What Is Form 36 — Counteroffer Addendum in Washington Real Estate?

Form 36 is the Counteroffer Addendum used in Washington real estate transactions when a buyer or seller proposes changes to an existing offer.

Instead of accepting or rejecting an offer outright, one party may respond by changing certain terms of the contract. Form 36 provides the formal process for making those changes.

The counteroffer becomes part of the negotiation process and must be accepted by the other party before the contract becomes binding.

Form 36 is commonly used with the Purchase and Sale Agreement (Form 21) and other addenda when negotiating real estate transactions in Washington.


Video: Form 36 Counteroffer Addendum Explained


When Form 36 Is Used

Form 36 is used whenever one party wants to modify the terms of an offer.

Common situations include:

  • changing the purchase price
  • adjusting closing dates
  • modifying contingency timelines
  • negotiating repairs or credits
  • clarifying contract terms

Instead of writing a completely new contract, the counteroffer allows the parties to modify the existing offer.


How the Counteroffer Process Works

Real estate negotiations often involve multiple rounds of counteroffers before reaching an agreement.

A typical sequence may look like this:

  1. Buyer submits an initial offer
  2. Seller responds with a counteroffer using Form 36
  3. Buyer accepts, rejects, or counters again
  4. Once both parties agree to the same terms, the contract reaches mutual acceptance

Each counteroffer replaces the previous version of the offer unless it is accepted.


What Happens to the Original Offer

When a counteroffer is issued, the original offer is no longer open for acceptance.

Instead, the counteroffer becomes the new offer that the other party may accept, reject, or modify again.

Because of this, the negotiation process may involve several counteroffers before both parties agree on final terms.


What Can Be Changed in a Counteroffer

Form 36 allows the parties to modify nearly any term of the purchase agreement.

Common changes include:

Purchase price

Adjusting the amount the buyer will pay for the property.

Closing timeline

Changing the closing or possession dates.

Contingency terms

Adjusting inspection, financing, or appraisal deadlines.

Repairs or credits

Negotiating financial concessions or property repairs.

Each change becomes part of the final contract once accepted.


Why Counteroffers Are Common in Washington Real Estate

Real estate negotiations rarely end with the first offer.

Form 36 provides a structured way for buyers and sellers to negotiate terms until both parties reach an agreement.

Understanding how counteroffers work helps buyers and sellers navigate negotiations and reach mutual acceptance more effectively.

You can explore the full library of Washington real estate process explanations here.


Bottom Line

Form 36 is the Counteroffer Addendum used in Washington real estate transactions to modify the terms of an offer during negotiations between buyers and sellers.

FAQ

What is Form 36 in Washington real estate?

Form 36 is the Counteroffer Addendum used to modify the terms of an offer during real estate negotiations.

Who can submit a counteroffer?

Both buyers and sellers can submit counteroffers when negotiating the terms of a real estate transaction.

Does a counteroffer cancel the original offer?

Yes. When a counteroffer is issued, the original offer is no longer open for acceptance.

Can there be multiple counteroffers?

Yes. Buyers and sellers may exchange multiple counteroffers before reaching final agreement.

When does the contract become binding?

The contract becomes binding when both parties agree to the final terms and the transaction reaches mutual acceptance.