How to Write a Counter Offer in Utah FSBO

You've listed your Utah home as FSBO, and a buyer just submitted an offer. The price is low, the possession date is wrong, or the inspection deadline feels too short. You need to counter — but the process isn't as simple as crossing out numbers and sending it back. In Utah, a counter offer on a FSBO home follows specific rules under the Real Estate Purchase Contract (REPC), and if you do it wrong, you could accidentally accept terms you didn't intend to, or leave yourself without legal protection.

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This guide walks you through exactly how to write a counter offer as a Utah FSBO seller — which form to use, what terms you can negotiate, and the common mistakes sellers make when negotiating without an agent.

Why a Counter Offer in Utah Requires the Right Form

Utah uses a specific counter offer addendum as part of the REPC system. The Utah Association of Realtors Counter Offer form is the standard document used by most Utah buyers and agents. When you receive an offer on the Utah REPC, you have three choices:

• Accept as written
• Reject outright
• Counter with changed or additional terms

If you counter, you don't just write changes on the buyer's offer and send it back. That approach creates ambiguity about which terms are in effect and can lead to disputes at closing. Instead, you fill out the Counter Offer form, specify exactly what you are changing, and attach it to the original REPC.

The counter offer must reference the original offer by date and address. It needs your signature and a deadline — called the Acceptance Deadline — by which the buyer must either accept your counter, reject it, or counter back.

What Terms You Can Negotiate in a Utah Counter Offer

As a FSBO seller, you can counter on virtually any term in the original REPC. The most common items Utah sellers adjust include:

• Purchase price — the most obvious, but not the only thing worth negotiating
• Earnest money amount — in Utah, earnest money is typically 1–2% of the purchase price; if the buyer offered $500 on a $400,000 home, that's worth pushing back on
• Financing deadline — how long the buyer has to secure a loan commitment
• Due diligence deadline — the window for inspections and investigations under Utah's REPC
• Settlement/closing date — when ownership transfers
• Possession date — when the buyer physically takes possession (this can differ from closing)
• Included/excluded items — appliances, fixtures, outbuildings, water shares in rural Utah counties
• Seller concessions — if the buyer asked for help with closing costs, you can adjust or remove that here

In Utah, buyers often submit offers that include requests for seller-paid closing costs. This is common in Salt Lake, Utah, Davis, and Washington counties. If a buyer asks for $8,000 toward closing costs, you can counter with a lower amount, no concession, or adjust the price to offset it.

How to Use the Counter Offer Form Correctly

The Utah Counter Offer addendum is one page and relatively straightforward. Here's how to fill it out as a FSBO seller:

1. Enter the property address exactly as it appears on the REPC
2. Reference the original offer date — the date the buyer's original REPC was signed
3. Check the appropriate box — you're countering, not accepting or rejecting
4. Write the changed terms clearly — use the blank lines to specify only what you are changing; everything else in the REPC remains as submitted
5. Set a firm Acceptance Deadline — typically 24–72 hours from when you send it back; in a competitive Utah market, 24 hours is reasonable
6. Sign and date — both sellers must sign if the property is jointly owned
7. Deliver it to the buyer — send via email (with delivery confirmation), through your title company, or by whatever method the REPC specifies

If you and the buyer go back and forth multiple times, each round uses a new Counter Offer form referencing the most recent counter, not the original offer. Keep copies of every form in the sequence — you'll need them at closing.

Mistakes Utah FSBO Sellers Make When Countering

Marking up the original offer. Writing changes directly on the buyer's REPC and sending it back is not a valid counter offer in Utah. It creates confusion about what version of the contract is in effect.

Failing to set an Acceptance Deadline. Without a deadline, the buyer can technically accept at any time — even a week later, after you've already accepted another offer. Always set a deadline.

Countering verbally. Verbal agreements to change contract terms are not enforceable in Utah real estate transactions. Everything must be in writing. A text message saying "we'll take $395k" is not a binding counter offer.

Forgetting to keep the offer alive. When you send a counter, the original offer is rejected. If the buyer lets your counter expire without responding, there is no contract — and they could walk away or submit a worse offer. Some sellers prefer to send the counter with a note to the buyer's agent explaining their reasoning to keep negotiations moving.

Countering on too many terms at once. If your counter changes the price, possession date, earnest money, inspection deadline, and closing date all at once, buyers often get overwhelmed or feel like you're being difficult. In Utah's current market (particularly in Salt Lake and Utah counties where inventory is still tight), keeping counters focused on the most important terms tends to result in faster agreements.

What Happens After You Send the Counter Offer

Once you deliver the counter offer, the clock starts on your Acceptance Deadline. The buyer can:

• Accept — the counter offer (and all unchanged REPC terms) becomes the binding contract
• Reject — negotiations end; you're free to work with other buyers
• Counter back — they submit their own Counter Offer form making further changes

If the buyer accepts your counter, you now have a fully executed contract. The next steps depend on the REPC deadlines you agreed to — typically the due diligence period begins immediately, and the buyer's financing deadline starts running.

For Utah FSBO sellers, the moment you have an accepted contract is also the moment you should be in contact with a title company to open escrow. Under Utah's closing process, the title company handles the mechanics of transferring funds and recording the deed — you don't need an agent for any of it.

What to Do If the Buyer Won't Budge

Sometimes a buyer submits a low offer and won't move much on price. Before walking away, consider:

• Market data — what have comparable homes in your neighborhood sold for in the last 90 days? In most Utah counties, this data is available through public records and the county assessor's website. If the buyer's price is actually close to recent comps, that's worth acknowledging.
• Non-price terms — sometimes a buyer can't go higher on price but can offer a faster close, larger earnest money, or waive requests for seller concessions. These have real value.
• Multiple offers — if you have other interested parties, let the buyer know (without disclosing specifics) that you're expecting competing offers. This is legal and often motivates movement.

In Weber, Cache, and Tooele counties, where FSBO activity tends to be higher among move-up buyers, buyers are often more flexible on timing than price. It's worth identifying what matters most to them.

When to Get an Attorney Involved

Most counter offer negotiations in Utah are straightforward enough to handle yourself using the standard forms. But there are situations where getting an attorney to review makes sense:

• The buyer is asking you to modify or waive seller disclosure obligations
• The contract includes unusual contingencies you don't understand
• The buyer is represented by an agent who is pushing you to sign something quickly
• The property is in a trust, estate, or involves multiple owners who don't agree

A Utah real estate attorney can review the REPC and counter offer, explain what you're agreeing to, and flag anything unusual — without taking over the transaction. That's very different from listing with an agent and paying a full commission.

If you're managing the counter offer process on your own and want a second set of eyes before you sign, that's exactly the kind of help available through this site.

Ready to get started? Tyler offers a free 15-minute consultation — schedule yours at utahfsbohelp.com/contact.