New York Counter Offer to Purchase 3 - Residential

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Multi-State
Control #:
US-01731-AZ
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Word; 
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This form is a counter offer to an offer to purchase real estate. For use to negotiate a more desirable purchase price. Adapt to fit your specific facts and circumstances. Don't reinvent the wheel, save time and money.
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FAQ

A seller cannot respond to multiple offers by sending a simple counteroffer to each potential buyer. More than one buyer could accept the counteroffer giving each buyer a valid contract, but the seller would not be able to sell the property to more than one of them.

Any change to an offer creates a new offer, called a "counteroffer." Like an offer, a counteroffer can be withdrawn by the seller at any time before it is signed by the buyer and the signed acceptance is delivered back to the seller or his agent.

Information for Buyers Sellers can accept the best offer; they can inform all potential purchasers that other offers are on the table; they can counter one offer while putting the other offers to the side awaiting a decision on the counter-offer; or they can counter one offer and reject the others.

You can increase your asking price by enough to still get as high as your list price after paying the buyer's closing costs. If your list price is $200,000, and the buyer offers $190,000 with $6,000 toward closing, you would counter with something between $196,000 and $206,000, with $6,000 for closing costs.

It also specifically states that if the buyer, or buyers, accept the seller's terms, the multiple counter must be re-signed by the seller to be binding. This re-signing requirement protects against selling the home to more than one buyer. So the final say on which offer will prevail rests with the seller.

In short, a realtor might lie about having multiple offers. They can exaggerate the level of interest they have in a property to drive the price up. The goal is to close the deal as quickly as possible. But doing so isn't exactly an ethical practice.

The seller can counter more than one buyer's offer at a time IF they use appropriate language when doing so with the separate parties to let them know the situation. This language would need to include that all offers are subject to final written approval of the seller.

Multiple Offers in Seller's MarketsSubmit a Large Earnest-Money Deposit.Show the Seller That You're Qualified.Give the Sellers Time To Move.Shorten or Waive Some Contingencies.Offer To Bridge the Gap Between Appraisal and Sales Price.Write Your Best Offer.Sell Your Existing Home First.Play Nice.More items...

In New York, accepted offers are not-binding. Buyers frequently put offers on multiple properties simultaneously. An accepted offer is nothing more than an agreement on terms and pricing. Only fully signed contract matters, and until then, both buyers and sellers can back out.

If they like two or more offers and want to counter them, they have an option to issue a Multiple Counter Offer. With the multiple counter offer process, the seller decides after one or more of the buyers accepts (or if they counter back and forth, or if one buyer improves his or her offer).

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New York Counter Offer to Purchase 3 - Residential