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Attorney Annie Fitzsimmons answers questions for Washington State Realtors in a weekly newsletter.

As a rule, in most contracts, any offer can be withdrawn until it is accepted by the other party. In a Purchase and Sale offer where the parties have choosen to use Form 35 Inspection, and Form 35R Inspection Response, can either party withdraw their offer during the 3 day (unless changed) period while waiting for the other party's response? Wording in Form 35 states that "[a]ll requests, responses and replies made in accordance with the following procedures are irrevocable for the time period provided."

So, the answer is no. A seeming exception to the general rule.

If the buyer waives the inspection or terminates the sale based on the inspection, no response is required.

The above is not legal advice. All cases have specific issues that should be reviewed by an attorney.

Time is of the essence

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alarmclock.jpgRecently in my office I listened to a story about a Buyer who had just missed out on the house they wanted to call home.  How?  They waited several days after the home came on the market and by the time they wrote their offer, someone else had beat them to the punch.  I think in today's market it is easy to over-strategize or get lackadaisical and forget one of the fundamental rules in real estate: "time is of the essence".

Even in today's slower paced market if you identify the home that fits you and your family, you still must move quickly.  If you are interested in a house, there is a chance that someone else may be too.  Often in today's market people hesitate to write an offer immediately because they do not want to pay full price.  I understand that.  However, if it is a home you really want, I would suggest writing your offer immediately.  Simply make the offer that you feel is appropriate for the home.  At a minimum, it shows the Seller your interest and raises the likelihood that you will be involved in negotiations on the home, even if there is another offer. 

If you decide to hold off on your offer and are willing to take the risk of losing the home to another offer, be sure that it is over a dollar value that you can live with if you lose the home.  If you are buying the home for the long term (as you should be) maybe a $10,000 to $20,000 reduction in price is not as important as getting the house that feels like home.

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