In a typical U.S. home purchase, your buyer’s agent sends your signed offer package to the seller’s listing agent. The listing agent then presents it to the seller. If you are unrepresented, you or your real estate attorney normally send the offer to the listing agent; if the home is for sale by owner, it may go directly to the seller. Exact duties and delivery rules depend on state law and the parties’ representation agreements.
That distinction—who sends the offer and who presents it—is the simplest way to understand the offer-delivery framework. The buyer’s side normally transmits the proposal; the seller’s representative normally puts it before the seller.
The standard offer-delivery chain
- The buyer signs the offer. The purchase offer states the proposed price, financing, deposits, contingencies, deadlines, and other terms.
- The buyer’s agent sends the package. It usually goes to the listing agent through email, an electronic-signature platform, or the brokerage’s transaction system.
- The listing agent presents it. The listing agent gives the offer to the seller and can explain its terms while following the seller’s instructions and applicable law.
- The seller decides. The seller may accept, reject, counter, or allow the offer to expire.
- The response travels back. The listing agent communicates it to the buyer’s agent, who communicates it to the buyer.
Delivery alone does not mean the seller accepted the offer. Contract formation rules vary by state. For example, the North Carolina Real Estate Commission explains that, in its jurisdiction, an oral statement that an offer is accepted is not the same as a signed acceptance that has been communicated to the buyer. This is one reason to rely on the written transaction record rather than a casual status message.
Who handles the offer in different situations?
| Representation | Who sends the offer? | Who presents it to the seller? |
|---|---|---|
| Buyer and seller both have agents | Buyer’s agent sends it to the listing agent | Listing agent |
| Buyer is unrepresented; seller has an agent | Buyer, or the buyer’s attorney, sends it to the listing agent | Listing agent |
| Buyer has an agent; seller is for sale by owner | Buyer’s agent sends it to the seller or the seller’s authorized attorney or representative | The seller reviews it, with any adviser the seller has chosen |
| Neither side has an agent | Buyer or buyer’s attorney | Seller or seller’s attorney receives it directly |
| One brokerage or agent is involved with both sides | Follow the disclosed relationship and state rules | Varies; dual or designated agency is regulated differently by state |
Do not bypass a listing agent and contact the owner merely because you found the owner’s information. Existing representation agreements, local practice, and state rules can control who may communicate or negotiate with whom.
What must the listing agent do with an offer?
There is no single federal rule governing every real estate licensee. State licensing law controls many duties, and the National Association of REALTORS® Code of Ethics applies to REALTORS®, not automatically to every licensed agent.
For REALTORS®, the 2026 Code says offers and counteroffers should be submitted objectively and as quickly as possible. It also says a listing broker should continue submitting offers until closing unless the seller has waived that obligation in writing. State rules can impose their own requirements. Oregon’s real estate regulator, for example, says a seller’s agent must present written offers in a timely manner; Georgia’s official brokerage rules require a licensee to promptly tender a signed offer to the relevant customer or client.
How to create a reliable delivery record
- Make sure the offer is complete and signed before transmission.
- Use the delivery address or transaction channel supplied in the listing instructions.
- Keep the sent message, timestamp, attachments, and electronic-signature record.
- Ask your agent to confirm that the listing side received the complete package.
- Track the offer’s stated expiration time; a receipt is not an acceptance.
If a cooperating broker who is a REALTOR® submits the offer, the NAR Code provides a useful confirmation mechanism: on written request, the listing broker should provide written affirmation that the offer was submitted to the seller, or notice that the seller waived presentation. A buyer can ask their representative whether that provision applies and whether a written confirmation should be requested.
If you are buying without an agent
Being unrepresented changes who prepares and transmits the package, but not the need for a clear written offer. The Consumer Financial Protection Bureau notes that agents may represent the buyer, the seller, or sometimes both, and that state law may require disclosure of whom the agent represents. The listing agent generally represents the seller, not you.
A real estate purchase agreement can create substantial legal and financial obligations. An unrepresented buyer can ask a licensed real estate attorney in the property’s state to prepare or review the offer and explain deadlines, contingencies, disclosures, and acceptance rules. This article describes a common process; it is not a substitute for state-specific legal advice.
Sources
- 2026 Code of Ethics & Standards of Practice — National Association of REALTORS®.
- Find the right home — Consumer Financial Protection Bureau.
- Communication Is Key — Oregon Real Estate Agency.
- Chapter 520-1, Licensure and Brokerage — Georgia Secretary of State.
- When Does an Offer Become a Contract? — North Carolina Real Estate Commission.
