Selling for cash · November 18, 2026 · 12 min read

How to counter a cash offer on your house: what to ask for and when to say no

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

Scheduled for November 18, 2026.

A closed blue folder, a silver pen and house keys on a stone window sill, with palm trees outside on a sunny day

You have a cash offer for your house, and the number is lower than you hoped. You have three answers: yes, no, or a counteroffer with your own number and terms. A counteroffer has legal effects, so learn what it does before you send one.

This post explains how a counteroffer works in Florida and Arizona, what you can ask for besides price, how to write one, and the signs that tell you to stop. It explains the rules. It gives no legal advice, so ask a lawyer in your state about your own contract.

What a counteroffer does under the law

A counteroffer is a new offer. It also ends the offer you received.

In Polk v. BHRGU Avon Properties (2006), a Florida appeals court looked at a sale of 181 acres. The seller sent two counteroffers with a deadline. The buyer answered with its own changed terms, then tried to sign the seller's counteroffers before the deadline. The court ruled for the seller. In the National Association of Realtors summary of the case, the rule is stated plainly: "a counteroffer constitutes a rejection of the original offer."

For you, that means one thing. Once you counter, the buyer's first number is gone. If you later decide the first number was fine, you need the buyer to offer it again.

It must be in writing

Both states require a written, signed agreement for the sale of a house:

State	Law	What it says
Florida	Section 725.01	A contract for the sale of lands must be "in writing and signed by the party to be charged"
Arizona	Section 44-101, item 6	An agreement for the sale of real property, or a memorandum of it, must be in writing and signed by the party to be charged

A price you agree to on the phone does not bind either side. Put every counteroffer in writing, and sign only the version you agree with.

Electronic signatures count in both states. Florida Statutes section 668.50(7) says "an electronic signature satisfies" a law that requires a signature. Arizona Revised Statutes section 44-7007 says the same. Signing on a phone app is a real signature, so read the whole document before you tap.

Before you answer: learn how the number was built

A cash buyer's number comes from a short list of items: recent sales of similar houses nearby, the repairs your house needs, and the costs of buying, holding and reselling. Our guide on how a cash offer is worked out walks through each one.

Ask the buyer three questions in writing:

Which sales did you use to price my house?
What repairs did you count, and at what cost?
What costs will I pay at closing, if any?

A buyer who answers with addresses, sale dates and a repair list has shown you their math. Now you can argue with a line item instead of with the total. A buyer who will not answer has told you something too.

Then do your own math. Three numbers matter:

Your payoff. Call your lender for the payoff amount, and list any liens, unpaid taxes or HOA balances.
Your net under each path. Use the net proceeds calculator to compare the cash offer with listing, after commissions, repairs and the months the house might sit.
Your walk-away number. The lowest net you will accept, decided before you start, so you do not decide it in the middle of a phone call.

What you can ask for besides price

Price is one line in the contract. The other lines can be worth money or peace of mind, and a buyer may agree to them more easily than to a higher price.

Term	What to ask for	Why it matters
Closing date	The date that fits your move	Moving twice or paying two rents costs money
Closing costs	The buyer pays them	In Florida, the documentary stamp tax on the deed is 70 cents on each $100 of the price under section 201.02(1)(a); the contract says who pays it
Earnest deposit	A larger deposit, held by a licensed title company	A buyer who can lose the deposit has a reason to close
Inspection period	A short one, with a fixed end date	A long period lets a buyer hold your house off the market and then ask for a lower price
Time after closing	A few days to move out after you are paid	You can use the sale money to pay for the move
Things left behind	The buyer takes the house with furniture or junk you do not want	Clearing a house costs time and money
Assignment	No assignment, or a written disclosure if the buyer may assign	You want to know who will close
Offer deadline	Enough time to get advice	A short deadline is a pressure tactic

You do not need to ask for all of these. Pick the two or three that matter most to you, and give on the rest.

Want a written number to compare? Get a cash offer within 24 hours. A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.

Call or text (813) 729-8998

How to write the counteroffer

Short and specific works best. A good counteroffer has four parts:

Your number: one price, written in figures and words.
Your reason: a recent sale nearby, a repair quote that is lower than the buyer's, or a payoff amount you must cover.
Your other terms: the closing date and any items from the table above.
A deadline: the date and time by which the buyer must answer in writing.

Here is an example of the words. Have a lawyer review the final document before you sign it.

