Earnest-money offer form (sample)
不動產買賣斡旋書（參考範例）
What you sign when you make an offer with earnest money: price, holding period, refund and what happens once the seller accepts.
The English text was produced with AI assistance and reviewed for meaning, but it is not a certified translation. Only the Chinese original is legally binding. Ask your adviser before you sign anything.
不動產買賣斡旋書（參考範例）
本範例由富盛地產依常見實務整理，僅供閱讀參考，非政府公告範本；實際簽署以門市提供之正式文件為準。Real Estate Purchase Offer with Earnest Money (Reference Sample) This sample was compiled by Fusheng Real Estate based on common practice and is for reading reference only. It is not a government-published model form; the formal document provided by the branch office shall govern actual signing.
第一條 買賣標的Subject of the Purchase
Chinese original買方委託不動產經紀業（以下簡稱「經紀業」）就下列不動產向賣方進行斡旋： 一、門牌：__縣（市）__區__路（街）__段__巷__弄__號__樓。 二、土地：__段__小段__地號，權利範圍__。 三、建物：建號__，權利範圍__；車位□有（編號__）□無。 買方已收受並審閱該不動產之不動產說明書。
English (AI-assisted)The Buyer entrusts the real estate brokerage firm (hereinafter the "Brokerage") to negotiate with the Seller for the following real property: 1. Street address: No. __, Floor __, Alley __, Lane __, Section __, __ Road (Street), __ District, __ County (City). 2. Land: Lot No. __, Subsection __, Section __; ownership share __. 3. Building: Building No. __, ownership share __; parking space □ Yes (No. __) □ No. The Buyer has received and reviewed the Real Estate Disclosure Statement for the property.
What it means：This identifies exactly which property the offer covers. Check that the address, lot number, building number, ownership share and parking space match the land registry transcript, and make sure you actually received the Real Estate Disclosure Statement before signing.
第二條 承購總價款Total Offer Price
Chinese original買方願以新臺幣__元整（含土地、建物及車位）承購本標的。
English (AI-assisted)The Buyer offers to purchase the property for a total of NT$__ (including land, building and parking space).
What it means：This is the full price you are offering, and it includes the parking space. If the Seller signs to accept, this price becomes binding, so write only a price you are prepared to pay.
第三條 斡旋金Earnest Money
Chinese original買方於簽署本斡旋書時交付斡旋金新臺幣__元整，由經紀業代為保管，並開立收據。斡旋金非價款之一部分，於賣方同意本斡旋條件前，不具定金性質。
English (AI-assisted)Upon signing this Offer, the Buyer shall deliver earnest money of NT$__, which shall be held in custody by the Brokerage, and the Brokerage shall issue a receipt. The earnest money is not part of the purchase price and does not have the nature of a deposit (定金) until the Seller agrees to the terms of this Offer.
What it means：Earnest money (斡旋金) is held by the agent to show you are serious. Until the Seller accepts, it is not a deposit and is not forfeitable as one. Always get a written receipt.
第四條 斡旋期間Negotiation Period
Chinese original斡旋期間自民國__年__月__日__時起至民國__年__月__日__時止（實務常見為三日）。期間屆滿賣方未同意者，本斡旋書失其效力。
English (AI-assisted)The negotiation period runs from __ o'clock on __ (month) __ (day), ROC year __ to __ o'clock on __ (month) __ (day), ROC year __ (commonly three days in practice). If the Seller has not agreed by the end of the period, this Offer shall cease to be effective.
What it means：Your offer is open only for this window. Dates use the ROC (Minguo) calendar: add 1911 to get the Western year. If the Seller does not accept in time, the offer lapses automatically.
第五條 斡旋成立Acceptance of the Offer
Chinese original賣方於斡旋期間內簽認同意本斡旋條件時，買賣契約即為成立，斡旋金當然轉為定金（依民法第二百四十九條處理），雙方應於__日內至__簽訂不動產買賣契約書。
English (AI-assisted)If the Seller signs to agree to the terms of this Offer within the negotiation period, the purchase and sale contract is formed, and the earnest money shall automatically convert into a deposit (定金) (to be handled under Article 249 of the Civil Code). The parties shall sign a real estate sale and purchase contract at __ within __ days.
What it means：Once the Seller signs, the deal is legally formed, even before the full sale contract is signed, and your earnest money becomes a deposit. Check the deadline and place for signing the formal contract.
