This Counter Offer for a Real Estate Offer document is a counter offer to an offer to
purchase real estate. This is the sellers response, accepting the offer but with the
exceptions of changed or additional terms. Use this document if you are the seller of
real estate or a house for purposes such as changing the price, the amount of deposit,
the terms, and many other customizable features.
COUNTER OFFER TO OFFER TO PURCHASE REAL
This Counter Offer (“Counter Offer”) is made on this _____ day of ____, _____ in response
to the Offer to Purchase Real Estate (“Offer”) dated _____________ regarding the property
owned by __________ (“Seller”) located at:
__________________________________________ [ADDRESS OR LEGAL
DESCRIPTION] (“Premises”) and made by ____________ (“Buyer”)
As regards to the Offer, dated _____________, ____ [DATE OF ORIGINAL OFFER],
Seller accepts same in material form, with the additional modifications and provisions set
ADDITIONAL COUNTEROFFER PROVISIONS
The gross purchase price shall be _________________ [AMOUNT IN WORDS] dollars
($________) [AMOUNT IN NUMERALS].
The legal description of the Premises subject to the Counter Offer is: _______
The purchase price shall be paid as follows: ________ [AMOUNT IN WORDS] dollars
($______) [AMOUNT IN NUMERALS] to be tendered at closing.
Buyer shall assume and agree to pay the following existing mortgages upon the Premises:
DESCRIPTION(S) OF EXISTING MORTGAGE(S)]. The unpaid principal balance of these
mortgages shall be credited towards the purchase price.
At least _____ (____) business days before closing, Seller shall provide to Buyer estoppel
letters setting forth the balance(s), assumability, and current good standing of the above
Buyer shall execute a new Purchase Money Mortgage to Seller in the principal amount of
________ [AMOUNT IN WORDS] dollars ($______) [AMOUNT IN NUMERALS]
payable with interest at the rate of _______ [AMOUNT IN WORDS] percent (__%
[AMOUNT IN NUMERALS]) as follows: ___________________.
Said Purchase Money Mortgage shall have _______________________ [ORIGINAL
NUMBER (e.g., second)] priority over ____________________.
This Offer is conditioned upon Buyer obtaining approval, at least ____ (__) days prior to
closing of this transaction, on a mortgage loan with the following terms:
Principal amount: ________ [AMOUNT IN WORDS] dollars ($______)
[AMOUNT IN NUMERALS]
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Loan term: ____________ [NUMBER OF PAYMENTS]
Maximum interest: ____ percent
Maximum points to
be paid by Buyer: ________ [AMOUNT IN WORDS] (______)
[AMOUNT IN NUMERALS]
application fee: ________ [AMOUNT IN WORDS] dollars ($______)
[AMOUNT IN NUMERALS]
Buyer shall execute a mortgage loan application within ___ (__) working days of acceptance
of this Counteroffer, and, should the Buyer’s loan application be denied, Buyer shall have the
option, within ___ (__) business days, to rescind the transaction. If Buyer elects to rescind
the transaction, Buyer shall receive back from Seller any deposits paid by Buyer to Seller.
The closing will be held within ____ (__) days of the tender of Buyer acceptance of this
Counteroffer to Seller, but in no event in less than ____ (__) days from the date upon which
this Counteroffer was received by Buyer. Seller shall convey to Buyer the Premises
described herein by warranty deed, and the title thereto shall be merchantable. Within ____
(__) days of acceptance of this Counteroffer, Seller shall obtain a binder for title insurance in
the principal amount of the purchase price. The title shall be free and clear of any
encumbrances other than those, if any, to be assumed by Buyer at closing. Should any
defects in the title exist at closing, Seller shall have ____ days to cure same. If Seller is
unable to do so, Buyer shall have the option of closing or rescinding this Counteroffer.
Should Buyer rescind, Seller shall refund, as liquidated damages, and not a penalty, the funds
paid by Buyer for the option to Buyer.
Buyer may, at its own expense, obtain a current survey of the Premises. Should the survey
indicate encroachments, Seller shall remedy same within ____ (__) days. Should Seller fail
to remedy such encroachments, Buyer shall have the option of closing or rescinding this
Counteroffer. Should Buyer rescind, Seller shall refund to Buyer, as liquidated damages, and
not a penalty, the funds paid by Buyer for the option to Buyer.
Seller shall maintain the Premises and all improvements thereon in the same condition as that
existing on the