If the buyer is not working with a real estate agent and does not have representation, the offer would come directly from the buyer. Represented buyers can also write their own offer letter and have their agent submit it for them.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.
The Requirements of an Offer The statement of offer must show intent—The statement must reasonably be interpreted to indicate an intention to enter into a binding agreement. The offer must be communicated to the other party—An agreement cannot exist unless the offer is communicated.
Valid Offer: The offer must be clear and specific. Acceptance: The offeree must accept the offer without modifications. Adequate Consideration: There must be a fair exchange of value between the parties. Legality: The contract's purpose must be lawful.
You can always offer 20-50% under asking.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Offer Expiry Date means the date upon which the Offer lapses, terminates or is withdrawn. Offer Expiry Date means the date falling immediately after the date upon which the Offer lapses, it is withdrawn or expires, in each case without having been successful.
Offers are not open indefinitely; even offers that do not have a date, day, or time of expiration will lapse after some period of time. In the absence of an expressly stated time limit, the common-law rule is that the offer expires at the end of a “reasonable” time.
The exception is for certain states, such as California, where an offer will be considered revoked if it's not signed by the seller and delivered back to the buyer by 5 P.M. on the third day after the buyer signs it. A buyer can enter a specific date into the agreement or keep the default of the third day.