第六條 斡旋不成立及退還Non-acceptance and Refund
Chinese original斡旋期間屆滿賣方未同意，或賣方不同意本斡旋條件時，經紀業應於__日內將斡旋金無息全數退還買方。賣方同意前，買方得以書面撤回本斡旋，經紀業應無息全數退還斡旋金。
English (AI-assisted)If the negotiation period expires without the Seller's agreement, or the Seller does not agree to the terms of this Offer, the Brokerage shall refund the earnest money in full to the Buyer, without interest, within __ days. Before the Seller agrees, the Buyer may withdraw this Offer in writing, and the Brokerage shall refund the earnest money in full without interest.
What it means：If the Seller does not accept, you get all your earnest money back, without interest, within the stated number of days. You can also withdraw in writing at any time before the Seller accepts.
第七條 成立後之違約Breach after Acceptance
Chinese original斡旋成立後，買方不買者，定金由賣方沒收；賣方不賣者，應加倍返還定金予買方。雙方另有約定者，從其約定。
English (AI-assisted)After the Offer is accepted, if the Buyer does not proceed with the purchase, the deposit shall be forfeited to the Seller; if the Seller does not proceed with the sale, the Seller shall return the deposit to the Buyer in double. Where the parties have agreed otherwise, such agreement shall prevail.
What it means：After acceptance, backing out is costly: a buyer who walks away loses the deposit, and a seller who walks away must pay back twice the deposit. Read any other agreed terms carefully, because they override this rule.
第八條 貸款條件（買方可自行勾選）Loan Condition (to be checked by the Buyer)
Chinese original□買方需辦理貸款，如金融機構核貸金額低於總價款__%，買方得解除本斡旋，斡旋金（或定金）無息全數退還。 □不附貸款條件。
English (AI-assisted)□ The Buyer needs to obtain a loan. If the amount approved by the financial institution is less than __% of the total price, the Buyer may rescind this Offer, and the earnest money (or deposit) shall be refunded in full without interest. □ No loan condition.
What it means：If you depend on a mortgage, tick the first box and fill in the percentage. This lets you cancel and get your money back if the bank lends less than that share of the price. If you tick "No loan condition", a low loan approval will not excuse you.
第九條 要約書之告知Notice Regarding the Offer Form
Chinese original經紀業於收受斡旋金前，已以書面告知買方：買方得選擇以內政部版「要約書」代替支付斡旋金，兩者擇一。買方確認已知悉並自行選擇支付斡旋金。
English (AI-assisted)Before receiving the earnest money, the Brokerage has informed the Buyer in writing that the Buyer may choose to use the Ministry of the Interior's "Offer Form" (要約書) instead of paying earnest money, and that the Buyer must choose one of the two. The Buyer confirms being aware of this and has chosen, of the Buyer's own accord, to pay earnest money.
What it means：Taiwan law lets you make an offer with a government Offer Form, which requires no money up front. By signing, you confirm you were told about this option and chose to pay earnest money instead.
第十條 其他約定Other Agreements
Chinese original__________（例：交屋日期、附贈設備、現況瑕疵修繕等）。
English (AI-assisted)__________ (e.g., handover date, included fixtures and appliances, repair of existing defects).
What it means：Write any special conditions here, such as the handover date, items left in the home, or repairs the Seller must make. Anything not written down is hard to enforce later.
Signatures and attachments
The signature block records the Buyer's identity and contact details and the licensed broker responsible for the offer, including the broker's certificate number, which you can verify. The Seller's acceptance line, with the exact date and hour, is the moment the deal becomes binding and the earnest money turns into a deposit, so make sure it falls within the negotiation period.
立斡旋書人（買方）：__ 簽章 身分證明文件編號：__
地址：__ 電話：__
不動產經紀業：__ 經紀人：__ 證書字號：__
賣方同意欄：本人同意上開斡旋條件。賣方：__ 簽章 日期：民國__年__月__日__時Offeror (Buyer): __ Signature/Seal Identification document No.: __ Address: __ Telephone: __ Real estate brokerage firm: __ Real estate broker: __ Certificate No.: __ Seller's acceptance: I agree to the above offer terms. Seller: __ Signature/Seal Date: __ o'clock, __ (month) __ (day), ROC year __
The English text was produced with AI assistance and reviewed for meaning, but it is not a certified translation. Only the Chinese original is legally binding. Ask your adviser before you sign anything.
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