Thank you for your offer of $210,000 for the house. I can sell for $228,000. The house at the end of our street, the same size and age, sold in August for $305,000, and my roofer's quote to replace the roof is $14,500, lower than the $25,000 in your repair list. I need to close on or after December 15, and I would like 3 days after closing to move out. Please answer in writing by 5:00 PM Friday.

The numbers in that example are made up to show the format. Use your own.

Two habits help. Keep emotion out of the message: the buyer is pricing a house, and a calm reply with facts gets a calm reply back. And start from a number you can explain. A counter far above what the sales support can end the talk, while a counter with a reason invites one more round.

How buyers answer, and how to read it

A serious buyer will do one of these:

Accept. You have a deal once both of you sign the same written terms.
Meet you part way. They move up and you decide whether the new number clears your walk-away line.
Ask for your lowest number. Give it only if you mean it. A number you name in writing can become the price.
Explain why they cannot move. If the reason is a repair you did not know about, ask for the details. You may want to get your own quote.

Aim for a number you can both accept. When either side thinks the price is unfair, small problems before closing turn into reasons to cancel.

Mistakes that cost sellers money

Five mistakes to avoid:

Agreeing on the phone and signing something else. The written contract is the deal. Before you sign, check that the price, the closing date and every promise from the call are in the document.
Naming a number before you know your payoff. If your mortgage, liens and back taxes add up to more than your counter, a yes from the buyer still leaves you short at closing. Get the payoff first.
Signing with two buyers. Under the written-contract rules above, each signed contract can bind you. If you are talking to two buyers, tell both, and sign with one.
Losing track of your own deadline. If the buyer answers after the deadline in your counteroffer, say in writing whether your counter still stands, so both sides know what was agreed.
Forgetting the costs after closing. Moving, storage, a rental deposit and utility transfers all come out of the money you receive. Count them in your walk-away number.

When to stop talking

Walk away, or slow down and get advice, if you see any of these:

Fees for you. A buyer who asks you to pay a fee to get or keep an offer.
No proof of funds. A cash buyer should show that the money exists, in writing, with the offer.
A deposit held by the buyer. The earnest deposit should go to a licensed title company or escrow company.
A new, lower price after the inspection for things the buyer could see or was told about.
An assignment clause with no explanation. Some buyers sign your contract and then sell the contract to someone else for a fee.
Pressure. "Sign today or the offer is gone" leaves you no time to read or ask.

The assignment question in Arizona

Arizona has a law for buyers who plan to pass the contract on. Arizona Revised Statutes section 44-5101 calls them wholesale buyers. A wholesale buyer of a house with fewer than five units must tell the seller in writing, before a binding agreement, that they are one. If they do not, subsection (B) lets the seller cancel at any time before the close of escrow, without penalty, and keep any earnest money the buyer paid.

In Florida, read the assignment clause in the contract and ask the buyer in writing what it means for you. Ask any cash buyer, including us, whether the contract lets them assign it, and who will be named on the deed at closing.

How BIMINIO handles a counteroffer

We buy houses for cash in Tampa, Miami, Orlando, Lakeland, Phoenix and Glendale. A cash offer is below full market value. We say that out loud, and we show you why: your written offer arrives within 24 hours with the comparable sales we used and proof of funds.

If our number is lower than you need, tell us your number and the reason. We check it against the sales and the repair costs and tell you plainly whether we can move. You pick the closing date from 7 to 35 days out, and we pay the closing costs. Your earnest deposit is held by a licensed title company. The price in the written offer is the price at closing, with one building inspection of under 30 minutes after you accept.

To start, fill in the form on this page, or call us at (813) 729-8998 in Florida or (602) 387-7772 in Arizona. Our guide on how to check a cash buyer lists what to ask any buyer, including us.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Polk v. BHRGU Avon Properties, LLC, 946 So. 2d 1120 (Fla. 2d DCA 2006), case summary by the National Association of Realtors (March 6, 2007), read November 9, 2026
Florida Statutes (2026), section 725.01: promise to pay another's debt, contracts for the sale of lands, read November 9, 2026
Arizona Revised Statutes, section 44-101: agreements that must be in writing, read November 9, 2026
Florida Statutes (2026), section 668.50: Uniform Electronic Transaction Act, read November 9, 2026
Arizona Revised Statutes, section 44-7007: legal recognition of electronic records and signatures, read November 9, 2026
Arizona Revised Statutes, section 44-5101: wholesale real estate buyers and sellers, disclosure, read November 9, 2026
Florida Statutes (2026), section 201.02: documentary stamp tax on deeds, read November 9, 2026

Situations this helps with

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

What happens to the first offer when I make a counteroffer?

