Who Writes the Offer on a For Sale By Owner Listing?

💡 Quick Answer

In an FSBO listing, the buyer writes the offer. The seller’s role is to review the offer, negotiate terms, and decide whether to accept, counter, or reject it.

📌 Why FSBO Sellers Think They Have to Write the Offer

Many FSBO sellers assume that because they don’t have a listing agent, the responsibility for drafting the paperwork somehow shifts to them. This is one of the biggest misconceptions in FSBO sales.

In reality, writing the offer has always been the buyer’s responsibility — whether the home is listed with an agent or sold FSBO.

A seller without an agent does not become:

• A real estate attorney
• A contract drafter for the buyer
• Legally responsible for preparing the buyer’s paperwork

📌 Who Actually Writes the Offer in an FSBO Sale

Before acceptance, the offer is written by someone representing — or acting as — the buyer. This is typically:

• The buyer’s real estate agent (most common)
• The buyer’s real estate attorney
• The buyer themselves, using a state-approved purchase agreement
• A title company or attorney, in attorney-closing states

Even when the buyer is unrepresented, the buyer is still responsible for preparing and submitting their offer.

📌 Offer vs. Contract: Why the Distinction Matters

This confusion often comes down to terminology.

• An offer is a proposed set of terms submitted by the buyer
• A contract exists only after the seller accepts the offer

Until acceptance, there is no binding contract — only an offer under review.

Once both parties agree and sign, the offer becomes a legally binding purchase agreement.

📌 Contract Stages After an FSBO Offer Is Written

While the buyer writes the initial offer, a real estate agreement moves through several stages before closing. At each stage, the roles of the buyer and seller change.

1️⃣ Offer Submitted (Buyer-Driven)

The process begins when the buyer submits a written offer outlining price, contingencies, timelines, and other terms. This document is not yet a contract.

2️⃣ Counteroffers & Negotiations (Both Parties)

If the seller does not accept the offer as written, either party may propose changes through counteroffers. During this phase:

• The buyer and seller negotiate terms
• Edits are made to the same agreement document
• No party is “writing a new contract” from scratch

This back-and-forth continues until both sides agree on all terms.

3️⃣ Offer Accepted → Contract Formed

Once both parties agree and sign, the offer becomes a legally binding real estate contract.

4️⃣ Executory Period (Both Parties Perform)

After acceptance, the contract enters the executory stage — meaning the agreement is signed, but obligations are still being completed. Learn more:

• Executory Sales Contract
• Executory Period Explained

5️⃣ Ratified / Under Contract

At this point, the sale is commonly described as ratified or under contract. The buyer and seller are now bound to the agreed terms, subject to contingencies.

6️⃣ Executed Contract (Final Form)

When all conditions are met and the transaction is completed, the agreement becomes a fully executed sales contract.

At no stage is the seller required to draft the buyer’s offer — but both parties participate in negotiating and finalizing the terms through the life of the contract.

🏠 What the FSBO Seller Is Actually Responsible For

As an FSBO seller, your responsibilities are focused on decision-making — not drafting buyer paperwork.

• Reviewing the buyer’s offer
• Negotiating price, contingencies, and timelines
• Accepting, countering, or rejecting the offer
• Providing required disclosures
• Coordinating with the title or escrow company

You are never required to create the buyer’s offer from scratch.

📌 What If the Buyer Has No Agent?

Even if the buyer is unrepresented, the responsibility does not shift to the seller.

In this situation, buyers usually:

• Use a state-approved purchase agreement form
• Hire a real estate attorney to draft or review the offer
• Work with a title company to prepare documents

If you’re unsure how to proceed, a neutral third party — such as a real estate attorney — can help explain next steps. Learn more here:

• What Do Real Estate Attorneys Do?
• Do You Need a Real Estate Attorney?

📌 Summary

• In FSBO sales, the buyer writes the offer
• The seller reviews and negotiates — not drafts
• An offer becomes a contract only after acceptance
• Unrepresented buyers still handle their own offer
• FSBO sellers are not expected to provide legal drafting

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