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Sellers Handbook
Negotiation basics
It is important to not reply directly to a questioning of price during the home inspection. If a potential buyer asks if you will sell for "price x", politely inform them that you will "consider all reasonable offers in writing." Oral promises on the sale of real-estate are not legally enforceable.

So a written proposal in terms of a contract is needed, containing in addition to offer price all terms and conditions of purchase.
At a general level the offer should contain these points

  • The address and sometimes a legal description of the property.
  • Sale price.
  • Date for closing of the sale.
  • The terms. For example subject to obtaining a satisfactory structural report, pest report (such as termite infestation), or obtaining a mortgage for a given amount.
  • Sometimes other legal requirements which are specific to each state.
All subsequent counter-offers during the negotiation process are also best put in writing.

We recommend employing a solicitor or conveyancing officer to assist you with the legals of this process. Conveyancing law is complex and changing and mistakes in this area can cost you the sale.

For further tips on real estate and the private sale process view our feature articles.