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Real Estate Offer with Disclosures

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REAL ESTATE OFFER WITH DISCLOSURES

This Real Estate Offer ("Offer") is submitted on by the undersigned Buyer to the undersigned Seller for the purchase of the property described below on the terms set forth herein. Time is of the essence for all dates and deadlines set forth in this Offer.

PARTIES

PROPERTY IDENTIFICATION

Property Address:

OFFER TERMS

Purchase Price (USD): $ payable as follows:

Deposit Payable To / Escrow Holder: within days of mutual acceptance.

Financing Contingency: Yes No

Inspection Period: Buyer shall have days after mutual acceptance to complete inspections. Seller shall permit reasonable access for inspections.

Closing Date (anticipated): . Possession to be delivered on unless otherwise agreed in writing.

DISCLOSURES

The Seller discloses the following conditions to the best of Seller's knowledge. Buyer acknowledges receipt of Seller disclosures and the right to review further documentation where applicable.

CONTINGENCIES AND CONDITIONS

Title Review: Buyer may review title commitment and object to title matters within days after receipt. Seller shall have the right to cure permitted exceptions.

Appraisal Contingency: Yes No If yes, Buyer may terminate or negotiate adjustments if appraisal is below purchase price.

Survey / Boundary Review: Yes No

DEFAULT, REMEDIES, AND COSTS

In the event of Buyer's default, Seller shall be entitled to retain earnest money as liquidated damages unless otherwise agreed. In the event of Seller's default, Buyer may pursue specific performance or return of deposit and may recover reasonable costs and attorneys' fees as determined by a court of competent jurisdiction where permitted by law.

Closing costs and prorations: Standard closing costs and prorations shall be allocated according to custom in the jurisdiction of the Property unless otherwise expressly agreed in writing below.

GOVERNING LAW & MISCELLANEOUS

Governing Law: This Offer and any resulting agreement shall be governed by the laws of the state in which the Property is located.

Entire Agreement: This Offer, if accepted, together with any countersignature and attached addenda, constitutes the entire agreement between Buyer and Seller and supersedes all prior negotiations and agreements, whether written or oral. No amendment is effective unless in writing and signed by both parties.

Time of the essence: Time is of the essence with respect to all dates and deadlines contained in this Offer.

OFFER EXPIRATION AND ACCEPTANCE

This Offer shall expire if not accepted in writing by Seller on or before at local time, unless extended in writing by Buyer.

Acceptance must be delivered in writing and signed by Seller. Acceptance becomes effective upon delivery to Buyer or Buyer's agent.

ADDITIONAL PROVISIONS / ADDENDA

SIGNATURES

Buyer Printed Name:

By (Signature):

Date:

Seller Printed Name:

By (Signature):

Date:

Enter text✕

What the Real Estate Offer with Disclosures Is and When It’s Used

A Real Estate Offer with Disclosures is a written proposal from a buyer to a seller that sets purchase terms and includes legally required property disclosures about condition, defects, hazards, and other material facts. It combines the offer to purchase (price, contingencies, deposit, closing date) with statutory or locally required disclosure forms so that the seller and buyer see the same information when negotiating. These combined documents are commonly used in residential and small multi-family transactions to speed negotiation and reduce later disputes about nondisclosed conditions or statutory omissions under state disclosure laws.

Why a Combined Offer with Disclosures Matters

Including disclosures with the offer clarifies material facts early, reduces the need for later amendments, and helps both parties assess risk before binding commitments. It supports transparent negotiation and can reduce closing delays caused by post-acceptance discovery of undisclosed issues.

Why a Combined Offer with Disclosures Matters

Who Typically Prepares and Signs This Document

Accurate completion protects all parties: sellers meet disclosure duties under state law while buyers gain the information needed to make informed decisions.

  • Buyers: Review disclosures, verify facts, and propose contingencies in the offer.
  • Sellers: Complete statutory disclosure forms accurately and attach to the offer.
  • Agents/Brokers: Prepare forms, confirm delivery, and advise clients on legal obligations.

Core Parts of a Professional Real Estate Offer with Disclosures

A clear offer package groups essential contractual terms, disclosure statements, and attachments so reviewers can locate price, contingencies, property condition, and timelines without cross-referencing multiple documents.

Offer Terms

Purchase price, earnest money, closing date, possession date, financing contingencies, and any seller concessions.

