If you searched “who delivers your offer to the seller framework” and want a straight answer within the first 100 words, here it is: the delivery of an offer to a seller is rarely accidental—the actor who transmits it (buyer, agent, broker, auctioneer, platform, or counsel) shapes timing, tone, legal risk, and likelihood of acceptance. This article lays out a practical framework for deciding who should deliver your offer, why that choice matters, the mechanics of delivery, the handoff responsibilities that protect both parties, and clear steps you can use across real estate, B2B procurement, e-commerce and M&A. If you want to avoid miscommunication, lost deals, or unnecessary legal exposure, this piece gives you a roadmap – who delivers your offer to the seller framework.
Why “who” matters: the strategic and practical stakes
An offer is more than a price and a list of terms. It is a message, a legal instrument, and a relationship signal. Who delivers it matters because:
• Authority: the deliverer carries implied authority. An offer presented by a CEO or by legal counsel will be interpreted differently than one sent by an assistant.
• Timing: different channels (instant message, registered mail, e-mail, in-person) produce different timestamps and evidence trails.
• Perception: a seller receives an offer as a human interaction; the messenger affects tone and negotiation posture.
• Risk allocation: the deliverer often assumes responsibility for correct documentation, receipt confirmation, and confidentiality.
• Legal effect: in some contexts, delivery by certain channels creates legal presumptions about acceptance or notice.
Put simply, choosing the right deliverer is a strategic act: it shapes how the seller perceives the offer, how quickly they react, and how enforceable the transaction record will be.
A simple decision tree: who should deliver your offer?
Choose the deliverer by asking three questions:
- Is speed or legal formality paramount?
- Is the seller known and trusted, or unknown and remote?
- Does the offer involve complex terms requiring legal explanation?
If speed and low formality matter, the buyer or account manager may deliver the offer via agreed platform or email. If the seller is remote and the transaction high-value or legally complex, estate counsel, brokers, or certified couriers are better choices. If the seller trusts an intermediary (a listing agent, channel partner), use that route to preserve relationship capital and avoid hard feelings – who delivers your offer to the seller framework.
Roles that commonly deliver offers — what each brings and what each risks
1. The Buyer or Buyer’s Representative
When the buyer delivers the offer directly, they control the message, can immediately answer questions, and signal seriousness. This is common in B2B PO submissions, small sales, and simple consumer interactions.
Pros:
• Full control of wording and timing.
• Immediate clarification of terms.
• Signals direct interest and confidence.
Cons:
• Potential for missteps in legal wording.
• Lack of perceived neutrality; seller may feel pressured.
• Less credible for very high-stakes deals.
2. Sales Representative or Account Manager
In commercial sales, account managers or sales reps deliver offers to preserve customer relationships and manage negotiation – who delivers your offer to the seller framework.
Pros:
• Continuity of relationship and easier follow-up.
• Can balance commercial and tactical persuasion.
• Usually skilled at framing concessions and anchoring.
Cons:
• May lack authority to close larger concessions.
• If not supported by legal/ops, can overpromise unconscionably.
3. Agent / Broker / Intermediary
Real estate, financial services, and some B2B markets use brokers and agents to deliver offers. The intermediary often manages multiple offers and balances confidentiality.
Pros:
• Market knowledge, negotiation expertise, and legal awareness.
• Trusted third party reduces emotional friction.
• Can manage sealed or blind offer processes.
Cons:
• Commission conflicts or misaligned incentives.
• Added cost and potential delays.
4. Legal Counsel or Contract Specialist
When offers contain complex legal terms or significant liability, lawyers deliver the offer or the formal letter of intent (LOI).
Pros:
• Ensures precise legal language and correct form.
• Creates formal record with professional authentication.
• Minimizes the risk of inadvertent binding terms.
Cons:
• Slower and more expensive.
• May increase the perceived adversarial posture.
5. Platform or Marketplace
In many online transactions, the platform mediates with built-in offer/accept flows. This applies to procurement platforms, auction houses, and marketplaces.
Pros:
• Built-in traceability and standardization.
• Automation reduces human error.
• Often supports escrow, compliance checks, and payment routing.
Cons:
• Limited flexibility on custom terms.
• Platform rules may constrain timing or negotiation mechanics.
