write offers get accepted real estate

REtipster does not provide legal advice. The information in this article can be impacted by regional legislation and other unique variables. Always consult with a qualified legal professional before taking action.


Probably the most important tool I have in my offer-making arsenal consists of three pages:

  1. Cover Letter (1 page)
  2. Purchase Contract (1 page)
  3. Follow Up Letter (1 page)

Why have these three documents been so important? It’s pretty simple.

Simplicity Is King

When I’m dealing directly with the owner of a property, it is imperative to be concise, succinct, and to-the-point about what I’m proposing to them.

The reality is that 99% of the people you’ll be making offers to are not real estate professionals. They aren’t trained to scrutinize a contract and understand the ins and outs of the “legalese” in painstaking detail. The average boilerplate contract can be very confusing and complicated.  If you’ve ever wondered why some lawyers are able to charge $500+ an hour to interpret these documents for the average person… it’s because they’re overly complicated to begin with.

For example, take a look at this page below and tell me what comes to mind:

MichiganPA1

When I see a document like this (along with the 23 pages behind it), my mind starts shutting down.

It’s overwhelming, it’s intimidating, and especially if you aren’t familiar with the contract (I suspect 99.99% of the population fits into this category)… who knows what mysterious, complicated, or even threatening clauses could be buried in here??

Clarity and Simplicity Matter – A Lot!

I remember one specific instance years ago (before I got wise to this issue) when I literally lost a deal because my purchase agreement was too confusing.

The seller had already verbally agreement to my offer price on the phone, but when they saw my LONG purchase contract with all kinds of added buyer protections included in it (most of which weren’t even necessary), the seller got spooked, backed out of the deal and sold it to someone else!

All of this could have been avoided if I’d used the template I’m about to show you.

Explain It So A Child Can Understand

These days, I make every effort to communicate my offers in a simple, seamless, idiot-proof manner (think middle school reading level).

After making hundreds of offers to people over the years, I’ve learned that if a property owner doesn’t understand my intentions, it will make them uncomfortable.

To avoid exposing their own incompetence – many of them will just walk away and look for someone else who is going to make the process easier. This is an area where many real estate investors miss out on opportunities.

When a seller sees page after page of mind-numbing legal jargon, they will get confused, and a confused mind says “No”.

This is an opportunity for YOU to jump in and seize these deals, and I’ll show you how to do make your offers simple, easy to understand, and easy for people to say “Yes!”

Cover Letter

It all starts with making a good first impression.

A cover letter (Page 1 of 3) is a vital component of your “offer package” because it explains all of the pertinent details of your proposal in terms that anybody with an 8th-grade education should be able to understand.

A good cover letter should give a high-level overview of why the offer is being sent, what costs are involved, and why the recipient should seriously consider accepting the offer. This is a nice way of holding their hand and gently nudging them in the direction of saying “Yes” to your proposal.

(Note: This example below doesn’t contain the exact verbiage of my Cover Letter, but if you want more information on the specific words that I use, you can get my word-for-word template at the bottom of this blog post)

Cover Letter1

A simple, one-page cover letter is crucial to explaining all the basic details of your offer. It will help the average person see past any confusion they might have – regardless of what your purchase contract looks like.

RELATED: How Much Should You Offer For That Property?

Purchase Contract

In my days as a banker, I’ve seen Purchase Contracts in excess of 50 pages (I’m not kidding). Depending on the complexity of the deal, which attorneys are involved, and several other factors – a purchase agreement can be a ridiculously complicated document. This may make sense for a multi-million dollar commercial real estate transaction… but the truth is, that’s almost never what I’m dealing with.

In most cases, I’m going after some pretty modest deals and my offers are going to include terms that are very simple:

  • There is no financing involved.
  • It’s a cash sale.
  • I am buying the property AS-IS (accepting any/all pre-existing issues)
  • The property owner has anywhere from 1 – 10 days to accept the offer.
  • The deal needs to be closed within 30 days (in most cases).
  • I am allowed to back out of the transaction at any time if the seller fails to disclose something to me.

That’s pretty much it.

So what does this kind of contract look like? Here’s a basic outline (note: you can get a copy of my actual contract at the bottom of this blog post):

Purchase Contract4

If you’re making offers that are this basic, you don’t need to include paragraph after paragraph of legal “fluff” that has nothing to do with your offer.

A 1-Page Contract is Significantly Less Intimidating for the Recipient.

File Stack and Magnifying GlassThink about it – what goes through your mind when you start thumbing through a 12-page contract vs. a 1-page contract? Which one causes you to ask more questions? Which one causes your subconscious defense mechanisms to kick in? Which one causes your mind to go numb with confusion?

When I designed my contract, I wanted to include ONLY the most essential items that actually mattered in the real estate transaction. My goal was to keep out the bulk of the confusing terminology because it only served to cloud the minds of my average recipient.

If you’ve ever looked through one of these “standard” purchase agreements, you may have noticed that most of the language is completely inapplicable to your specific offer.

