Advice

Purchase Offer Received: Accept, Refuse or Counter?

5 min read

What a purchase offer truly commits you to in Swiss law, how to read it beyond the price, and the rules for a counter-offer that keeps you in control. The seller's guide.

The purchase offer is the moment of truth in a sale — and the moment when mistakes cost the most. Before responding, a point that many sellers are unaware of: under Swiss law, accepting an offer does not conclude the sale — only the notarial deed does. But a written acceptance commits your word, locks in the negotiation and sets the process in motion. Here is how to read an offer, and how to respond while keeping control.

What a purchase offer is — and is not

The offer is a written proposal: the identity of the buyer, the proposed price, the method of financing, conditions precedent — typically obtaining the loan —, and a period of validity, often five to ten days. What it is not: a contract of sale. A property sale requires notarial form, and until signature before the notary, nothing is legally concluded. What it nevertheless is: a commitment to negotiate seriously — accepting and then withdrawing without cause exposes you to justified criticism, and undermines the trust the transaction needs right up to the deed. So you never say “yes” lightly.

Reading the offer beyond the figure

Two offers at the same price can be worth vastly different amounts. What determines an offer’s real value: financing — a bank agreement already validated is worth more than any promise; conditions precedent — the fewer there are, the stronger the offer; the timeline — a buyer aligned with your deadlines saves you months; and the profile — a motivated buyer of a primary residence is less likely to withdraw than an investor weighing options. Ask for proof of financing before deciding: this is a normal request, and the buyer’s reaction is already telling.

Your three possible responses

Accept — in writing, if the price and conditions suit you: the transaction moves to the notary, with one to two months until the deed. Refuse — no justification required; a polite refusal leaves the door open to a better proposal. Counter-offer — the most common strategic route: you regain control by proposing your own terms. One rule to know absolutely: any counter-offer cancels the initial offer — you will no longer be able to “go back” and accept the first proposal if the buyer withdraws. So you never counter-offer without having decided, calmly, your bottom line — this is at the heart of our method for defending your price.

The counter-offer: what it must contain

A serious counter-offer is structured like the offer it replaces: the identity of the sellers; a precise description of the property — address, nature, floor areas; the new price, set between the offer received and your listed price, and supported by facts — comparable transactions, condition of the property; a short period of validity, ten to fifteen days at most, giving the buyer time to check with their bank; and the conditions that secure what follows — deadline for obtaining financing, availability date, fate of the furniture. Standard templates exist, but each situation deserves its own text: a counter-offer calls for the same care as an offer.

The validity period: what the law actually says

“Offer valid for ten days”: the line seems harmless, yet it decides who is bound by whom. The Code of Obligations addresses this, and it is worth reading — even though, for a property, none of these exchanges concludes the sale on its own.

With a deadline. Someone who proposes a contract while setting a deadline for acceptance is bound by their offer until that deadline expires — and is released if acceptance does not reach them before that point. In other words, a buyer who writes “valid until the 15th” cannot change their mind on the 12th: they are the one bound, not you. You, on the other hand, remain free until you respond.

Without a deadline, face to face or by telephone. The person making the offer is released if acceptance does not occur immediately. And the law specifies that contracts concluded by telephone are deemed made between parties present when they have been in personal communication. An “I’m offering you such a price” made over the phone therefore lapses at the end of the call if you do not respond on the spot: always ask for it in writing.

Without a deadline, in writing. The offeror remains bound “until the moment when they can expect the arrival of a reply sent in time and in due form”. An elastic notion, and therefore a source of dispute — all the more reason to work only with dated and time-limited offers.

Two further rules complete the picture. An offer is void if its withdrawal reaches you before it does or at the same time, or if it is communicated before you become aware of the offer: a buyer can therefore recall their offer if they are quick enough. And silence is not neutral everywhere: where the offeror had no reason to expect an express acceptance, the contract is deemed concluded if the offer has not been refused within a reasonable period. So never leave an offer without a response: reply, even if only to refuse.

Several offers: choose the file, not the figure

For a property priced correctly, offers can arrive in clusters. Three options: accept the most solid one — which is not always the highest; counter-offer to a single candidate, the one with the strongest file; or announce to everyone that a choice will be made by a set date, with each party submitting their best proposal. In every case, transparency protects you: today’s rejected buyers are tomorrow’s buyers for your next sale — and in Geneva, the circle is small.

From agreement to deed: securing the final stretch

The accepted offer opens the notarial phase: checks, drafting of the deed, financing finalised by the buyer — the decisive clauses are negotiated here, as detailed in our guide to the contract of sale. If your price was built on a documented valuation, this phase goes smoothly, with no surprises: everything has already been proven. And if you are on the other side of the table, our guide to negotiating as a buyer shows the reverse cards — with technical terms in the glossary.

Frequently asked questions

Does accepting a purchase offer commit me definitively?

Legally, no: under Swiss law, a property sale is only concluded upon signature of the notarial deed before the notary. But a written acceptance commits your word, fixes the terms of the negotiation, and may give rise to valid criticism if you withdraw without cause. Only accept in writing what you are prepared to sign.

How long is a purchase offer valid for?

For whatever period the buyer states — most often five to ten days. Once that period passes without a response, the offer lapses and no longer binds anyone. A seller's counter-offer follows the same logic: ten to fifteen days at most, giving the buyer time to check with their bank.

Can I refuse an offer without justifying myself?

Yes, at any time and without giving a reason: as long as nothing has been signed in notarial form, the seller remains free. A courteous refusal that leaves the door open is often more productive than silence — today's buyer may come back tomorrow with a better proposal.

How do you draft a property counter-offer?

Like a mirror-image offer: identity of the sellers, precise description of the property, new price supported by facts (comparable transactions, condition), a short period of validity, and conditions that secure the sale — financing, dates, inclusions. Note: any counter-offer cancels the initial offer, which can no longer be accepted afterwards.

I've received several offers: how do I choose?

By the strength of the file, not just the figure: financing validated by the bank, few conditions precedent, a compatible timeline, a motivated profile. A slightly lower but secure offer is often better than a high but fragile one — a buyer whose financing falls through costs you months.

Sources

← All articles More articles in “Advice” →

Rousseau 5 — Estate agency, Geneva Left Bank

Rousseau 5 has been the high-end estate agency specialising in residential property on Geneva's Left Bank since 2012. Villas, apartments, penthouses and off-market opportunities — every mandate is handled by a dedicated broker with precise knowledge of Cologny, Champel, Chêne-Bougeries, Collonge-Bellerive, Vandœuvres and the whole lakeside area.

Contact us on WhatsApp