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The Selling Process
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Offer Evaluation

The Formal Offer

Offers must be in writing, signed and dated by all buyers, and include the following:
  • Offer Price: how much you are agreeing to pay
  • Expiration Date: when the offer expires, if not accepted
  • Closing Date: when you can take ownership, including elimination of all contingencies
  • Deposit: the amount you will place into an escrow account to secure your offer (typically 5% - 10% of the offer price)
  • Contingencies (if any): such as mortgage financing and inspections
This is only an overview; how an actual Offer to Purchase is submitted and progresses through a transaction varies from state-to-state, and often from town-to-town.

Considering An Offer

Your listing agent will present offers to you. All terms of the offer should be considered, including the asking price, contingencies, local market dynamics, and your goals. In a soft market, you may see few offers, or offers significantly below your asking price. If homes are selling quickly, you may receive multiple offers near - or exceeding - your asking price. As a seller you are under no obligation to accept any offer, even those at or above the asking price, although you must review all offers submitted.
The seller has the following options when considering offers:
  • Accept the offer as proposed
  • Reject the offer and return the deposit
If you decide to counter-offer, negotiations will continue until all terms are agreed upon (or, because the original offer was not accepted as submitted, either party may withdraw from the negotiations, at which time the deposit should be returned). Until the offer is accepted, the buyer may withdraw the offer and you may entertain other offers. Once the offer is accepted, the home inspection process begins, after which the parties proceed to execute the purchase contract (typically within 5-10 days), and begin the  closing process.
Additional negotiations may ensue if inspections uncover unanticipated issues and costs. As these inspection findings would constitute a change to the terms as agreed upon, you have the right to refuse or accept any change requests.
[Note: verbal agreements regarding the sale of real estate are generally not enforceable, until agreed to in writing by all parties.]
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Listing data is derived in whole or in part from the Maine IDX & is for consumers' personal, noncommercial use only. Dimensions are approximate and not guaranteed. All data should be independently verified. © 2009 Maine Real Estate Information System, Inc. All Rights Reserved.