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An offer in the United States is a contract: how the RPA and the counteroffer work

In California there is no verbal offer. If you like the house, you sign a contract with dozens of clauses covering price, deadlines and conditions — and if the seller signs it back, what is closed is the contract, not the purchase.

Episode 18 • Part 2 of 10
A oferta nos Estados Unidos é um contrato: como funcionam o RPA e a contraoferta
Home purchase and sale documents on a wooden table, California

"Every time you go see a house and you like the house, you make an offer. Actually, the offer is a contract." The line is Sammy Veicer's, and it sums up the biggest cultural difference of the American process for anyone who has bought property in Brazil.

There is no "I made an offer and I am waiting." What you offer is a signed document, with every condition written down. It has a name and an acronym: RPA, for Residential Purchase Agreement, the residential purchase contract standardized by California's association of REALTORS®.

Why the form is standardized

In Brazil it is common to hire a lawyer to draft the purchase contract. In California, the body of the contract already comes written. "Our association of agents standardizes it," Sammy explains — and that standardization is revised periodically, as court disputes and drafting gaps appear.

The practical effect is large: the two sides negotiate price and deadlines, not the wording of the clauses. That shortens the process, lowers the cost and means the agents on both sides are reading exactly the same text. Lawyers still exist, but for the atypical case — not for an ordinary purchase of a home.

What the offer carries inside it

The offer is not a line with a number. It defines, among other things:

  • The price offered and the amount of the deposit (earnest money deposit).
  • How you are going to pay — all cash or with financing, and how much.
  • The contingencies — the legitimate exits: inspection, bank appraisal and final loan approval.
  • The deadline for each stage, counted from acceptance.
  • The expected closing date (close of escrow).

The default deadlines in the current form are the starting point of the negotiation, not a law: 3 business days after acceptance to deposit the earnest money into escrow, and 17 days as the default period to remove the inspection, appraisal and financing contingencies. All of it is negotiable — and, in a heated fight, a short deadline becomes currency.

Accept, decline or counter

Once the offer arrives, the seller has three paths. Sign and return it — and the contract is formed. Simply not accept. Or respond with a counteroffer, which is also a written document.

The example Sammy uses in the episode: a $1 million house, the buyer offers $100,000 as a deposit, and the seller sends it back asking for $120,000. "You have it right there: I accept or I do not accept. Or you can counter the counter."

And the back-and-forth is not only about price. A counteroffer can shorten the inspection period, change the date the keys are handed over, alter who pays which closing cost. Each round is a new signed document — which means that, at any moment, there is an official text stating where the negotiation stands.

A signed contract is not a closed deal

This is the point that confuses people most. In the episode, Jason Lanzarini asks whether, with the seller's signature, the deal is done. The answer is no: "you are under contract, you have not closed the deal yet — you will close the deal at the end."

Between the signature and the keys there is a period — usually 30 days — called escrow. That is when the inspection, the bank appraisal, the review of the property documents and the final credit approval happen. The signed contract starts that clock; it does not stop it.

That is why meeting deadlines matters so much. Every item in the RPA has a date. Missing the date of a contingency can mean losing the protection it gave — and the deposit stops being as protected as it was.

What to do about it before signing

  • Read the contingencies before the price. They are what determine whether you can walk away without losing the deposit.
  • Write down the dates. They all count from acceptance, not from your signature.
  • Do not waive a contingency to win a bidding war without understanding the cost. Waiving is legitimate and it happens, but it is a financial decision, not a form detail.
  • Ask for the list of attached forms. The RPA comes with several mandatory documents — including the seller's disclosures.

This text is informational and does not replace advice from your agent or a lawyer. Deadlines and clauses vary with the version of the form and with what the parties negotiate.

Sources and verification

  • California Association of REALTORS® — the Residential Purchase Agreement (RPA) form and counteroffer forms; standardization and periodic revision of the texts.
  • Default deadlines in the current RPA: delivery of the initial deposit within 3 business days after acceptance, by transfer to escrow; 17 days as the default period to remove the loan, appraisal and property investigation contingencies.
  • Transcript of episode CM018 of the Cadê Moradia podcast, with Sammy Veicer.

Watch this part of the episode:

The Offer Contract (RPA) — starting at 2:51 · CADÊ BRAZIL

Sources & editorial note

This article is a reference edition of episode 18 of the podcast and is subject to edits and editorial additions. For the full conversation, watch the episode. — Updated on 10/08/2026.

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