A counteroffer rejects the offer it answers. In Polk v. BHRGU Avon Properties (Florida Second District Court of Appeal, 2006), as summarized by the National Association of Realtors, the court held that a counteroffer constitutes a rejection of the original offer. After you counter, you cannot go back and accept the buyer's first number unless the buyer offers it again.

Does an agreement to sell a house have to be in writing in Florida?

Yes. Florida Statutes section 725.01 says no action may be brought on any contract for the sale of lands unless the agreement is in writing and signed by the party to be charged. Make every counteroffer and every change in writing, and sign only the version you agree with.

Does an agreement to sell a house have to be in writing in Arizona?

Yes. Arizona Revised Statutes section 44-101, item 6, covers an agreement for the sale of real property or an interest in it. The opening paragraph of the section says such an agreement, or a memorandum of it, must be in writing and signed by the party to be charged, or by a person that party lawfully authorized.

Can I sign a counteroffer electronically in Florida?

Yes. Florida Statutes section 668.50(7)(a) says a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, and subsection (7)(d) says that if a law requires a signature, an electronic signature satisfies it. Keep a copy of every signed version.

Can I sign a counteroffer electronically in Arizona?

Yes. Arizona Revised Statutes section 44-7007 says a record or signature in electronic form cannot be denied legal effect solely because it is electronic, that an electronic record satisfies a law that requires a writing, and that an electronic signature satisfies a law that requires a signature.

What is a wholesale buyer under Arizona law?

Arizona Revised Statutes section 44-5101(D) defines a wholesale buyer as a person or entity that enters into a purchase contract for residential real property as the buyer and assigns that same contract to another person. Residential real property means property with fewer than five dwelling units. A wholesale buyer must tell the seller in writing that they are one.

What can I do if an Arizona buyer did not disclose they are a wholesale buyer?

Arizona Revised Statutes section 44-5101(B) says that if a wholesale buyer fails to give the written disclosure, the seller may cancel the contract at any time before the close of escrow without penalty, and may keep any earnest money the buyer paid. Ask an Arizona lawyer before you cancel.

When must the Arizona wholesale disclosure be given?

Arizona Revised Statutes section 44-5101(A) requires the written disclosure before the parties enter into a binding agreement. A buyer who plans to assign the contract to someone else should give it to you with the offer, before you sign. If you see an assignment clause and no disclosure, ask about it in writing.

Who pays the documentary stamp tax when I sell a house in Florida?

Florida Statutes section 201.02(1)(a) sets the documentary stamp tax on a deed at 70 cents on each $100 of the price. The purchase contract says which side pays it, so it is one of the costs you can negotiate in a counteroffer. When BIMINIO buys a house, we pay the closing costs.

What can I ask for in a counteroffer besides a higher price?

You can ask for a different closing date, for the buyer to pay closing costs, for a larger earnest deposit held by a licensed title company, for a shorter inspection period, and for time to move out after closing. At BIMINIO you pick the closing date from 7 to 35 days, and we pay the closing costs.

Can I counter a cash offer from BIMINIO?

Yes. A BIMINIO cash offer arrives in writing within 24 hours, with the comparable sales we used. If the number is lower than you need, tell us your number and the reason in writing. We check it against those sales and the repair costs and tell you plainly whether we can move.

Can BIMINIO lower its price after I accept?

No. The price in BIMINIO's written offer is the price at closing. After you accept there is one building inspection of under 30 minutes, at a time you choose, and no new number on signing day. That is why we ask about leaks, cracks, open permits, liens and tenants on the first call.

Who holds the earnest deposit when I sell to BIMINIO?

A licensed title company holds the earnest deposit when you sell to BIMINIO, and every offer comes with proof of funds. The title company also orders your mortgage payoff and any lien payoffs, and pays them at closing from the sale price before you receive the rest.

Are there any fees when I sell to BIMINIO?

No. BIMINIO charges no fees and no commission, and we pay the closing costs. A cash offer is below full market value, which is the trade for a fixed price in writing, no repairs, no showings and a closing date you choose from 7 to 35 days out.

Get a written cash offer

A firm number within 24 hours, with the comparable sales we used. No fees, no repairs.