6. Auctioneer or Public Officer
In auction or public tender settings, an auctioneer or procurement official transmits formal offers, bids, and acceptance.
Pros:
• Transparent competitive environment.
• Clear rules governing who is authorized and when bids are binding.
Cons:
• Loss of private negotiation; no opportunity for post-bid clarification.
Table: Comparative Responsibilities and Risks by Deliverer
| Deliverer | Typical Responsibilities | Evidence of Delivery | Common Legal Risks |
|---|---|---|---|
| Buyer / Rep | Draft offer, attach documents, follow-up | Email timestamp, signed PDF | Incorrect legal language, accidental binding |
| Sales Rep | Framing, negotiation, escalation | CRM record, meeting minutes | Overpromising, authority ambiguity |
| Broker/Agent | Confidential handling, presentation, bids | Broker letter, agency agreement | Conflict of interest, commission disputes |
| Counsel | Draft LOI, add legal protections | Signed legal letter, registered mail | Formalizing prematurely, stiff tone |
| Platform | Standard form, timestamped flow, escrow | Platform logs, receipts | Binding terms via default settings |
| Auctioneer | Receive/announce bid, record | Auction log, clerks’ notes | Bid ambiguity, clerical errors |
Mechanics of delivery: channels, proof, and formality
Choosing who delivers is only half the story — how the offer is delivered matters – who delivers your offer to the seller framework.
Channels to consider
• In-person delivery — handshake plus signed physical offer. Best when relationships are primary and speed is moderate.
• Email with signed PDF — ubiquitous, easy to timestamp, and widely accepted for initial offers. Use certified delivery agents for additional weight.
• Registered or certified mail — legal formality and physical proof of receipt; slower, but strong for formal notices.
• Courier or overnight delivery — physical signature and chain-of-custody proof.
• Platform submission — fastest, creates automatic audit trail, but may be constrained by templates.
• Fax — older but sometimes still used for legal time-stamps in certain jurisdictions.
• Phone or voicemail — fast but weak evidentiary value; follow with written confirmation.
Proof of delivery
For anything beyond casual offers, preserve evidence:
• Message timestamps with IP and device metadata.
• Signed acknowledgement by seller or authorized agent.
• Platform receipts and transaction IDs.
• Postal receipts showing delivery and recipient signature.
• Email read receipts + delivery server logs (note: read receipts are unreliable).
Formality ladder
Decide how formal the delivery must be and match channel + deliverer. Informal: buyer email or sales rep. Semi-formal: broker with signed submission. Formal: lawyer with registered mail or platform escrow. The higher the stakes, the higher the ladder – who delivers your offer to the seller framework.
The handoff responsibilities framework — who does what, when
A robust framework clarifies responsibilities pre-delivery, at-delivery, and post-delivery. Use these phases to avoid confusion.
Pre-delivery responsibilities
• Authority verification: confirm the deliverer has the right to make the offer (e.g., management approval, budget sign-off).
• Document completeness: attach all supporting materials (specs, proof of funds, escrow terms).
• Confidentiality: mark whether the offer is confidential and ensure NDAs are in place if necessary.
• Delivery method selection: choose channel based on speed, evidence, and seller expectations.
• Escalation plan: define who will respond if seller counteroffers or seeks clarification.
Delivery moment responsibilities
• Confirm identity: introduce who you are and state authority.
• Present the offer: use agreed template/format.
• Obtain receipt confirmation: ask for written or signed acknowledgment.
• Record the interaction: log time, participant names, and method.
Post-delivery responsibilities
• Monitor response window: track deadlines for acceptance, counteroffer, or expiration.
• Provide clarifications: allocate a point of contact to respond promptly.
• Enforce terms on acceptance: know how acceptance becomes binding in your jurisdiction and plan next steps (deposit, escrow, contract).
• Archive evidence: store delivery proof in CRM or legal repository.
A reproducible framework — the “DELIVER” mnemonic
Use DELIVER as a checklist.
D: Decide who will deliver — buyer, agent, counsel.
E: Ensure authority & approvals — internal sign-off, proof of funds if required.
L: Lock the content — complete, clear, and unambiguous offer document.
I: Identify channel — email, platform, courier, in-person.
V: Verify identity & obtain receipt — signature, platform confirmation.
