Module 5 - Writing Offers (Needs Review)

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FOUNDATION OF REAL ESTATE SUCCESS

WELCOME

The Purpose of the

Foundations

of Real Estate Success Program

As a John L. Scott broker, you're part of one of the most respected, productive, and professional real estate networks in the industry

Every day, you’re faced with important decisions that shape the success of your business. The Foundations of Real Estate Success program is here to guide you through those early steps. This resource is designed to support your growth, offering foundational tools, strategies, and insights to help you build a thriving real estate career

Please keep in mind: Foundations of Real Estate Success is meant to be a reference guide its suggestions are key elements of your real estate education and professional development

Confidential

For Use by John L Scott Brokers Only These materials are the confidential property of John L Scott Real Estate They are provided as internal resources and may contain proprietary information and trade secrets. In the event your affiliation with John L. Scott ends, all materials must be returned to the company immediately.

Trademarks and Regulations

When communicating your affiliation with John L Scott Real Estate whether in person, online, or through marketing materials please refer to the John L Scott Brand Standards Guide to ensure proper and consistent use of our name, logo, and other brand assets.

If you're engaging in cold calling, be sure to comply with all applicable regulations, including the National Do Not Call Registry and any relevant state-specific registries Additionally, federal and state laws prohibit calling consumers before 8 a.m. or after 9 p.m., so be mindful of the appropriate timing when making outreach calls.

Disclaimer

This publication is intended to provide general information on the topics discussed and is for educational purposes only. It is provided with the understanding that neither the author nor John L Scott Real Estate is offering legal, accounting, or other professional advice

If legal or professional assistance is needed, please consult with a qualified expert. While every effort has been made to ensure the accuracy and usefulness of this material, no guarantee can be made regarding its proper application, and John L Scott Real Estate assumes no liability for its use or interpretation

WRITING OFFERS

Writing an offer on behalf of your buyer client and guiding them through the Sale Agreement is a foundational responsibility in our role as real estate brokers While the Sale Agreement is a legal document, it’s important to remember that we are not attorneys Fortunately, the Northwest Multiple Listing Service (NWMLS) works closely with legal professionals to develop and maintain these forms on our behalf, allowing us to focus on the business and transactional details that matter most to our clients.

Preparing to Write the Offer

Before you begin writing an offer, it's essential to gather key background information to help your client make an informed decision about their prospective purchase This preparation not only strengthens the offer but also builds your value as a trusted advisor

Property Information

Start by collecting data from public records and other reliable sources This may include:

Property history and tax records

Utility details, zoning, or easements

A Comparative Market Analysis (CMA) to help your buyer determine a strong offer price

Note: If the property type is not a traditional single-family residence (e.g., commercial, multi-family, vacant land, rural property, or condominium), please consult your Office Manager or involve a Veteran Broker to ensure proper handling and transaction support

Communication with the Listing Broker

Gather critical information directly from the listing broker, including:

Availability: Confirm whether the property is still active and accepting offers.

Competing Offers: Ask if there are other offers received or anticipated If so, inquire about the seller’s deadline and strategy for handling multiple offers (eg, “highest and best,” counter-offers, or back-up positions)

Disclosures: Request any pre-inspections, seller disclosures, or reports available for buyer review Financing Considerations: Ask if there are any known issues that may impact financing (eg, unpermitted structures or required repairs)

Sale History: If the property was previously under contract but fell through, find out why (eg, inspection issues, financing failure, or appraisal discrepancies)

Seller’s Closing Needs: Identify any timing preferences or restrictions from the seller’s side This could include coordination with a new home purchase, occupancy requirements post-close, or flexibility for a fast closing in the case of a cash offer

By taking the time to gather these details upfront, you’ll be better equipped to write a strong, wellinformed offer that positions your client for success while upholding the professionalism and high standards we value at John L Scott Real Estate

ESSENTIAL PRE-OFFER CONSIDERATIONS: INFORMATION TO GATHER BEFORE WRITING

As you prepare to write an offer on behalf of your buyer, it’s important to gather detailed information from both the listing side and the buyer’s lender This ensures a smoother transaction, minimizes surprises, and positions your client for success.

Questions to Ask the Listing Broker

Digging deeper with the listing broker can uncover important factors that may influence the negotiation process or timeline Consider asking:

Decision-Making Parties: Are there any additional individuals involved in the seller’s decision (e.g., family members, attorneys, courts)?

