The Offer to Purchase

When a seller is presented with an agreement to sell real estate, the agreement is an Offer to Purchase. Too often a seller sees the price being offered and does not understand the requirements of the seller which are contained in the Agreement. Understanding those terms is important because once you accept the Offer, you create a binding agreement.


Many owners have mortgages or home equity lines of credit registered against their title to ensure repayment of monies borrowed. As a Seller’s Lawyer, he or she must ensure that mortgages or lines of credit are discharged from the title to your real estate and the lenders are repaid in a manner that clears your debt from your personal financial credit history.

Negotiation and Renegotiation

Recently, it has become more common for buyers to attempt to renegotiate the purchase price, after a firm Agreement of Purchase and Sale has been signed by all parties.

Sometimes this attempt at renegotiating is done because the Buyer cannot qualify for sufficient financing to cover the original purchase price. Other times, the Buyer is simply attempting to negotiate in bad faith to reduce the purchase price.

Each situation bears fact specific circumstances and will require advice and guidance by your Lawyer. If you become aware of a Buyer attempting to renegotiate the purchase price after entering a firm Agreement, you should contact your lawyer immediately to discuss how to appropriately take action.