Property Disclosures

State-required disclosure forms (material defects, lead-based paint, floodplain, environmental hazards) completed by the seller and attached to the offer.

Contingencies

Inspection, financing, appraisal, and title review contingencies with explicit cure or termination deadlines.

Exhibits

Maps, plats, seller-provided reports, HOA documents, and any addenda referenced by the offer.

Signature Blocks

Designated signer names, dates, and signature lines for buyer(s), seller(s), and broker acknowledgments.

Delivery Terms

How notices and acceptances must be delivered, including email, e-signature portal, or in-person methods.

Step-by-Step: Completing and Submitting the Offer Package

Follow these sequential steps to prepare a compliant offer with disclosures and avoid common processing delays.

  • 01
    Prepare Documents: Gather the signed offer, disclosure forms, and any exhibits for attachment.
  • 02
    Verify Names: Confirm legal names match title and ID documents before sending.
  • 03
    Set Deadlines: Specify inspection, financing, and acceptance deadlines in MM/DD/YYYY format.
  • 04
    Deliver to Parties: Send the complete package to seller and listing broker via agreed delivery method.

Typical Workflow from Offer Drafting to Acceptance

A reliable workflow reduces negotiation friction and tracks each action from submission through acceptance or rejection.

  • Draft: Buyer’s agent prepares offer and attaches required statutory disclosures.
  • Send: Package is delivered to seller or seller’s agent using agreed method.
  • Review: Seller reviews offer, consultations occur, and counteroffers or acceptances are prepared.
  • Execute: Signatures are collected and the accepted agreement is dated and retained by all parties.

Digital Workflow Settings to Use When Sending the Offer

Configure your e-delivery system to capture signatures, timestamps, and required disclosures consistently.

Field Configuration
Authentication Use email plus SMS code for signer verification when available
Required Fields Mark signature, date, and acknowledgement fields as mandatory
Attachments Attach disclosure PDFs and exhibit files before sending
Audit Trail Enable complete logging of IP, timestamp, and actions

Digital Signing and File Format Considerations

Choose a solution that preserves a tamper-evident PDF and exports a certificate of completion for recordkeeping.

  • File formats: PDF, DOCX supported
  • Authentication: Email, SMS, or stronger KBA where required
  • Integrations: Works with CRM and cloud storage

Common Deadlines and Timing Expectations

Timelines in the offer control inspections, financing, and closing; use calendar dates to avoid ambiguity.

Inspection Period:

Specify number of days or fixed MM/DD/YYYY date for completion

Financing Contingency:

State a clear deadline for loan approval or waiver

Earnest Money:

Define date by which deposit must be delivered

Acceptance Deadline:

Provide written acceptance cutoff in MM/DD/YYYY format

Closing Date:

Use exact calendar date to set possession and transfer timing

Common Mistakes to Avoid When Preparing the Offer Package

  • Incomplete disclosures or leaving required state fields blank, which can expose the seller to statutory liability and allow buyer rescission.
  • Using ambiguous dates or relative timeframes like 'within a reasonable period' instead of exact MM/DD/YYYY deadlines.
  • Mismatched names between offer, title, and identification documents that delay closing and complicate escrow instructions.
  • Failing to attach all exhibits and HOA documents referenced in the offer, causing parties to dispute contract inclusions later.

Legal and Financial Risks of Inaccurate or Missing Disclosures

Buyer Remedies: Rescission possible
Seller Liability: Statutory damages possible
Closing Delays: Title defects increase costs
Insurance Issues: Claims denial risk
Escrow Disputes: Escrow holdbacks possible
Recordkeeping Failure: Evidence gaps at dispute time

Sample eSignature Vendor Comparison for Managing Offers and Disclosures

This vendor comparison lists common decision criteria for eSignature solutions used to send, sign, and retain offer packages.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of Offers with Disclosures

Two condensed examples illustrate common outcomes when disclosures are included with the offer.

Residential Purchase

Buyer submits offer with full seller disclosure

  • Inspection contingency triggers minor repairs
  • Acceptance completed after seller credits repair cost and both parties sign an amendment to close.

Investment Property

Investor includes environmental disclosure and HOA documents

  • Appraisal contingency required lender approval
  • Offer is countered, negotiation focuses on remedial credits and closing timing.

Frequently Asked Questions About Offers with Disclosures

Answers to common practical and legal questions encountered when drafting, sending, and executing offers with disclosures.


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