Although some listing agents or brokerages may ask for a custom offer submission form to be filled out, most listing agents won’t force the issue.
The Offer Form in NYC Real Estate (2025)
Go Back To Previous PageIn New York, offers to purchase real estate come in various formats, depending on the brokerage firm. Additionally, it is pretty uncommon to see formal offer-to-purchase forms used,
particularly in New York City. In practice, most offers are typically submitted directly by potential buyers or their agents via email to the listing agent or the seller. Let’s discuss the Offer Form in NYC Real Estate for real estate transactions.
How Do You Make an Offer to Purchase Real Estate in NYC?
In New York City, buyers usually make offers to purchase real estate through their real estate agents, known as buyer’s agents.
The buyer’s agent typically submits the offer letter on behalf of the client via email to the listing agent or the seller’s agent.
Although buyers generally make serious written offers and send them via email, it’s quite rare for a standardized real estate offer form to be used. Instead, buyers’ agents usually send an email to the listing agent that includes the basic terms of the offer in the body of the email.
We don’t recommend making low-ball offers; it’s usually a waste of time.
They also attach a mortgage pre-approval letter and a REBNY Financial Statement.
What constitutes a complete offer submission?
A complete offer submission typically includes the following items to answer any questions:
- Contact details: Full legal name(s) of the buyer(s)
- Full address of the property being targeted for purchase
- The offer amount for purchasing the property
- The anticipated amount of the buyer’s down payment
- Any home buyer contingencies are to be negotiated in the contract, if applicable
- Specific inclusions or exclusions of furniture, fixtures, etc.
- Preferred closing date, if applicable
- A brief biography or professional profile of the home buyer
- REBNY Financial Statement (attached)
- Loan pre-approval letter (attached), if financing is involved
- Contact information for the buyer’s attorney
- Buyer’s debt-to-income ratio and anticipated post-closing liquidity, if purchasing a co-op
This organized list clarifies the essential elements needed in an offer submission.
Is There a Standard Real Estate Offer Form in NY?
In New York, and particularly in New York City, there is no standard real estate offer form. Most buyer’s agents simply submit an offer on behalf of their clients via email, often without using any specific offer submission form. They include sale price, contingencies, need for a home inspection, percentage of earnest money deposit, etc.
While some brokerages may provide their own version of an offer submission form and encourage buyers to complete it, many listing agents will not insist on this and will accept offers sent via email. However, any email offer must include all relevant details and necessary attachments, as previously discussed.
If a listing agent pressures you to complete a submission form, remember that you should never sign anything, as real estate offers in NYC are not legally binding.
Is a Real Estate Counteroffer Form Necessary?
It is unnecessary to use a submit offer form for your initial offer, and even less necessary to complete such a form for each counteroffer you make. It is exceedingly rare for a listing agent to insist on a submission form for every counteroffer.
This not only consumes a lot of time but could also discourage meticulous buyers in a buyer’s market, ultimately harming a seller’s chances of selling their property.
Typically, real estate sellers make counteroffers via email and express them in brief one-sentence replies to the buyer agent’s initial offer submission email.
Offer to Purchase Real Estate Template for New York
As we discussed earlier, you may encounter different versions of the sample offer to purchase real estate template, depending on the brokerage firm. Below is a sample offer to purchase form that you might encounter in Brooklyn, New York.
Remember, it’s important to refrain from signing anything during the offer negotiation stage. Only sign the official purchase contract when you feel fully prepared and have received guidance from your attorney.
REBNY Financial Statement
The REBNY Financial Statement is typically included with any offer in New York City and details the buyer’s assets, liabilities, income, and other financial information. Compiling this statement can take some time, as you will need to present a comprehensive overview of your financial situation.
Home sellers often review the REBNY Financial Statement as part of the offer process.
Mortgage Pre-Approval, Pre-Qualification Letter, or Proof of Funds
Don’t let your dream property sit on the market while you wait for your bank. Before you start your property search, obtain a mortgage pre-approval or pre-qualification letter. If you plan to pay in cash, proof of funds will suffice.
Real Estate Attorney
Having an experienced real estate attorney can greatly ease what can often be a stressful process. The good news is that most real estate attorneys charge a flat fee once the deal is completed, rather than billing by the hour.
Don’t hesitate to ask questions, as you won’t incur extra costs for doing so! If you haven’t found an attorney yet, real estate agents can provide excellent recommendations.
In New York, attorneys—not real estate agents—generally prepare and negotiate purchase contracts, whether in Manhattan or Buffalo. Knowing the purpose of each document will enable you to guide your clients through the process with confidence.
Contract of Sale (Purchase Contract)
This document is crucial. Once both parties sign the sale agreement, you are “in contract,” making the deal legally binding. Leaving at this stage constitutes a breach of contract.
In New York, the buyer’s attorney usually drafts the purchase agreement after an offer is accepted. Both attorneys negotiate the details before finalizing them.
The contract specifies everything: the property’s legal description, agreed price, payment method, closing date, contingencies (such as financing and inspections), and procedures if issues arise.
Most residential contracts include a three-business-day attorney review period, during which either side’s attorney can request amendments or cancel the contract. After this period, both parties are bound.
Generally, the buyer deposits a down payment—often 10% of the purchase price—which is held in escrow by the seller’s attorney until closing.
Conclusion
In NYC’s real estate market, the offer form marks the beginning of the transaction. It is a one-page document, usually provided by the real estate broker, that details the price the buyer is willing to pay and includes basic terms such as the property address, the parties involved, and any conditions.
Typical conditions listed might include mortgage requirements, inspection agreements (such as engineering or termite inspections), and any personal property included in the sale.
It’s key to understand that the offer form is not legally binding; it serves as an initial proposal for negotiations. Once the seller accepts or counters, attorneys step in to draft the official sales contract.
Written By: Georges Benoliel
Georges has been working in Wall Street for the last 16 years trading derivatives with hedge funds. He has been an active real estate investor for over a decade. Georges graduated from HEC Business School in Paris and holds a master in Finance from ESADE Barcelona.