Receiving an offer is the goal when listing your home for sale. Potential buyers will draw up an offer in the form of a buyer-signed contract with their desired terms. The price is perhaps the most essential component of the offer; other negotiable terms include closing date, earnest money, attorney/inspection timing, tax proration and financing details. I help you navigate the negotiation process with the end goal of reaching full agreement on all terms which results in an accepted offer.
Once we have an accepted offer, both parties initial and sign the offer which results in an executed contract. The buyer then turns in initial earnest money which is held by an escrow agent (generally, my Engel & Völkers Chicago office). The attorney review and inspection periods run concurrently and begin the day after full execution of the contract. This is when the buyer will conduct a home inspection and any other inspections needed to educate themselves on your home’s condition.
The buyer shares the results of the inspection with their attorney and discusses any concerns and potential items for credit and/or repair. The buyer’s attorney then sends out a formal letter (called an attorney modification letter) requesting any modifications to the contract deemed necessary by the buyer’s attorney and also any credit/repair requests to remedy inspection findings. Your attorney will consult with you and send a response letter. There are generally at least a few (and sometimes several) letters back and forth between the attorneys until all details of the transaction are finalized.
Once full agreement is reached, the attorneys “sign off” on the final, accepted attorney modification letter and the review period is considered closed. At this point, the buyer deposits an additional sum of money called the balance earnest money. It is held in the same escrow account as the initial earnest money and held until the closing.
If the buyer has a mortgage contingency, additional documents and an appraisal are processed by their lender. Once everything has been approved, the lender issues a full approval of the mortgage and a “clear to close.” A final walk through of the property by the buyer takes place just before closing and then the closing takes place at a title company designated by the seller’s attorney.