There's nothing more frustrating to a ready, willing, and seemingly able buyer than to lose an offer to another buyer --- especially since the seller was not specific (down to the letter) about what he expected to receive.

Sure, there's the list price; but in today's fast-paced market, a buyer/ prospect may offer thousands more than the list price and STILL not be the lucky buyer who gets the property!

That's why sellers should be as specific as possible with buyers in what they want to receive and achieve in a successful offer.

Let's tackle the major elements the seller should be prepared to address with serious buyers. I suggest that sellers (or their real estate agent) prepare a “Suggested Contract Requirement” sheet to give to buyers, outlining what they expect in the following:

Loan pre-approval

By now, it should go without saying that buyers without loan pre-approval shouldn't be competing in the current market; but sadly, some are. That's why it's important for the seller to specify that buyers be pre-approved for loans ample enough to fund the purchase price, AND detail the type of loan and respective costs (if any) the seller would cover.

For example, a buyer might claim to be pre-approved for a mortgage of “x” amount. What she fails to disclose, however, is that it's Veteran's Administration (VA) financing and she expects the seller to cover her two discount points. On a $140,000 sales price (with zero down) that's a hefty $2,800 for the seller.

Or what about the buyer who claims to have “cash” coming to him to fund the purchase (often coming from proceeds of an estate or settlement of a law suit.) The buyer's funds are delayed. In order to close the sale, he must borrow the money, causing the seller a three-week delay in accessing his proceeds. Verifying the buyer's funding (which is tougher to do in a “cash” sale) is vital for sidestepping potential delays for the seller.

Earnest Money

In the old, slower school of home buying a decade or more ago, buyers would offer a meager amount of earnest money or even a post-dated check with the idea that they could always up the ante if need be. In today's market, more (rather than less) earnest money is advised in most situations. Not only does it subtly signify to the seller how financially motivated a buyer is, but can serve as a buyer's first (and often only) shot at a strong first impression to the seller.

By letting prospective buyers know (in writing on the “Suggested Contract Requirement” sheet) the minimum amount of earnest money the seller is seeking, it places a strong buyer on equal footing with competitors. It also gives a heads-up that if you want a stronger foothold with the seller in this area, exceeding the suggested minimum amount is certainly in order! If a buyer structures an offer to include minimal contingencies like obtaining financing in a certain amount and the property appraising for at least the sales price, etc., earnest money would be at little risk of loss.

And what about contingencies? Should a seller require that buyers make all offers free of positively all contingencies if they're serious about the property? Hardly. But keeping contingencies to a minimum (as we'll see in Part II of this article) definitely gives buyers an added advantage over their competition and results in a smoother sale for you as a seller.