Home› Resources› How to Make an Offer on a House in California
Resources — Commission & Fees

How to Make an Offer on a House in California

About 36% of California homes sold above list price in 2026 — but that number hides enormous variation. Torrance still sees over-asking sales while Palos Verdes Estates saw zero in February. Writing a strong offer means reading your specific submarket, not applying a statewide rule. Here is what actually goes in a California offer, and how to compete without gutting your own protections.

What Goes Into a California Offer?

California uses the Residential Purchase Agreement (RPA), a standardized form from the California Association of Realtors. Price is one line. These are the terms you actually control:

TermTypicalWhat It Signals
Purchase priceBased on closed compsThe headline, but rarely the whole decision
Earnest money deposit1% - 3%Commitment. Held in escrow, credited at closing
Inspection contingency17 days defaultShortening tightens your timeline and your risk
Appraisal contingency17 days defaultYour protection against an appraisal gap
Loan contingency21 days defaultFully underwritten approval beats pre-qualification
Close of escrow30 - 45 daysFlexibility here often matters more than price
Requested creditsVariesIncluding your buyer's agent credit
PossessionAt recordationRent-back can be a decisive concession

Sellers weigh certainty as heavily as price. An offer that closes reliably at $890,000 frequently beats one at $905,000 that might fall apart in underwriting.

How Much Should You Offer?

The honest answer is that it depends on the specific home, not the market average. Two useful inputs:

How long has it been listed?

Days on MarketReasonable Approach
0 - 14 daysAt or slightly above asking in competitive submarkets; full price in balanced ones
15 - 30 daysAt or modestly below asking; the seller is watching the calendar
30 - 60 days5% to 10% below asking is reasonable — carrying costs are accumulating
90+ daysMore aggressive, but ask why. Sometimes it is price; sometimes it is a real problem

What is your specific submarket doing?

Statewide figures mislead badly here. In 2026 roughly 36% of California homes sold above list — but within Southern California, Torrance was still seeing over-asking sales at about 32 days on market, while Palos Verdes Estates recorded zero percent selling over asking in February, down from 20% a year earlier, with median days on market reaching 99. Long Beach saw nearly 47% of listings take a price reduction.

Those are the same county. Ask your agent for the specific numbers on your price band and neighborhood before deciding whether to compete or negotiate.

About to write an offer? Roman will pull the closed comps and current submarket data for that specific property, plus your likely closing cost credit.

Get My Free Savings Estimate

How Do You Win a Multiple-Offer Situation?

Most competitive California listings now set an offer deadline, usually just after the first weekend of showings. That concentrates every bid into one window and makes preparation matter more than reaction time.

The instinct is to raise price and waive contingencies. That is the most expensive and most dangerous way to compete. Better levers first:

Compete on certainty, not just price

  • Fully underwritten loan approval. Not pre-qualification, not pre-approval — underwritten. It is the single strongest non-price signal you can send, and it costs you nothing.
  • Larger earnest money deposit. Moving from 1% to 3% signals seriousness. Understand that it is also the amount at risk if you default after removing contingencies.
  • Shorten contingencies rather than waiving them. Ten days instead of seventeen still protects you. Zero days does not.
  • Match the seller's timeline. Ask what they actually need — a fast close, a delayed close, or a rent-back while they find their next home. This is frequently the deciding factor and it costs you nothing but flexibility.
  • Clean paperwork. Complete, correctly filled, everything signed. Listing agents notice, and a sloppy package suggests a sloppy escrow.

Understand the SMCO before you sign one

When a seller has several offers, they often respond using the California Seller Multiple Counter Offer (form SMCO) — countering multiple buyers at once without risking selling the home twice.

Signing an SMCO does not create a contract. A deal only forms when the seller signs that specific counter back to you and it is delivered. Until that happens you are still competing, and you should keep looking. Buyers regularly misread this and stop their search too early.

Should You Use an Escalation Clause?