E: Establish response protocols — timelines, points of contact.
R: Record & archive — evidence, CRM, legal files.
Special contexts: how “who” varies by industry
Real estate
Often a broker or agent delivers offers for residential transactions. In some markets, offers are delivered by buyer’s agent with proof of funds and pre-approval. For commercial real estate, offers may be transmitted by legal counsel or investment bankers, especially when confidentiality is required.
Key difference: Real estate often includes “offer to purchase” forms with specific acceptance mechanics—e.g., seller must sign to accept, and counteroffers create new offers.
B2B procurement and RFPs
Procurement typically demands standardized responses via a portal. Offers that bypass the portal risk being disregarded. Procurement teams often publish mandatory submission methods; failing to use them can disqualify an offer.
Key difference: the platform (procurement portal) is more often the required deliverer.
E-commerce and marketplaces
Most marketplaces have built-in “Make an Offer” or “Bid” flows. Platform delivery ensures timestamped records and integrates with payment/escrow systems. Direct contact with sellers can be acceptable but can create evidence gaps.
Key difference: platform-mediated offers are standard and often binding per platform terms.
Mergers & Acquisitions
Offers here are almost always delivered through advisors (investment bankers) and legal counsel, often with confidentiality and staged disclosure. A letter of intent or binding offer may be delivered to seller counsel or the board.
Key difference: the intermediary is central, with layers of governance and formal proof.
Negotiation and communication tactics tied to the deliverer
The deliverer influences how you frame concessions and urgency.
• If you use counsel: frame terms precisely, minimize emotional appeals, and emphasize enforceability.
• If you use an agent: emphasize flexibility, ask for soft deadlines to allow face-saving counteroffers.
• If you are the buyer delivering directly: be prepared to explain rationale and provide immediate clarifying data (P&L, references).
• If you use a platform: be aware of template limits — include references to appended documents or digital attachments.
Tactically, an intermediary can serve as a shock absorber when a seller needs to save face; direct delivery can signal strength and commitment.
Sample language templates (brief) — friendly and legal tones
Friendly, buyer-delivered (email)
Subject: Offer to Purchase [Item/Property] — [Buyer Name]
Dear [Seller Name],
I’m pleased to submit an offer to purchase [item/address] for [offer price]. Attached are the proposed terms, deposit method, and proposed closing timeline. I have the necessary approvals and can provide proof of funds upon request. Please confirm receipt and your preferred time to discuss any questions.
Warm regards,
[Buyer name, title, contact]
Formal, counsel-delivered (letterhead)
[Date]
Re: Offer to Purchase — [Item]
Dear [Seller Counsel/Seller],
On behalf of our client, we submit this offer, enclosed. This offer is subject to the terms and conditions outlined and is valid until [time/date]. Receipt acknowledgment requested. This communication is confidential and intended for the recipient only.
Sincerely,
[Lawyer name, firm]
Platform submission (short)
Offer submitted via [Platform Name] at [timestamp]. Offer ID: [####]. Terms attached.
Risk mitigation: how to avoid accidental binding or disclosure
• Avoid using words like “binding” or “agreement” unless you intend to be bound. Use “offer” and specify “non-binding” if that is your intent.
• Use LOIs and term sheets to make the conditionality clear (subject to due diligence, financing, board approval).
• Protect sensitive information in attachments; mark confidential and consider password-protection and controlled access.
• Confirm seller’s authorized representative—do not assume a random staff member can bind the seller.
• When using intermediaries, have clear written agency agreements that document authority, commission, and communications protocol.
Auditing and documenting delivery — what to keep and why
Preserve:
• The offer document (signed or unsigned) and any attachments.
• Proof of delivery and receipt (platform logs, signed courier slips, email headers).
• Internal approvals that authorized the deliverer.
• Communications about clarifications, counteroffers, and acceptances.
• Records of any funds transferred (escrow receipts, deposits).
Why: these records protect you in legal disputes, support audit trails, and help reconstruct timelines for stakeholder debriefs.
When things go wrong: common disputes and remedies
Dispute: Seller claims never received the offer
Remedy: produce delivery proof (timestamped platform log, courier signature, email headers showing delivery). If none exists, negotiate in good faith; consider mediation.