Seller Availability: Are there any challenges that could delay the seller’s response to an offer? (eg, seller resides out of state, is traveling, has limited tech access, or must be contacted separately due to estrangement)

Seller Name on Contract: How should the seller’s name be legally listed on the Sale Agreement?

Personal Property & Fixtures: Are there any items, such as appliances, lighting, or yard features, that are of particular importance to the seller and not intended to convey with the sale?

Additional Disclosures: Is there anything else the buyer should be made aware of before submitting an offer?

Information to Gather from the Buyer’s Lender

When financing is involved, partnering closely with the buyer’s lender is crucial Share a copy of the MLS printout with the lender it includes the property address and tax information needed for the pre-approval letter and monthly payment estimates.

Make sure to confirm the following details:

Loan Type: What type of financing is the buyer using? (Conventional, FHA, VA, USDA, or a specific lender program)

Down Payment: What percentage of the purchase price will the buyer be putting down?

Closing Cost Assistance: Will the buyer request the seller to contribute toward closing costs? If so, how much is permitted under the loan program?

Flood Insurance: Will flood insurance be required for this property?

Estimated Closing Timeline: How much time does the lender anticipate is needed to close post-acceptance? Standard closings typically take 45–60 days, but specialized loan types (eg, USDA or FHA 203k) may require 90+ days

Source of Funds: Will the down payment include funds that require documentation (eg, gift funds, 401k withdrawal, grant assistance)?

Buyer’s Legal Name: Confirm the correct spelling and formatting of the buyer’s legal name for use on both the Sale Agreement and title documents

By gathering and verifying this information ahead of time, you will not only demonstrate your professionalism and expertise, but also provide a seamless and confident experience for your client hallmarks of the John L Scott Real Estate standard

PREPARING TO WRITE AND PRESENT AN OFFER

Consistency is key when it comes to paperwork. It’s considered best practice to ensure the buyer’s name is listed identically across all documents this includes the Purchase & Sale Agreement, loan application, and escrow paperwork Confirming the correct legal spelling and formatting at the outset can prevent delays and unnecessary complications later in the transaction

Preapproval Letter

Request a property-specific and price-specific preapproval letter from the buyer’s lender to include with the offer. If the offer price changes during negotiations, be sure to have the letter updated accordingly.

Buyer Information Needed Before the Offer Appointment

While many of the offer details will be finalized during your in-office appointment with the buyer, gathering some essential information beforehand will make the process more efficient Before meeting to write the offer, you should collect:

Initial Offer Price

Prioritized Personal Property Wish List

(Ask the buyer to prioritize their requests this makes it easier to negotiate and identify what’s most important to them)

Preferred Closing and Possession Timeline

Any Specific Constraints

(eg, buyer’s comfort-level max price, timing related to a lease, or other financial limitations)

Buyer Availability & Communication Access

(Are there limitations due to work, travel, or technology? Can they access email, scan documents, or take phone calls during the negotiation window?)

Once you have this information and your buyer is prepared, you’re ready to move forward with completing the Purchase & Sale Agreement and accompanying forms.

Presenting the Offer: Strategy and Mindset

The ultimate goal of presenting an offer is to reach mutual acceptance This happens when a qualified, motivated buyer meets a motivated seller

If your buyer wants to submit an offer that may seem low to the seller, ask thoughtful questions to understand their rationale Remind them that while a seller may respond with a counteroffer, a lowball offer can also be perceived as offensive resulting in an outright rejection

If the buyer is not emotionally invested and simply looking for a “deal,” acknowledge that This insight allows you to shift your strategy and tailor your property search accordingly Bargain-driven buyers may offer other seller incentives, such as a larger down payment, waived repairs, or a quicker close Knowing this helps you present their offer in a way that emphasizes those strengths

On the other hand, most buyers are searching for a place to call home With that comes a heightened emotional investment which can also bring stress, anxiety, and urgency As their trusted broker, it’s your role to remain calm and professional, guiding them through the highs and lows of the offer process

Before presenting the offer, explain to your buyer exactly how you’ll advocate for them Transparency builds trust, and preparation builds confidence for both you and your client

PRESENTING AN OFFER IN-PERSON

In some cases, you may have the opportunity to schedule a presentation appointment with the listing broker and the sellers This can be a powerful moment to introduce your buyers beyond the paperwork Use this time to highlight why your clients feel this is the right home for them and to share key qualifications that support their ability to close successfully Be concise, professional, and focused on facts that support the strength of the offer.