An escalation clause automatically raises your offer above competing bids by a set increment, up to a stated cap. It sounds elegant. It carries three real costs worth weighing.

  • It reveals your maximum. The seller now knows exactly how far you would go, which weakens you in any subsequent negotiation over repairs or credits.
  • Some listing agents refuse them. They complicate a multiple-offer comparison and invite disputes about whether a competing offer was genuine.
  • It raises appraisal risk. If escalation pushes the price above appraised value, you cover the gap in cash or renegotiate — and in a market where some Southern California submarkets have cooled considerably, that gap is a live possibility rather than a theoretical one.

A cleaner alternative in most cases: decide your true maximum, offer it directly, and compete on terms. That gives the seller certainty without handing them your ceiling.

What Should You Never Waive?

In a competitive window buyers get pushed toward waiving protections. Some waivers are reasonable risks. Others are not, and the difference is worth knowing before you are under deadline pressure.

ContingencyRisk of WaivingReasonable Alternative
InspectionHigh — you absorb every defectShorten to 7-10 days; pre-inspect before offering
AppraisalHigh — you cover any gap in cashCap your exposure at a stated dollar amount
LoanVery high — deposit at risk if financing failsGet fully underwritten, then shorten to 14 days
HOA document reviewModerate to highRequest documents early, review before offering

The pre-inspection is the most underused tool here. Paying $500 to inspect before you write lets you submit a genuinely non-contingent inspection offer with real knowledge rather than blind faith. You lose the fee if you do not win the house — but you have not lost the house to someone who waived on a coin flip.

Waiving the loan contingency deserves particular caution. If financing falls through after you have removed it, your earnest money — potentially $27,000 on a $900,000 home — is genuinely at risk. Underwritten approval reduces but does not eliminate that risk, since appraisal and final conditions still apply.

How Does the Buyer Credit Fit Into Your Offer?

With a flat fee, whatever a seller offers the buyer's side above $7,250 or $9,250 has to go somewhere. It is negotiated into the RPA as a seller credit toward your closing costs.

The strategic point most buyers miss: this credit is seller-neutral. The seller has already agreed to pay that commission. Redirecting the excess to you costs them nothing — their net proceeds are identical. Asking for the equivalent as a price reduction costs them the full amount, because they still owe the same commission on a smaller sale.

Purchase Price2.5% OfferedFlat FeeCredited to You
$700,000$17,500$7,250$10,250
$900,000$22,500$7,250$15,250
$1,300,000$32,500$7,250$25,250
$2,000,000$50,000$9,250$40,750

In a multiple-offer situation this matters more than it looks. You can compete at full price — giving the seller the number they want — while still reducing your own cash to close. More on credit versus price reduction →

Competing on a property this week? Roman will confirm what the listing is offering the buyer's side and structure the credit into your offer.

Get My Free Savings Estimate

What California Rules Affect What You Pay?

California layers requirements and costs on top of commission that vary sharply by county and city. These matter more than most buyers and sellers expect.

California AB 2992 codified the written agreement requirement

Effective January 1, 2025, California law requires buyers to sign a written representation agreement with their agent before touring properties, specifying how that agent is compensated. It puts into state statute what the August 2024 NAR settlement established nationally — and it is the mechanism that makes a stated flat fee enforceable rather than aspirational.

Transfer taxes vary enormously by city

Every California county charges a documentary transfer tax of $1.10 per $1,000 of value. Cities may add their own, and some add a great deal — the City of Los Angeles imposes an additional tax on high-value sales that dwarfs the county rate. By contrast, no city in Ventura County or San Bernardino County adds a city-level transfer tax at all.

County breakdowns: Los Angeles · Ventura County · San Bernardino County

Disclosure obligations are among the strictest in the country

California requires a Transfer Disclosure Statement, a Natural Hazard Disclosure covering flood, fire, earthquake and seismic zones, and disclosure of known material facts. In wildfire-designated areas — much of Ventura County and the San Bernardino mountain communities — additional documentation applies. Errors here create liability that outlives the closing.