Dispute: Offer was accepted orally but no signature
Remedy: determine whether local law recognizes oral acceptance; present evidence (call logs, emails) and attempt to memorialize the acceptance. Where bindingness is ambiguous, settle quickly or risk litigation.
Dispute: Intermediary misrepresented terms
Remedy: review agency agreement and lateral communications. If intermediary breached duty, pursue contractual remedies and consider substituting for future communications.
Case studies (short, composite)
Case 1: Residential home — agent as deliverer
A buyer’s agent presented a clean, pre-approved offer to the seller’s agent in-person, with proof of funds and a modest earnest money deposit. The seller accepted overnight. The agent’s credibility and clear documentation accelerated acceptance and prevented competing bids.
Lesson: trusted intermediaries can accelerate outcomes.
Case 2: SaaS procurement — platform mandated
A vendor failed to submit their highest-value discount via the procurement portal; instead they emailed the buyer directly. The procurement rules disqualified the direct submission; buyer had to re-issue the RFP. The vendor lost the deal.
Lesson: always follow the procedural rules that govern the transaction.
Case 3: M&A LOI — counsel-delivered
Acquirer’s counsel delivered an LOI to seller counsel, explicitly marked non-binding and subject to due diligence. Seller’s board accepted the LOI; parties moved to due diligence. Counsel ensured precise language avoided inadvertent binding commitments.
Lesson: legal delivery protects both sides in complex deals.
Organizational checklist before sending an offer
• Have internal sign-offs (finance, legal, management).
• Confirm the deliverer’s authority and responsibilities.
• Choose the delivery channel that matches needed evidence and speed.
• Prepare supporting materials and proof of funds if needed.
• Draft clear response deadlines and expiration clauses.
• Ensure confidentiality protections are in place.
• Archive all delivery evidence immediately.
Quotes from practitioners
“An offer is both a legal instrument and a social act; who brings it to the table can make the difference between a deal and a stalemate.” — Anonymous corporate negotiator.
“When I see counsel deliver an LOI, I know the sender has thought through the contours; it makes a different impression.” — Senior M&A advisor.
“Platforms reduce ambiguity — every step is logged. But they can also sterilize negotiation if you need creative concessions.” — Head of Procurement, mid-market tech firm.
Final practical protocol — a 10-step sequence you can implement today
- Identify transaction type and required formality.
- Choose deliverer based on authority, relationship, and complexity.
- Secure internal approvals and sign-offs.
- Draft the offer with conditional language where needed.
- Choose delivery channel and prepare attachments.
- Send and request written receipt.
- Record delivery evidence in a central repository.
- Assign a point of contact for seller queries.
- Monitor response deadlines and follow up as needed.
- If accepted, move rapidly to contract execution and deposit handling.
Conclusion
Who delivers your offer to the seller is a decision that carries legal, commercial, and relational consequences. Selecting the right deliverer—buyer, sales rep, broker, counsel, or platform—must align with the stakes of the deal, the need for evidence, and the seller’s expectations. A disciplined framework—decide, authorize, choose channel, secure proof, and archive—reduces risk, speeds decisions, and preserves relationship capital. Use the DELIVER mnemonic and the checklists above to systematize your process so that offers become reliable levers for creating value rather than sources of avoidable conflict – who delivers your offer to the seller framework.
Five FAQs
- Who should deliver a high-value, legally complex offer?
Typically counsel or a trusted intermediary (investment banker, broker) who can present precise legal language and ensure the seller understands conditions. - Is an email enough to deliver an offer?
Yes for many transactions, but ensure it includes clear terms, a signature (digital or scanned), and a follow-up receipt; for high-stakes deals, use registered mail or a platform with an audit trail. - How do I avoid being accidentally bound by my offer?
State your intent clearly (e.g., “non-binding,” “subject to due diligence”) and avoid committing to actions without internal approvals. Have legal counsel review the wording before sending. - What proof should I keep after delivering an offer?
Keep the offer document, delivery receipt (platform logs, courier signature, email headers), internal approvals, and any follow-up correspondence in a secure repository. - Can a platform delivery be binding?
Yes — many platforms include terms that make certain submissions binding once accepted; always read platform terms and include explicit language in attachments if you mean otherwise.