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Content Overview

In the realm of real estate transactions, negotiation plays a crucial role, and the Tennessee Counter Offer form serves as a vital tool for both buyers and sellers. This form allows one party to respond to an existing offer with specific modifications, ensuring that their interests are clearly articulated. Whether a seller wishes to amend the terms or a buyer wants to propose new conditions, this document facilitates that communication. Key elements include the identification of the parties involved, the original offer date, and a detailed section for outlining exceptions or changes to the initial agreement. Importantly, it stipulates that all other terms from the original Purchase and Sale Agreement remain intact unless explicitly altered in the counter offer. Furthermore, the Counter Offer form emphasizes that the property remains on the market until all parties have accepted the terms, underscoring the dynamic nature of real estate negotiations. A time limit for acceptance is also included, ensuring that the offer remains timely and relevant. Understanding the nuances of this form can empower individuals to navigate the complexities of real estate transactions with confidence.

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Copyright 2010 © Tennessee Association of Realtors
®
F8 Counter Offer, Page 1 of 1 Version 2/01/2014
COUNTER OFFER #__________
This is a Counter Offer from Seller to Buyer OR Buyer to Seller 1
The undersigned agree to and accept the Purchase and Sale Agreement with an offer date of _______________ for the 2
purchase of real property commonly known as: 3
____________________________________________________________________________________________________ 4
Address, City, State, Zip 5
With the following exceptions: 6
____________________________________________________________________________________________________ 7
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ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL ATTACHED PURCHASE AND SALE 23
AGREEMENT ARE ACCEPTABLE TO THE UNDERSIGNED. ALL TERMS AND CONDITIONS PROPOSED 24
IN PREVIOUS COUNTER OFFERS, IF ANY, ARE NOT INCLUDED IN THIS COUNTER OFFER UNLESS 25
RESTATED HEREIN. 26
This Counter Offer form will not be a part of the Purchase and Sale Agreement and be binding until accepted and 27
signed by all parties. 28
Until notice of acceptance is delivered the subject Property is still on the market for sale, and this offer may be revoked at
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any time with notice, and the Property may be sold to any other party. 30
Time Limit of Offer: This Offer may be withdrawn at any time before acceptance with notice. Offer terminates if not 31
accepted by __________ o’clock am/ pm, local time, on the _________ day of ______________________, __________. 32
_____________________________________________ _____________________________________________
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Seller/Buyer (Party making counter offer) DATE Seller/Buyer (Party making counter offer) DATE
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The undersigned has received and
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ACCEPTED this offer
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REJECTED this offer
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COUNTERED this offer with Counter Offer #_________
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__________ o’clock am/ pm; this _______ day of ____________________, ____________.
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_____________________________________________ _____________________________________________
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Seller/Buyer (Responding Party) Seller/Buyer (Responding Party)
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Binding Agreement Date. This instrument shall become a “Binding Agreement” on the date (“Binding Agreement Date”) 43
the last offeror, or licensee of offeror, receives notice of offeree’s acceptance. Notice of acceptance of the final offer was 44
received on the _______ day of __________________, ______, at ___________ by ________________________________. 45
time name 46
NOTE: This form is provided by TAR to its members for their use in real estate transactions and is to be used as is. By downloading and/or using this form,
you agree and covenant not to alter, amend, or edit said form or its contents except as where provided in the blank fields, and agree and acknowledge that
any such alteration, amendment or edit of said form is done at your own risk. Use of the TAR logo in conjunction with any form other than standardized
forms created by TAR is strictly prohibited. This form is subject to periodic revision and it is the responsibility of the member to use the most recent
available form.

Form Specifications

Fact Name Description
Purpose The Tn Counter Offer form is used to propose changes to an existing Purchase and Sale Agreement between a buyer and seller.
Parties Involved The form can be completed by either the seller or the buyer, indicating who is making the counter offer.
Exceptions It allows parties to list exceptions to the original agreement, clarifying what changes are being proposed.
Binding Agreement The agreement becomes binding only when all parties accept and sign the counter offer.
Revocation The offer can be revoked at any time before acceptance, keeping the property available for sale.
Time Limit The counter offer includes a specific time limit for acceptance, after which it will terminate.
Acceptance Options The responding party can accept, reject, or counter the offer, with each option requiring a signature.
Governing Law The form is governed by the laws of the State of Tennessee, specifically related to real estate transactions.
Usage Guidelines This form is provided by the Tennessee Association of Realtors and should not be altered except in designated fields.

Tn Counter Offer: Usage Guidelines

Once the Tn Counter Offer form is completed, it will be ready for submission to the other party involved in the transaction. This form serves as a means to communicate changes or conditions regarding the original offer. Below are the steps to accurately fill out the form.

