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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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Hello Dana sparks broker of maximum one Greater Atlanta Realtors and this week's contract tip has to do with counteroffers so remember an 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 ie a judge knows to go back and look for another document that is being referenced if both parties signed the actual original purchase sale agreement...