Writing Your First Offer: How to Do It Without Legal Headaches

This guide shows you how to craft investor-friendly offers that build trust, protect your downside, and move deals forward—without scaring off the seller.

Blogs

Apr 23, 2025

Crafting the right offer is one of the most important parts of working with motivated sellers. Get it wrong, and the deal stalls, or worse, disappears. Get it right, and you’re setting the stage for a fast, friendly close that benefits everyone.

But what exactly should go into your first offer?

This guide walks you step-by-step through the critical components of a professional, investor-friendly offer that builds credibility, protects your downside, and moves the deal forward without spooking the seller.

The Goal of the First Offer

Let’s be clear: the purpose of your first offer is not just to win the deal. It’s to:

  • Establish yourself as a serious, competent buyer

  • Set expectations around process and timelines

  • Clarify terms in writing to avoid misunderstandings

  • Create momentum toward closing

Even if the seller doesn’t accept immediately, a strong first offer makes it easier to negotiate adjustments and signals that you’re someone worth working with.

Should You Start With a Verbal or Written Offer?

It depends on the situation. Here’s how to choose:

Use a Verbal Offer First If:

  • The seller is still unsure or hasn’t fully committed

  • You haven’t seen the property in person

  • You’re far apart on price and want to test the waters

  • The lead came from cold outreach and trust is low

A verbal offer gives you flexibility and saves time. It also invites feedback: “Is that ballpark number even close to what you had in mind?”

Go Straight to Written If:

  • You’ve built rapport and completed your walkthrough

  • The seller says they’re ready to see something in writing

  • You’re confident your terms are strong and clear

  • You want to secure the deal and open escrow ASAP

A written offer makes it real. It’s the start of an official process, and often what moves the seller from “thinking about it” to “let’s do this.”

What to Include in Your First Written Offer

Here’s exactly what a clean, effective, investor-friendly offer should include. We’ll break it down into 10 essential components, with explanations and pro tips for each.

1. Purchase Price

The headline number. It’s tempting to lead with a lowball offer, but in most cases, you only get one shot at a first impression. Start with a number you can stand behind, one that reflects your exit strategy (flip, wholesale, rental) and includes your margin, but still shows respect for the seller’s situation.

Pro Tip: Include a line that positions this as a net offer (i.e., "We cover all closing costs") to make the number more appealing.

2. Closing Timeline

Motivated sellers often want speed, or at least certainty. Your offer should include:

  • A specific timeframe to close (e.g. “on or before 21 days from acceptance”)

  • Flexibility if they need more time (“closing date may be adjusted at seller’s request”)

This gives the seller clarity without locking you into unrealistic promises.

3. Earnest Money Deposit (EMD)

Your earnest money proves you’re serious. Typical ranges:

  • $100–$500 for wholesaling or entry-level deals

  • $1,000+ for competitive markets or larger properties

Specify:

  • The amount

  • Who holds it (title company, attorney, etc.)

  • When it’s due (usually within 24–72 hours of contract execution)

Pro Tip: Use refundable EMDs during your inspection period to reduce your risk if the deal falls apart.

4. Contingencies

Protect yourself without scaring off the seller. The most common:

  • Inspection contingency: Usually 5–10 business days to inspect the property and walk away if needed.

  • Title contingency: Allows cancellation if title can’t be cleared.

  • Financing contingency (if applicable): Not common for cash offers, but standard in retail contracts.

Make your contingencies clear and time-bound. Avoid open-ended language that makes the seller feel like you’re stalling.

5. As-Is Clause

Include a statement like:

“Buyer agrees to purchase the property in its current, as-is condition, with no repairs or warranties provided by the seller.”

This helps ease concerns from sellers who don’t want to fix anything. It also protects you from post-contract surprises.

6. Seller Concessions or Perks (Optional)

Sometimes a little sweetener helps. Consider offering:

  • To pay all closing costs (a common investor perk)

  • To let the seller leave behind unwanted items (“take what you want, leave the rest”)

  • To allow a post-closing occupancy period if needed (e.g., 3 days to move out)

These extras add perceived value without costing you much, and they remove friction.

7. Clear Title Requirement

Protect yourself by including a clause like:

“Purchase contingent upon seller delivering clear and marketable title.”

This puts the responsibility on the seller (and their title company or attorney) to resolve any liens or ownership issues before closing.

8. Assignment Clause (If Applicable)

If you’re wholesaling, your contract needs an assignment clause. Plain and simple:

“Buyer may assign this agreement to another entity without further consent from the seller.”

This keeps your options open to flip the contract for a fee. If the seller objects, be prepared to explain it or remove it for direct-to-close deals.

9. Expiration Date

Avoid leaving offers open-ended. Always include:

  • A deadline for the seller to accept (usually 24–48 hours)

  • Language like: “This offer shall expire unless accepted in writing by [date] at [time].”

This creates urgency without pressure. If they don’t respond in time, you’re free to walk, or re-engage with updated terms later.

10. Signatures and Contact Info

Include space for:

  • Full legal names

  • Signature lines and dates

  • Contact information for both parties

  • Optional: attorney/title company info if known

Make it easy for the seller to sign, whether that’s on paper, via DocuSign, or with a notary.

Sample Offer Structure (Quick Reference)

Here’s how your written offer might look, simplified:

  • Purchase Price: $95,000

  • Closing Date: On or before 21 days from acceptance

  • Earnest Money: $500, due within 48 hours of execution

  • Contingencies: 7-day inspection, clear title required

  • As-Is: Buyer accepts current condition, no repairs required

  • Closing Costs: Buyer pays all closing costs

  • Occupancy: Property to be vacant at time of closing

  • Assignment: Buyer may assign contract

  • Expiration: Offer expires at 5:00 PM on [date] unless accepted in writing

  • Signatures: Buyer and Seller lines with dates

Common Mistakes to Avoid in First Offers

Knowing what to include is one thing. Avoiding red flags is just as important.

Making an Offer Too Early

If the seller isn’t fully qualified or isn’t ready to sell, don’t rush into paperwork. Focus on rapport and motivation first.

Overcomplicating the Language

Avoid legal jargon or boilerplate language that confuses sellers. Use plain English, and offer to explain every line.

Missing Key Details

An incomplete offer signals disorganization. Always include:

  • Price

  • Terms

  • Contingencies

  • Timelines

  • Clear instructions

Being Too Aggressive

Don’t make your first offer feel like a threat. Avoid “take it or leave it” tones, and instead present the offer as a helpful next step.

FAQs About First Offers to Motivated Sellers

“Should I include pictures or comps with my offer?”

If it helps justify your price, yes. Especially in markets where the seller may not know what their property is really worth.

“What if they want too much?”

Start with a verbal discussion. If they’re way above your max offer, don’t send a written contract. Instead, educate them gently and follow up later when motivation increases.

“Can I negotiate after the inspection?”

Yes, but be strategic. Use specific repair findings to justify any price changes. Don’t just come back with a vague “I need a discount.”

Conclusion

Your first offer to a motivated seller isn’t just paperwork, it’s a message. It tells them:

  • You’re professional

  • You’re prepared

  • You’re here to help them move on, fast

By including the right terms, protecting both sides, and keeping things simple and transparent, you increase your chances of getting the deal done and earning referrals, repeat business, and long-term results.

The first offer sets the tone. Make it a good one.

Written By:

Austin Beveridge

Chief Operating Officer

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Discover

Join Thousands Of Satisfied Operators

Discover why top teams rely on Goliath to find motivated sellers. Get everything you need to prospect, nurture, and close more deals.

679

Live Users

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Closed Deals

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