  1. Begin by entering the Counter Offer number in the designated space at the top of the form.
  2. Select whether the counter offer is from the Seller to the Buyer or from the Buyer to the Seller by checking the appropriate box.
  3. Fill in the date of the original Purchase and Sale Agreement in the space provided.
  4. Provide the address of the real property being discussed, including the city, state, and zip code.
  5. List any exceptions to the original offer in the section labeled "with the following exceptions." Use additional lines if necessary.
  6. Confirm that all other terms and conditions of the original Purchase and Sale Agreement are acceptable by checking the appropriate box.
  7. Note that any previous counter offers are not included unless restated in this form.
  8. Specify the time limit for the offer by filling in the date and time by which the offer must be accepted.
  9. Sign and date the form where indicated for the party making the counter offer.
  10. Once the counter offer is received, the responding party must indicate their acceptance, rejection, or countering of the offer in the designated area.
  11. Have the responding party sign and date the form as well.
  12. Finally, fill in the Binding Agreement Date, noting when the last offeror receives notice of acceptance.

Your Questions, Answered

What is the purpose of the TN Counter Offer form?

The TN Counter Offer form is used in real estate transactions to propose changes to an existing offer. It allows either the seller or the buyer to accept the original terms while also specifying exceptions or modifications. This form serves as a way to communicate the new terms to the other party, facilitating negotiations.

Who can use the TN Counter Offer form?

This form can be utilized by both buyers and sellers involved in a real estate transaction. The party making the counter offer will indicate whether they are the seller or the buyer on the form. It is important that both parties understand the terms being proposed to ensure a smooth negotiation process.

What happens if the counter offer is accepted?

If the counter offer is accepted, it becomes a binding agreement once both parties sign it. The acceptance must be communicated clearly, and the date and time of acceptance should be noted on the form. Until acceptance is confirmed, the property remains on the market, and the original offer can be revoked.

Can the counter offer be revoked?

Yes, the counter offer can be revoked at any time before it is accepted. The party making the counter offer must provide notice of the revocation. This means that until the other party signs and accepts the counter offer, the property is still available for sale to other potential buyers.

What is the time limit for the counter offer?

The TN Counter Offer form includes a section where the party making the offer can specify a time limit for acceptance. If the counter offer is not accepted by the designated time, it automatically terminates. This time limit helps to encourage prompt responses and keeps the negotiation process moving forward.

Are previous counter offers included in the new counter offer?

No, previous counter offers are not included unless they are restated in the new counter offer. The form clearly states that all terms proposed in earlier counter offers are excluded unless explicitly mentioned. This ensures that both parties are aware of the current terms without confusion from past negotiations.

What should I do if I receive a counter offer?

Upon receiving a counter offer, the responding party has three options: they can accept the offer, reject it, or counter it again. It’s crucial to carefully review the terms and conditions outlined in the counter offer before making a decision. The response should be documented on the form to maintain clarity in the negotiation process.

Common mistakes

  1. Not specifying the correct party: Ensure you clearly indicate whether the counter offer is from the seller to the buyer or vice versa. This can lead to confusion if not stated correctly.

  2. Leaving the offer date blank: Always fill in the offer date. A missing date can create uncertainty about when the offer was made.

  3. Ignoring exceptions: If there are specific exceptions to the agreement, list them clearly. Omitting this information can lead to misunderstandings later.

  4. Failing to include prior terms: If there were terms from previous counter offers that are still relevant, make sure to restate them in the new counter offer.

  5. Not signing and dating: Both parties must sign and date the counter offer. Without signatures, the document is not valid.

  6. Missing the time limit: Clearly state the time limit for acceptance. Leaving this blank can create issues if the offer is not accepted in a timely manner.

  7. Neglecting to confirm acceptance: The responding party should indicate whether they accept, reject, or counter the offer. This helps clarify their position.

  8. Forgetting to provide notice of acceptance: Make sure to document when the acceptance of the final offer was received. This is crucial for establishing a binding agreement.

  9. Using outdated forms: Always check that you are using the most recent version of the counter offer form. Using an outdated form can lead to compliance issues.

Documents used along the form

When engaging in real estate transactions, various forms and documents may accompany the TN Counter Offer form. Each of these documents serves a specific purpose in facilitating communication and agreement between parties. Below is a list of commonly used forms that may be relevant.

  • Purchase and Sale Agreement: This document outlines the terms and conditions under which a property is to be sold. It includes details such as the purchase price, closing date, and any contingencies that must be met.
  • Seller Disclosure Statement: The seller provides this document to disclose known issues or defects related to the property. It is intended to inform the buyer about the property's condition and any potential concerns.
  • Property Inspection Report: This report is generated by a professional inspector and details the condition of the property. It may highlight areas that require repairs or maintenance, influencing the buyer's decision.
  • Financing Addendum: This addendum outlines the terms of financing for the purchase, including loan type, interest rates, and any conditions related to the buyer's ability to secure funding.
  • Appraisal Report: An appraisal report provides an independent assessment of the property's value. This document is often required by lenders to ensure the property's worth aligns with the sale price.
  • Lead-Based Paint Disclosure: If the property was built before 1978, this disclosure informs buyers about the potential risks of lead-based paint. It is a legal requirement for properties in this age category.
  • Title Report: This document provides information about the property's ownership history and any liens or encumbrances that may affect the sale. It is crucial for ensuring clear title transfer.
  • Closing Statement: This document summarizes the financial aspects of the transaction at closing. It details the final costs and disbursements, ensuring both parties understand their financial obligations.

