Helpful Tips When Drafting Your Clients Offer
How can your attorney help draft your client’s offer?
Sellers like to see that the Buyers are motivated. Including your attorney’s information in the offer will show the seller that your Buyer has a team in place, prepared to proceed quickly.
Special Provisions & Considerations
Your attorney can also advise you on what to include or not to include in the special considerations paragraph of the standard realtor contract. Since you may find yourself drafting provisions here that affect the legal obligations of your client, you may want your attorney to sign off on them to avoid having to amend these provisions during attorney review. If the provision is something the seller relies upon when accepting your client’s offer, it may cause tension in the transaction to have to walk it back.
An example of this would be in you include language stating that the “buyer waives inspection.” This will almost certainly need to be changed in attorney review because waiving the right to make requests for repair or credit based on inspection results is very different from waiving the inspection itself. While a buyer may offer to waive their right to make requests, they should retain their right to perform the inspection and cancel if certain defects in the home are revealed.