Better Homeowners
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Rethinking Backup Offers - 3/15/2023

Like with any professional, there are tools and techniques available to help with particular situations.  They might be more popular at certain times and might even be put aside or forgotten at others. For real estate professionals, one of those is the backup offer. 

In a situation where there are multiple offers, the seller can accept any offer for whatever reasons are important to them, leaving the makers of the other offers disappointed.  There is always some uncertainty that the buyers on a contract will close accordingly.  To hedge on that possibility, the seller may choose to make a counteroffer to one or more of the other offers to be a backup should the primary contract not close.

From a buyer's perspective, the purpose of a backup offer is to be next in line to have the chance to purchase the property should the first contract fall through. The benefit is that you'll be next in line to purchase the home without having to submit another offer and possibly, get into a bidding war.  It simply moves from the first backup to the primary contract position.

The buyer in the backup position also experiences uncertainty if it will work and possibly, feeling like they could be wasting their time while waiting to hear the outcome of the first contract.  Some of these buyers will continue to look at homes in the likelihood that another acceptable or better property becomes available.

Should this situation occur, the buyer in the backup position may or may not have the ability to withdraw from their contract.  It will depend on how the agreement is written.  It is important to understand the rights and limitations, as well as when they can be exercised.

A backup offer can lock you into a binding contract until the primary contract's buyer is approved and closed or until it fails to close and the backup buyer becomes the primary.  The backup may or may not have a unilateral way to withdraw the offer prior to one of these outcomes.

Considerations that need to be understood by sellers and buyers alike are:

  • Can a buyer in a backup contract unilaterally withdraw at any time?
  • Will the earnest money be deposited on a backup offer?
  • Will the timelines for contingencies like mortgage or inspections need to be made before becoming the primary contract?
  • Will there be any fees incurred by the backup buyer?

Sellers sometimes use a backup offer to apply leverage to the primary contract's buyer.  For instance, if the seller feels the buyers' demands on repairs are too high, the seller might say something like "if you're not willing to accept it 'as is', I have another buyer waiting to do so."

Many buyers, as well as their agents, don't want to obligate themselves to a back-up offer.  However, in certain situations, it is a good tool to have the opportunity to purchase a home that meets their needs.

In the highly competitive market experienced in 2021 and part of 2022, some buyers may have been reluctant to use a backup because of the slim possibility that it would become the primary.  With the shift in the market due to the interest rate increases, a backup offer could be a viable tool to get the home of your dreams.

Your real estate professional can help you understand the advantages and disadvantages of backup offers.  Recognizing that contracts are legal and binding agreements, you can also consult an attorney who can confer with your agent to understand the situation.  

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Amanda Robins C2EX, AHWD, CPS Keebaugh and Company Longview, TX (903) 445-6940 647221 I am proud to be a part of a select group of real estate professionals at Keebaugh and Company, where I can serve all of your real estate needs. As a Broker Associate, a member of the National Association of Realtors and Texas Realtors, I believe in and uphold a strict Code of Ethics. As a tech savvy agent who is ready to provide you with the advantage you deserve, your satisfaction is my priority. Buying or selling real estate is the biggest transaction most people will undertake in their life, and it should not be taken lightly. If you are looking for someone who can offer personalized care with integrity to provide results you can count on, it would be my pleasure to assist you. My goal is to remain committed to providing excellent and comprehensive service. Because buying or selling a home is a major financial commitment and lifestyle decision, you should select a real estate sales agent that has a proven reputation for excellence. I am a consistent multi-million-dollar top-producing agent with the knowledge and expertise that hundreds of training hours afford. Guiding clients toward a successful sale requires attention to detail, communication, consistent follow through and efficiency. Personal: I am married to Larry, we have 2 daughters, and our home cheers on the Spring Hill Panthers. I am a transplant from the DFW metroplex but have made East Texas my home since 2005. Community Involvement: My job would be so difficult without the trust and confidence of members of my community. Therefore, I believe in reciprocating that support by giving back to our local community. Our whole family serves in various programs at our church. I am a member of the Spring Hill ISD PTA, serve as a room mom and volunteer at the Intermediate campus. I am a Photography Assistant for Now I Lay Me Down To Sleep, which provides remembrance photography to parents suffering the loss of a baby. I also serve on the Longview Area Association of Realtor’s Board of Directors, currently serving as Vice-Chair; I chair the association’s MLS Committee and sit on the Texas Realtors’ Professional Standards Committee. Contact Me Visit my Website Send a Referral Subscribe to Newsletter