Understanding these documents can help ensure a smoother transaction process. Each form plays a vital role in protecting the interests of both buyers and sellers. It is advisable to review each document carefully and seek assistance if needed.

Similar forms

The Tennessee Counter Offer form serves a specific purpose in real estate transactions, and it shares similarities with several other documents commonly used in the buying and selling process. Here are four documents that are similar to the Tennessee Counter Offer form, along with explanations of how they relate to one another:

  • Purchase Agreement: This document outlines the initial terms and conditions agreed upon by the buyer and seller regarding the sale of the property. Like the Counter Offer form, it establishes the framework for the transaction but typically includes more comprehensive details about the sale, such as the purchase price and contingencies.
  • Letter of Intent: A Letter of Intent (LOI) is often used to express a party's interest in entering into a formal agreement. It is similar to the Counter Offer in that it can outline specific terms and conditions that one party proposes to another. However, an LOI is usually non-binding and serves as a preliminary step before drafting a formal contract.
  • Amendment Agreement: An Amendment Agreement modifies the terms of an existing contract. Similar to the Counter Offer form, it allows parties to negotiate changes to the original agreement. However, the Amendment Agreement is used after the initial agreement has been signed, while the Counter Offer is part of the negotiation process before the final acceptance.
  • Termination Notice: A Termination Notice informs the other party that a previously agreed-upon contract will not be executed or will be canceled. This document can be seen as a counterpart to the Counter Offer, as both involve communication about the status of an agreement. While the Counter Offer proposes new terms, the Termination Notice ends the negotiation process.

Dos and Don'ts

When filling out the TN Counter Offer form, there are several important considerations to keep in mind. Here’s a list of things you should and shouldn't do to ensure a smooth process.

  • Do clearly state whether the counter offer is from the seller to the buyer or vice versa. This sets the context for the agreement.
  • Do fill in all required fields, including the offer date and property details. Incomplete forms can lead to confusion.
  • Do specify any exceptions to the original offer. This is crucial for clarity on what terms are being modified.
  • Do ensure that all parties sign and date the form. Signatures indicate agreement and commitment.
  • Don't include terms from previous counter offers unless they are explicitly restated. This prevents misunderstandings.
  • Don't alter the form in any way outside of the provided fields. Changes can invalidate the document.
  • Don't forget to specify the time limit for the offer. This is important for establishing urgency and clarity.

Misconceptions

Misconceptions about the Tn Counter Offer form can lead to confusion during real estate transactions. Here are nine common misunderstandings:

  1. This form is automatically binding. Many believe that the Counter Offer form is binding as soon as it is filled out. In reality, it only becomes binding once all parties have signed and accepted it.
  2. Counter offers can include previous terms. Some think that previous terms from earlier offers are automatically included. However, this form states that all terms from prior counter offers are excluded unless restated.
  3. Acceptance is immediate. There is a misconception that acceptance of a counter offer is instantaneous. Acceptance must be delivered, and until then, the property remains on the market.
  4. Any changes are allowed. Users may believe they can make any changes to the form. The form must be used as provided, without alterations, except in designated blank fields.
  5. Time limits are flexible. Some assume that the time limits for acceptance can be ignored. The offer explicitly states a termination time, and if not accepted by then, it becomes void.
  6. The form is only for buyers. A common belief is that only buyers can use this form. In fact, it can be used by either the seller or buyer to make a counter offer.
  7. It’s only for residential properties. Many think this form applies solely to residential real estate. It can be used for any type of real property, not just residential.
  8. All parties must sign at the same time. Some believe that all signatures must be collected simultaneously. In truth, parties can sign at different times, as long as the acceptance is communicated.
  9. It guarantees the sale of the property. There is a misconception that submitting a counter offer guarantees the property will be sold. The seller can still accept other offers until the counter offer is accepted.

Understanding these misconceptions can help facilitate smoother negotiations and transactions in real estate.

Key takeaways

When dealing with the Tennessee Counter Offer form, there are several important aspects to keep in mind. Understanding these key takeaways can help ensure a smooth negotiation process.

  • Identify the Parties: Clearly indicate whether the counter offer is from the seller to the buyer or vice versa. This sets the stage for the negotiation.
  • Specify the Property: Provide a complete description of the property, including the address, city, state, and zip code. This detail avoids any confusion about which property is being discussed.
  • List Exceptions: Use the designated section to outline any exceptions to the original offer. This is crucial for clarifying what changes are being proposed.
  • Understand Binding Terms: The counter offer does not become binding until all parties have signed it. Until then, the property remains on the market.
  • Set a Time Limit: Clearly state the deadline for acceptance. This helps all parties stay on track and ensures timely responses.

By keeping these points in mind, you can navigate the counter offer process with confidence and clarity.