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An Offer Vs. a Contract

The words ‘offer' and ‘contract' are often interchanged or misused.

An ‘offer' is a demonstration by the buyer showing intent to purchase. An ‘offer' is made using a ‘Purchase Agreement'.

A ‘contract' is a legally enforceable document where both parties have signed and agree to abide by the points in the contract. Once both parties have signed the ‘Purchase Agreement', it becomes a ‘contract'.

When you make an ‘offer', the Seller can do 3 things:

•1. Accept it

•2. Decline it outright

•3. Counteroffer

If there is a counteroffer, it means that they agree to everything in the ‘offer' except for the changes outlined in the counteroffer. The most common counteroffer is price. As a result of a counteroffer, the Buyer may do one of 3 things:

•1. Accept it

•2. Decline it outright

•3. Counteroffer

In some states you have a grace period to change your mind and therefore legally get out of a contract. In New Mexico, once the Purchase Agreement is signed by all parties, it is an enforceable contract. There is NO grace period.

Another detail, New Mexico is a "Community Property" state. That means that if an individual owns property, their spouse automatically owns it too - - unless there is a "Sole and Separate" agreement signed.

Today's Saying: "The best way to cheer yourself is to try to cheer someone else up". - Twain

Linda Ferrara - Associate Broker

Coldwell Banker Enchantment Realty

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Cell: 575-519-9249

Posted Wednesday Jan 20