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Counter offer (rco)
1.
PRDS® COUNTER OFFER
No. # Revision Date 10/05 Print Date 10/05 EQUAL HOUSING OPPORTUNITY www.prdsforms.com 1/1/2013 This Counter Offer (“Counter Offer”) is made to the proposed Real Estate Purchase Contract (“Contract”), dated ___________________ (or Buyer 1 Buyer 2 to Counter Offer No.___________), between _______________________________________________________________ (“Buyer”) Seller 1 Seller 2 and _____________________________________________________________________________________________________ (“Seller”), ### Property Address relating to _______________________________________________________________________________________________________ , City Santa Clara City of _______________________________________, County of ___________________________________, CA (“Property”). The maker (Buyer or Seller) of this Counter Offer accepts the above-referenced Contract (or, if indicated, counter offer), subject to the additional terms set forth below. All parties signing this document affirm that they have read its terms and have received a copy thereof. [NOTE: Seller has the right to entertain, and to accept, other offers at any time prior to actual contract formation herein, occasioned by delivery and personal receipt of executed documents.] 1. As to any agreed modification of overall purchase price, the down payment, deposit and loan amounts shall be adjusted proportionally, except as otherwise agreed in writing. 2. IMPORTANT: If either the contractual ARBITRATION CLAUSE or the LIQUIDATED DAMAGES CLAUSE is NOT INITIALED BY ALL PARTIES HERETO, that particular clause is EXPRESSLY DELETED FROM THIS CONTRACT. 3. The following addenda are made part of this Counter Offer: “AS IS”; Sale of Buyer’s Property; Seller Locating Replacement Property; Seller Occupancy After Sale; PRDS Seller and Other Financing; PRDS Common Interest Development; Other ______________________________________________________________________________________________________ 4. OTHER TERMS AND CONDITIONS: ______________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ 5. COUNTER OFFER; EXPIRATIONS: Unless this Counter Offer is accepted by the party receiving it and a fully signed copy thereof (whether delivered in person, by mail or by facsimile) is personally received by the party making said Counter Offer, or by _________________________________(authorized recipient), by ___________________________ at ________ tAM/tPM, this Counter Offer shall be deemed revoked, and the deposit shall be returned. Buyer1/ Seller 1 Date: ___________ Time: ________ Printed name: _____________________________ Signature: ______________________________ Buyer 2/ Seller 2 Date: ___________ Time: ________ Printed name: _____________________________ Signature: ______________________________ 6. ACCEPTANCE: The Counter Offer is accepted (if initialed here ________/________, SUBJECT TO COUNTER OFFER No. ____ ). Buyer 1/ Seller 1 Date: ___________ Time: ________ Printed name: _____________________________ Signature: ______________________________ Buyer 2/ Seller 2 Date: ___________ Time: ________ Printed name: _____________________________ Signature: ______________________________ 7. ONLY IF CHECKED HERE , this is a MULTIPLE COUNTER OFFER: Seller is countering other interested parties in addition to Buyer, and it is expressly agreed that contract formation shall require (a) Buyer’s acceptance of this document and delivery thereof to Seller (or authorized recipient ____________________________________), (b) Seller’s re-execution of this document in the space below and (c) Delivery to and personal receipt by Buyer (or authorized recipient _______________________________) of the re-executed document. Delivery to Buyer or authorized recipient of this re-executed document shall constitute the rejection by Seller of all other pending offers. Seller’s re-execution of accepted Multiple Counter Offer: ____________________________________ Date: ___________________ Seller’s re-execution of accepted Multiple Counter Offer: ____________________________________ Date: ___________________ 8. By initialing here ________/________, maker of this Counter Offer (or authorized recipient) acknowledges receipt of a fully accepted copy thereof (or, if Para. 7 applies, Buyer/authorized recipient _________________________________________________________ has received a copy hereof re-executed by Seller). Copyright© 2005 Advanced Real Estate Solutions, Inc. Form RCO Revised 10/05
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