Why? Because the whole point of these “standard” contracts is to include as much boilerplate language as possible – so that the contract will apply to as many different kinds of deals as possible. Of course, this is great for real estate agents (because they don’t need to re-create the wheel with every deal they close), but it usually doesn’t serve your purposes very well – especially when you’re trying to steer clear of confusion and keep your offer as simple as possible.

RELATED: How to Avoid the Guilt Trip When Sending Low Offers

What About Wholesaling? Is This Contract “Assignable”?

YES.

I was sure to include section “9. Assignment” in this contract, which contains the necessary language to make this purchase contract fully assignable. This means I have the ability to use it for wholesaling if/when I need to (aka – selling the contract to a third-party buyer without ever taking ownership of the property myself). It’s a nice feature to have and I’ve been able to use it on several occasions by assigning this type of contract to other investors when I don’t want the hassle or liability of owning it myself.

Follow Up Letter

If, for some reason, the seller doesn’t respond to my written offer (either they get cold feet, or they somehow didn’t receive my original purchase agreement), the “Follow Up Letter” is my last attempt at catching some of those sellers who may be on the fence about selling their property to me.

If you’re making offers the way I am, there are inevitably going to be some purchase agreements that just don’t get accepted. Finding amazing deals is a numbers game, so when people don’t respond (or respond negatively) – rather than just ignoring them and moving on, a simple letter like this allows me to keep the doors of communication open with the property owner.

This is our last chance to figure out why the seller didn’t accept the initial offer and whether there is any chance we can come together and agree on a mutually acceptable sale price.

Here’s an example of how you could put this kind of letter together (note: if you want a copy of my exact follow-up letter, it comes along with the Contract Package at the bottom of this blog post):

Follow Up Letter

In my experience, this letter has resulted in deals getting closed about 20% of the time (when the discussion would have otherwise just been finished).

It’s not always effective, and it’s not always worth doing (e.g. – if there’s a deal you made an offer on, but you aren’t necessarily crazy about in the first place), but if you really want to chase down a property owner on a great potential opportunity, it’s usually worth the extra effort to follow-up with people. You just never know when this kind of extra communication will motivate a person to keep their mind open about accepting your offer.

RELATED: The Only 3 Things You Need To Make An Offer (It’s Easier Than You Think!)

ProTip: Use Electronic Signatures

If you establish a line of communication with the other party via email, you could easily take this purchase agreement, upload it to a digital signature service and allow the other party to execute the agreement from their phone or computer.

This video explains how it works…

There are several services that can help you with this. The one I currently use is DocuSign, and it’s pretty great!

What Should Your Contract Say?

As you can see, the examples above are meant to show you the format of my letters and contract, but not the exact wording. I do this for a couple of reasons:

1. You may very well be a better writer than me and I don’t want to imply that my letters are the most persuasive pieces ever written. I’ve had a lot of success with them, but there are all kinds of directions you can go when composing this kind of written communication, so don’t be afraid to get creative and test some of your own writing out (and if you start getting a higher rate of acceptance – let me know, will ya?!)

2. I’m not an attorney and this post shouldn’t be construed as legal advice. I paid one of my local attorneys to create the contract that I use and in my experience, it has been widely accepted by closing agents all over the United States (probably because of how basic it is – without reference to any state-specific items).

A purchase contract doesn’t have to be wildly confusing. The terms of my offers are always very simple and as a result, my contract doesn’t need to include all the extra, pointless, legal boilerplate that doesn’t even apply to the projects I’m working on.

I’m willing to bet that if you work with your attorney to create a contract that is clean, concise and to-the-point, you might just find yourself with a few more acceptances that you’re accustomed to. It will probably cost at least a few hundred bucks, but if that’s what you need to do to take your offers to the next level, what are you waiting for?? We’re talking about a HUGE upside potential for more revenue here!

Want to Use My Letters and Contract?

Like I said before, if you want to take the information shown above and develop your own Cover Letter, Purchase Contract and Follow Up Letter – go for it!

It may cost a few hundred dollars and take some time to refine your documentation… but I have no doubt that you are fully capable of creating your own versions of these forms and taking your business to the next level. It’s not difficult, but it does take a bit of time and mental energy.

On the other hand, if you’d rather cut to the chase and get started using the exact templates I use – you are more than welcome to get immediate access to my versions of these documents below (note: this package also comes with a short video tutorial explaining all the technical details about how to fill out this contract correctly).

Whatever you decide to do – I appreciate you taking the time to check out this blog post and I wish you all the best as you continue to send out offers. Keep up the great work!

Note: When you sign up as a REtipster Email Subscriber, I’ll send you an instant $20 off “Discount Code” for this item, and if you enroll in the REtipster Club, you’ll get access to this item for FREE. There’s no pressure of course – just want to make sure you’re aware.

RELATED: YES! My Offer Was Accepted! Now What??

About the author

Seth Williams is the Founder of REtipster.com - an online community that offers real-world guidance for real estate investors.

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