No commission rate is set by law, and never has been

The California Department of Real Estate does not set rates and no MLS may require a minimum. What changed in 2024 is that compensation must now be disclosed and agreed in advance rather than assumed. Full NAR settlement breakdown →

Escrow practice differs from most states

California uses escrow companies rather than attorneys for residential closings. Escrow fees typically run 1% to 2% of price and are commonly split by local custom — but custom is not law, and the split is negotiable.

How a Flat Fee Agent Changes These Numbers

Roman Doktorovich is a flat fee realtor serving Los Angeles, Orange, Ventura and San Bernardino County — $7,250 for transactions under $1.5M and $9,250 at or above, for buyers and sellers alike.

That structure is different from a discount realtor or low commission realtor, who still charges a percentage — just a smaller one. A percentage still grows with the price of the house. A flat fee does not.

  • Buying: when a seller offers a buyer's agent commission above the flat fee, the difference returns to you as a commission rebate credited at closing — roughly $15,250 on a $900,000 purchase at 2.5% offered.
  • Selling: you pay the flat fee instead of a percentage listing commission. On a $1,000,000 sale, that is $7,250 rather than roughly $27,000 at 2.7%.

Full representation either way — not a limited-service flat fee MLS product. See full pricing → · Compare against traditional commission →

Frequently Asked Questions

How do I make an offer on a house in California?
Your agent prepares the California Residential Purchase Agreement (RPA), the standard form from the California Association of Realtors. You set the price, earnest money deposit, contingency periods, close of escrow date, any requested credits, and possession terms. The seller can accept, reject, or counter -- counters are common and are not a rejection.
Do I have to offer over asking price in California?
Not always, and the statewide average is misleading. About 36% of California homes sold above list in 2026, but that varies enormously by submarket. Some Los Angeles areas saw over-asking sales fall from 55% to 42% year over year, and Palos Verdes Estates recorded zero in February 2026. The right number comes from recent comparable sales for that specific home, not a general rule.
What is a Seller Multiple Counter Offer (SMCO)?
A standard California form sellers use to counter several buyers at once without accidentally selling the home twice. Important: signing an SMCO does not create a contract. A deal only forms when the seller signs that specific counter back to you and it is delivered. Until then you are still competing.
How can I win a multiple-offer situation without waiving inspections?
Compete on the terms that cost you least. A fully underwritten loan approval signals more certainty than a basic pre-qualification. A larger earnest money deposit shows commitment. A flexible close date or a rent-back for the seller often matters more than price. Shortening -- rather than waiving -- your inspection period preserves your protection while still tightening the timeline.
What is an escalation clause and should I use one?
An escalation clause automatically raises your offer above competing bids up to a stated cap. It can win a deal, but it reveals your maximum to the seller and some listing agents will not accept them. It also raises appraisal risk: if the escalated price exceeds the appraised value, you cover the gap in cash or renegotiate.
How much earnest money should I offer in California?
Typically 1% to 3% of purchase price -- $9,000 to $27,000 on a $900,000 home. It goes into escrow, not to the seller, and credits toward your down payment. A larger deposit strengthens your offer, but it is also the amount most at risk if you default after removing contingencies.
What happens if the appraisal comes in below my offer?
You have four options: renegotiate the price, cover the difference in cash, split it with the seller, or cancel under your appraisal contingency. This is the main risk of aggressive over-asking offers, and it is worth planning for before you write rather than after.
Does a flat fee agent change my offer strategy?
Not the strategy, but it changes your numbers. When a seller offers a buyer's agent commission above Roman's flat fee, the difference is negotiated into the RPA as a seller credit toward your closing costs -- roughly $15,250 on a $900,000 purchase at 2.5% offered. That is cash relief that does not require the seller to accept a lower price.