Buyer "Love Letters"

Some buyers may wish to include a personal letter with their offer. If your client chooses this route, it’s critical to educate them about the risks involved. Due to Fair Housing Laws, any personal details such as familial status, race, religion, or other protected class information should be avoided.

If a letter is submitted, encourage your buyer to keep it neutral and focus on property-related details only (eg, “I love the garden layout,” or “We appreciate how well the home has been maintained”) However, it's often best to advise your buyer to strengthen their offer terms rather than include a letter that could unintentionally introduce legal risk to all parties involved

Industry Technology Tools

While not developed by John L Scott, the following Northwest MLS tools are fully supported and used throughout our office to help facilitate a smooth transaction process:

Transaction Desk (NWMLS): Our platform for drafting, managing, and organizing real estate forms and documents

Authentisign (NWMLS): The secure e-signature platform integrated with Transaction Desk for obtaining client signatures quickly and efficiently

We offer training and support on these tools to ensure our brokers are equipped to navigate every step of the transaction confidently and professionally

TECHNOLOGY TOOL TO STRENGTHEN YOUR BUSINESS

First.io

Unlock hidden opportunities within your own database. First.io uses AI-powered “Seller Stars” to help you identify potential sellers in your network keeping you ten steps ahead of the competition. The mobile app is designed to streamline your outreach, so you're always engaging with the right people at the right time

Engage CRM Suite

Engage is a powerful platform for managing your business It allows you to organize your contacts, schedule tasks, manage your deal pipeline, send email campaigns, and even maintain your personalized John L Scott website all in one place It’s a comprehensive tool for building and maintaining strong client relationships

AFTER MUTUAL ACCEPTANCE

Once you reach mutual acceptance, timing and communication become critical. Here’s what to do next:

Final Signatures & Communication

If there’s a counteroffer, notify the other broker immediately once your client accepts Promptly send the executed agreement to the other broker and their office

Submit all documents to SkySlope for compliance.

Ensure your buyer deposits earnest money with the designated escrow company. Typically, the listing broker opens escrow and confirms that the file is in order

Use the appropriate addendum to remove contingencies and send copies to all parties, including escrow.

Buyer-Side Follow-Up Checklist

Schedule buyer-paid inspections (e.g., home, septic, sewer, well).

Review all disclosure forms with your client; obtain acknowledgments.

Communicate with the buyer’s lender to verify appraisal timing

Review the Preliminary Title Report with the buyer

Go over all inspection findings and timelines carefully.

If needed, renegotiate terms based on the results.

Stay in regular contact with the escrow officer to ensure a smooth close

Key Forms & Concepts to Know

Buyer Agency Agreement (Exclusive Buyer Representation)

Listing Agreement (Exclusive Seller Representation)

Limited Dual Agency Agreement (When representing both parties if applicable)

Understand the distinction between a pre-qualified and a pre-approved buyer. Pre-approval carries greater weight in negotiations and timelines

BUYER’S BROKER REQUIRED DOCUMENTS

As the buyer’s broker, you are responsible for gathering and submitting the following documents when preparing and presenting an offer:

Residential Real Estate Purchase & Sale Agreement

Copy of Earnest Money Check or Escrow Deposit Receipt

Pre-Approval or Qualification Letter from the buyer’s lender

Blank Addendum and any Seller’s Counter-Offer Forms, ready for potential negotiations

Essential Washington Real Estate Forms

Be familiar with these standard Washington State forms:

Agency Law Pamphlet (Form P-1) – Must be provided to clients as required by state law

Purchase & Sale Agreement (Form 21) – Standard NWMLS residential transaction form

Forms Provided to the Buyer by the Seller

These disclosures and notices are typically provided by the listing broker/seller:

Federal Lead-Based Paint Disclosure (Form 22J) – Required for homes built prior to 1978

Seller’s Disclosure Statement – Form 17 – Required under Washington law for most residential transactions

Final Reminders

✔ I know which lender I will contact to confirm the buyer’s financing details ✔ I know how to review public records for potential red flags that may impact the buyer’s decision

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