Shirley - Hi......if you look up, you will see this question was asked in Oct., 2008 - hopefully by now Helen has found and moved into a home!!

Helen,
As you can see from my fellow agents, you can make even an inital verbal offer. But, let me ask you: Why wouldnt you want to do it in writing? Look at it from the seller's point of view... if even you believe your initial offer is too low to be accepted and dont want to spend the time signing an offer form, what would make the seller feel any different. So, even if it's presented, most sellers do not take a verbal offer seriously. Subsequent counters could be verbal, but again there's nothing like having all the details in writing to show to the seller!

Helen, as you have seen there are many opinions on this. I would agree that while it is best to have offers in writing and beyond that, (in contract form with earnest money and mortgage approval docs); this isnt always the case. I have heard from other agents that they would not present anything less than full contract etc. The NAR code of ethics however states that we should "submit all offers and counter offers objectively and as quickly as possible". Hence the dilemma. I often use offers to purchase such as William describes. The consideration given by the other agent is typically based upon my cover letter describing my clients, why the short form has been used and my professional reputation. In order to keep that reputation there may be times when I will not allow my client to make verbal offers/counters. (such as when they want to make multiple offers on multiple properties or I suspect them of working with multiple agents) As previously stated though the time and effort that goes into making an offer is looked at by sellers as a guage to the seriousness and quality of the buyer.

I do not present a seller with an offer from anyone unless it's in writing. It is not required by law, but as already stated, it's not a contract. A verbal offer is not usually viewed as a serious offer.

Helen, even though the proper way to submit an offer should be in writing with buyers' signatures and afterwards with initials as the numbers change, quiet a few agents prefer to do the negotiating verbally until both parties agree on the final number. I suppose, they prefer a clean contract.

Helen: There are two forms of written offer in NJ. The first is a simple, one-page document that outlines "maybe" kind of offer. It is not binding and is a trial balloon. The second type is a full BINDING contract, subject to all the terms and conditions noted. Most often, if counters are made, they are verbal until a meeting of the minds occurs, when the final agreement is re-written, or some items on the original are modified and then initialed. Counting starts from the delivery of this document. Can you make a first offer verbally? Sure. Will it be worth the paper it isn't written on? No. The first question that will arise is, "Who IS this person?

My Advice: Work with a REALTOR and follow standard procedures or risk being dismissed, or worse, risk being liable for things that you for which you don't wish to be liable.

Hi Helen, an offer that are in writing, supported with a credit approval for the full mortgage amount, will be taken seriously - a verbal offer can serve as a sort of "test balloon" but nothing more. You also asked about counter offers - I find that once a written offer is presented negotiations back and forth are often verbal, with the final agreement documented and initialed by the buyers so that the seller is signing off on final terms.

Hope this has been helpful.

Best,
Jeannie Feenick
Search and connect at http://www.feenick.com

All offers should be made in writing, or they aren't valid offers.

Sharon Kozinn

Only an offer in writing is enforceable and/or considered a contract. Verball offers arent worth anything and dont bind anyone..

Agents in NJ are not obligated to transmit any offer that is not in writing.

Joan Prout, MBA
Broker Associate
RE/MAX Villa REALTORS
306 Grove Street
Jersey City, NJ 07302
201-946-2700 x310
800-671-0596 x1 (direct)
Joan@JoanProut.com