk-thru of the property to assess for changes or damages.
The Broker will work with all necessary parties to determine an appropriate closing date, time, and location. The Broker will notify the Seller with at least five (5) business days’ advance notice.
The Seller and Buyer have the right to push back the closing date if a delay is necessary due to forces beyond either party’s control. This extension will be granted and the closing date rescheduled within ten (10) business days, or else the party requesting the extension will be held in default and may face legal and financial repercussions.
All expenses, including but not limited to taxes, assessments, homeowner’s association dues, and property assessments, will be prorated according to the date of the closing. The local tax assessor or collector’s office will provide the correct amount for taxes to the Broker prior to closing. Proration of any other fees will be calculated by dividing the total cost by 365 days and then multiplying by the number of days left in the year.
You want the execution of every real estate proposal to go just like you expect, but life happens. It’s important to expect the unexpected and provide guidelines for what happens if one party or the other needs to push back a closing date. This eliminates the chances of misunderstandings.
The Seller agrees to completely vacate the Property prior to closing, including removal of any personal items. Occupancy is granted to the Buyer at the time of closing with no exceptions.
The Buyer will provide proof of insurance at closing, if required, dated effective as of the closing date. The Seller agrees to maintain insurance on the property until the date of closing.
The Seller will transfer the title for the property to the Seller at the time of closing. This is done in good faith that the title is clean and there all taxes and fees associated with the property are up-to-date. Other information included with the title may include:
Any recorded zoning restrictions, conditions, or limitations Presence of any oil, gas, or mineral reservations Easements or other matters that appear on the Seller’s property Any known facts that a professional survey or inspection would unveilIf the property has any active utilities, the Seller has no responsibility to leave the utilities turned on in their name following the date of closing. If they do choose to leave the utilities on, the Buyer agrees to transfer the services into their name within three (3) business days of the closing.
The Buyer and Seller may reside in different states. Because of this, it is important to explain which state’s governing laws are used to make any final decisions in regards to this proposal. It’s a good idea to look up the Seller state’s real estate laws so that the terms of this agreement align with those legal requirements.
None of the terms contained herein shall be binding on the parties until execution of a Purchase and Sale Agreement for the Property. Once all parties sign the agreement, it is legally binding. If it becomes necessary to settle any disputes between the Buyer and the Seller, the state of [Sender.State] shall oversee the arbitration process.
Below are examples of what a Buyer may need to pay, but each situation is unique. Your buyer may have more or fewer fees. You can use the drag-and-drop tools to customize this section and tweak the sample language.
At closing, Buyer shall pay the cost of the following:
Costs of recording the Deed(s)Any reimbursement on the current year prorated taxes of Seller calculated from the closing date to the end of the current year
Buyer’s reasonable attorney’s fees Escrow and closing fees, if any All costs other than those listed above shall be borne by the SellerMake sure you explain whether the buyer is expected to pay any of these fees before closing or if the fees come out of the proceeds of the sale of the property.
With a PandaDoc template, it’s easy to go back and make edits until the agreement meets everyone’s expectations. Remove fields that don’t apply to the sale of a property, or add new fields if something is missing.
Both the Buyer and the Seller must approve any changes made to this agreement once the signing is complete. Any agreements made verbally or otherwise do not apply to this contract unless added as an addendum. It is explicitly understood that addendums affecting the closing date or any costs outlined in this contract may lead to additional changes to the contract as warranted.
Buyer extends this real estate proposal to purchase the Property with the understanding that it may rescind or otherwise terminate this offer and any negotiations at any time.
Buyer accepts Seller’s terms as communicated in [PurchaseTerms.Source] unless otherwise modified by this offer.