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(Sellers), for the sale of real property known as. , Sellers make the following counter offer: All other terms remain the same. The above counter offer, unless ...
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(insert other terms, if any). To the extent ... (insert other terms, if any). If no such agreed counter offer is made, the Sale of Real Property is, and the Sale of Real Property will be, final and void. The foregoing terms may be changed at the sole discretion of Buyer or Buyer's agent at any time. Seller accepts Purchase agreement, but the sale proceeds are not part of Buyer's price, and Seller is in default, subject to all the laws of the United States. Seller, Buyer have no oral (oral) agreements in effect relating to the sale of real property, which do not conform to the Seller's obligations hereunder. No oral oral agreements whatsoever relating to the property described herein has been made or will be made. No verbal representations which relate to such real property shall have the force and effect hereunder, except by the representation of Seller to Seller's agent, an officer, or employee of Seller, or by the representation of Buyer to Buyer's agent, an officer, or employee of Buyer, and Seller shall not be precluded by the execution of any express or implied agreement hereunder from making any such representations to such officer, or employee, and any such representation shall be enforceable by the Seller and/or Buyer or Buyer's agent, as the case may be, in accordance with the terms and conditions of this agreement. Seller has also received notification from Buyer that Buyer is the lessor of such real property, and Seller is acting in the interest of Buyer only and not in furtherance of the interests of Seller. Seller hereby agrees to take and perform such other actions and perform all other obligations in relation to this property, or in relation to any transaction hereunder, as may be applicable and to cause any person having authority to bind Seller as Seller's agent or as an officer or employee of Seller and all such person to take and perform such other actions and perform all such obligations hereunder as may be applicable to them. In the event of any nonperformance by Seller in full compliance with any obligation hereunder, Buyer shall be entitled as holder of the Purchase Agreement to require further performance on the part of Seller. Seller's duty and liability hereunder as Seller's agent includes but is not limited to performing all financial obligations in any manner and in any amount Buyer may specify. In the event any party to this contract is not entirely party to Seller's agreement in effect hereunder, to the extent that such
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Hello Dana sparks broker of maximum one Greater Atlanta Realtors and this week's contract tip has to do with counteroffers so remember a buyer is going to make an offer on a purchase the sale agreement and then if the seller and the buyer counter any of the terms back and forth that really should be done on a counteroffer form so on the counteroffer form the only terms that should be on there is anything that the other party let's start with the buyer let's say the buyer writes an offer on a purchase the sale agreement let's say the seller agrees to everything except for purchase price closing costs and leaving the washer and dryer, so the seller is going to prepare a counteroffer form and send just those three changes purchase price closing costs and the personal property item of washer and dryer sign it send it back to the buyer let's say the buyer is fine with not with the seller taking the washer and dryer, and they are fine with the purchase price, but they need more money in closing costs, so the buyer is then going to prepare counteroffer number two and send it back to the seller now because the buyer is accepting the fact that the washer and dryer are not staying with the property and that's different from the original offer that needs to be carried over into counteroffer number two then let's say the seller agrees to all of that then the seller signs it, and then you have a binding contract, so my point is two things my point is that you only have one signed counteroffer the successive counter offers that go back and forth between the parties are not included in the contract none of those are signed none of that is included so any terms that are agreed upon that are different from the purchase and sale but our greed upon in the countering negotiations those agreed-upon items different from the purchase and sale need to be carried through in each successive counter all you're going to get for the binding terms of the agreement is the final signed counteroffer which will be the only form signed by the buyer on the seller and the original purchase and sale agreement those successive counters in between do not count so if any of the agreed-upon terms are not included in that final counteroffer, and they're different from the original purchase and sale they are not going to be included in the final deal now signatures the buyer obviously will have signed the original purchase or sale agreement because they made the offer and both parties will have signed the final agreed-upon counteroffer the seller does not go back and sign the original purchase and sale agreement and here is why the counteroffer forms all reference a purchase and sale agreement so if you have a binding contract you have to party signatures on a counteroffer form it references a purchase and sale agreement so a third party person i.e. a judge knows to go back and look for another document that is being referenced if both parties signed the actual original purchase sale...
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