Offer Review Checklist

Offer Intake & Completeness Check

    Record the date and time the offer arrived, the buyer's agent name and brokerage, and the cooperating-broker MLS ID. Time-stamp matters for multiple-offer scenarios — sellers and licensing boards both expect a clean audit trail.

    Names on the offer, pre-approval letter, and EMD check should all match. Mismatches (a co-buyer added on the offer but not the pre-approval, an LLC on the offer but a personal pre-approval) are common and surface late if not caught now.

    Walk every page of the contract, addenda, and disclosures. Missing initials on the lead-based paint addendum, the agency disclosure, or a state-mandated rider will bounce the file at broker review.

    Note the earnest money amount, who holds it (listing broker trust, buyer broker trust, or title), and the deposit deadline. Most states require deposit within 3 business days of acceptance — a late deposit is a license-law violation, not just a paperwork issue.

Price & Financing Review

    Pull comps from the last 90 days in Cloud CMA or RPR. The CMA you ran at listing intake is stale — market velocity, new pendings, and recent closings shift the supportable appraised value. The seller will ask whether the price will appraise; have a defensible answer.

    Note the lender, loan officer, loan type, expiration of the pre-approval, and whether it's a pre-qualification (soft) or full pre-approval (DU/LP-run). FHA and VA carry property-condition requirements that can blow up at appraisal; price that risk into the seller's evaluation.

    Cash offer means a recent (within 30 days) bank or brokerage statement showing liquid funds at or above the purchase price. Screenshots and letters of intent are not proof of funds. If the property sits in a FinCEN GTO jurisdiction, flag the all-cash status to the title company at contract.

    Calculate net proceeds: purchase price minus mortgage payoff, prorated taxes, HOA dues, transfer tax, title insurance (where seller-paid), commissions, requested concessions, and estimated closing costs. The seller's decision is driven by the net number, not the headline price.

    Read the escalation clause cap, increment, and proof-of-competing-offer language carefully. Appraisal-gap coverage states the buyer's commitment to bring cash if the home appraises low — note the dollar cap. These clauses are where buyers' agents hide their leverage.

Contingencies & Timelines

    Note the calendar days for inspection completion and objection delivery. A 5-day window favors the seller; a 14-day window with broad objection rights does not. Calendar both deadlines into the TC's transaction-management system at acceptance with 2-day buffer reminders.

    A waived appraisal contingency is materially different from a contingency capped at $X gap coverage. Note who orders the appraisal, the deadline for completion, and the buyer's remedies if value comes in low.

    Pre-approval is conditional; clear-to-close is the real milestone. Note the financing contingency expiration date and treat it as separate from loan commitment. Letting closing slip past contingency expiration without a written extension exposes the seller's position.

    A buyer who must sell their current home to close adds significant risk and timeline uncertainty. Look for the contingency itself and any 72-hour kick-out clause that lets the seller continue marketing.

    Look up the buyer's home in the MLS: is it active, under contract, or not yet listed? An unlisted home behind a home-sale contingency is a near-automatic counter or rejection. An under-contract home with cleared contingencies is workable.

Closing Terms & Concessions

    Sellers planning a move-up, a relocation, or a 1031 exchange have hard date constraints. A 21-day close on a financed deal is aggressive — confirm the lender can deliver before the seller commits.

    Concessions toward closing costs, rate buydowns, or a home warranty come straight off the seller's net. Loan-program caps apply: conventional owner-occupied is typically 3-9% by down-payment tier; FHA caps at 6%; VA has its own structure. Concessions above program caps will be cut at underwriting.

    Pre-inspection credit requests baked into the offer signal a buyer setting up for a second bite at inspection. Note the credit amount, what it's for, and whether it's offered as a price reduction or seller-paid credit (the latter affects loan-program caps).

Inclusions & Special Provisions

    Walk the inclusion list against the MLS listing and any items the seller flagged as exclusions (a chandelier, a mounted TV, the patio furniture). Mismatches between the MLS and the offer cause walkthrough disputes — surface them before the seller signs.

    If the seller needs to stay past closing, confirm the daily rate, security deposit, insurance responsibility, and the cap on days. Owner-occupancy lender requirements limit rent-backs on financed deals to 60 days in most cases.

    Post-NAR-settlement, buyer-agent compensation is negotiated outside the MLS. The offer (or a separate compensation agreement) should state what the buyer is asking the seller to pay the buyer's broker. Confirm the number matches what was discussed and what the seller agreed to in the listing agreement.

Compliance & Seller Presentation

    Confirm agency disclosure, seller's property disclosure acknowledgment, lead-based paint disclosure (homes built pre-1978), and any state-specific riders are signed and initialed. Missing disclosures are the most common reason files fail broker review.

    Upload the executed offer, addenda, pre-approval, proof of funds, and EMD verification to Dotloop, SkySlope, or your brokerage's transaction-management platform. The TC needs a single source of truth before the seller meeting.

    Walk the seller through the net sheet, loan strength, contingency posture, and timeline. In a multiple-offer scenario, present a side-by-side comparison rather than each offer in isolation. Capture the seller's decision in writing the same day.

    Use the state-promulgated counter-offer form. Specify the response deadline (typically 24-48 hours), every term being changed (price, EMD, contingency windows, closing date, concessions), and confirm the seller signs before transmittal. Verbal counters are not enforceable.

    Send the executed acceptance, counter, or rejection through the same channel the offer arrived (email plus DocuSign or Dotloop). Note time of delivery — the response clock for the buyer starts at receipt, not at signing.

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