10 questions and answers about purchase offers and offer guarantees
13th Jan 2026
When purchasing real estate, the purchase offer and the offer guarantee raise many questions. We have compiled the most common ones to make the process more transparent.
1. Can a purchase offer be made verbally or by email?
The owner(s) – and, if applicable, the real estate agents representing them – can only consider written offers to be valid. A simple email is not sufficient, as the purchase offer must not only be signed, but two witnesses are also required to authenticate the offer.
2. What must the purchase offer contain?
It is important that the offer includes not only the purchase price offered, but also, at a minimum, key terms such as the deadline for concluding the purchase agreement, the proposed payment schedule, and the planned date of possession.
3. To whom should the purchase offer be addressed and to whom should it be sent?
The purchase offer must always be addressed to the owner(s), as only the owner(s) listed on the title deed can decide on the sale of the property. If a real estate agent is also involved in the process on behalf of the owner, the offer addressed to the owner(s) must be sent to the real estate agent.
4. Is the seller obliged to accept the offer if the price stated in the advertisement is offered?
If a real estate agent is involved in the process, they are obliged to forward all offers to the owner. However, the owner may decide to reject the purchase offer or make a counteroffer. This is regardless of the amount stated in the offer.
5. Why is it necessary to provide an offer deposit?
It is easy to see what damages a seller may incur if, after accepting a purchase offer, they stop marketing the property, stop showing it to other interested parties, etc. The purpose of the bid bond is to prevent this from happening, or if it does happen, to provide some compensation to the owner.
6. How much bid bond must be paid and when?
If a purchase offer is accepted (also in writing), the owner(s) usually expect the bid bond to be paid within a maximum of 48 hours.
In practice, the bid bond is at least 5% in order to give sufficient weight to the parties' intention to enter into a contract.
7. To whom and how should the bid security be paid?
It is best to deposit the bid security with the lawyer entrusted with concluding the contract. There may be situations where there is not enough time or opportunity to do so. In such cases, the purchase guarantee may be paid into the real estate agent's bank account, provided that the seller has given the real estate agent written authorization to receive the purchase guarantee. The bidder has the right to verify this fact. The real estate agent is obliged to confirm in writing to both the bidder and the owner(s) that the bid security has been paid.
8. Is the bid security refunded if the sale and purchase agreement is not concluded?
The bid bond paid is considered a deposit, meaning that if the parties do not conclude the purchase agreement under the terms of the bid for reasons attributable to the bidder, the seller is entitled to retain it. If the contract is not concluded due to the seller's fault, the seller is obliged to repay twice the amount to the bidder. There may be situations where the sale does not take place for reasons not attributable to either party. In such cases, only the amount of the deposit is returned to the bidder.
9. What happens if the bidder wants to purchase the property with a loan but, for whatever reason, does not receive the loan and is therefore unable to purchase the property?
Unfortunately, this is a cause of failure that arises specifically in the bidder's sphere of interest. In this case, the owner may retain the amount of the security deposit and is entitled to sell the property to someone else.
We always recommend that our clients only start looking for a property and possibly make an offer after obtaining at least a preliminary credit assessment. A preliminary credit assessment usually provides a good indication not only of the amount of credit that can be expected to be obtained, but also of many other conditions that must be met.
10. What happens to the bid security deposit when the parties conclude the purchase agreement?
The amount of the bid bond is included in the deposit specified in the purchase agreement, regardless of whether it was paid into a lawyer's escrow account or to the real estate agent. In other words, the buyer only needs to pay the deposit minus the amount of the bid bond. If the bid bond has been paid into a lawyer's escrow account, the lawyer will continue to hold it as a deposit in accordance with the provisions of the purchase agreement or together with the deposit, or will transfer it to the seller. If the bid bond has been paid to the real estate agent, the real estate agent will transfer it to the seller.
1. Can a purchase offer be made verbally or by email?
The owner(s) – and, if applicable, the real estate agents representing them – can only consider written offers to be valid. A simple email is not sufficient, as the purchase offer must not only be signed, but two witnesses are also required to authenticate the offer.
2. What must the purchase offer contain?
It is important that the offer includes not only the purchase price offered, but also, at a minimum, key terms such as the deadline for concluding the purchase agreement, the proposed payment schedule, and the planned date of possession.
3. To whom should the purchase offer be addressed and to whom should it be sent?
The purchase offer must always be addressed to the owner(s), as only the owner(s) listed on the title deed can decide on the sale of the property. If a real estate agent is also involved in the process on behalf of the owner, the offer addressed to the owner(s) must be sent to the real estate agent.
4. Is the seller obliged to accept the offer if the price stated in the advertisement is offered?
If a real estate agent is involved in the process, they are obliged to forward all offers to the owner. However, the owner may decide to reject the purchase offer or make a counteroffer. This is regardless of the amount stated in the offer.
5. Why is it necessary to provide an offer deposit?
It is easy to see what damages a seller may incur if, after accepting a purchase offer, they stop marketing the property, stop showing it to other interested parties, etc. The purpose of the bid bond is to prevent this from happening, or if it does happen, to provide some compensation to the owner.
6. How much bid bond must be paid and when?
If a purchase offer is accepted (also in writing), the owner(s) usually expect the bid bond to be paid within a maximum of 48 hours.
In practice, the bid bond is at least 5% in order to give sufficient weight to the parties' intention to enter into a contract.
7. To whom and how should the bid security be paid?
It is best to deposit the bid security with the lawyer entrusted with concluding the contract. There may be situations where there is not enough time or opportunity to do so. In such cases, the purchase guarantee may be paid into the real estate agent's bank account, provided that the seller has given the real estate agent written authorization to receive the purchase guarantee. The bidder has the right to verify this fact. The real estate agent is obliged to confirm in writing to both the bidder and the owner(s) that the bid security has been paid.
8. Is the bid security refunded if the sale and purchase agreement is not concluded?
The bid bond paid is considered a deposit, meaning that if the parties do not conclude the purchase agreement under the terms of the bid for reasons attributable to the bidder, the seller is entitled to retain it. If the contract is not concluded due to the seller's fault, the seller is obliged to repay twice the amount to the bidder. There may be situations where the sale does not take place for reasons not attributable to either party. In such cases, only the amount of the deposit is returned to the bidder.
9. What happens if the bidder wants to purchase the property with a loan but, for whatever reason, does not receive the loan and is therefore unable to purchase the property?
Unfortunately, this is a cause of failure that arises specifically in the bidder's sphere of interest. In this case, the owner may retain the amount of the security deposit and is entitled to sell the property to someone else.
We always recommend that our clients only start looking for a property and possibly make an offer after obtaining at least a preliminary credit assessment. A preliminary credit assessment usually provides a good indication not only of the amount of credit that can be expected to be obtained, but also of many other conditions that must be met.
10. What happens to the bid security deposit when the parties conclude the purchase agreement?
The amount of the bid bond is included in the deposit specified in the purchase agreement, regardless of whether it was paid into a lawyer's escrow account or to the real estate agent. In other words, the buyer only needs to pay the deposit minus the amount of the bid bond. If the bid bond has been paid into a lawyer's escrow account, the lawyer will continue to hold it as a deposit in accordance with the provisions of the purchase agreement or together with the deposit, or will transfer it to the seller. If the bid bond has been paid to the real estate agent, the real estate agent will transfer it to the seller.
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