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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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Patricia (Patty) Linson CLHMS (Certified Luxury Home Marketing Specialist) Keller William Marketplace Henderson, NV (702) 353-3844 S.21590 Luxury Realtor® | Las Vegas & Henderson, Nevada Patricia (Patty) Linson is a top-rated, award-winning Realtor® known for her impeccable 5-star reputation, exceptional client care, and unmatched mastery of the Las Vegas and Henderson real estate markets. Vegas Born and Raised, Patty understands the region from the inside out—its neighborhoods, its history, its luxury enclaves, and its investment opportunities. With a long-standing career marked by consistency, excellence, and client loyalty, Patty has built a powerful track record of delivering results across every real estate category, including: • Luxury Single-Family Homes • High-Rise & Vertical Living • Townhomes & Condos • Short-Term Rental (STR) Opportunities • Investment Properties & Multi-Unit Dwellings Her clients—ranging from luxury buyers to long-term investors—consistently benefit from her ability to identify high-return opportunities, negotiate strategic advantages, and position properties for maximum value. Patty is widely recognized as a pricing expert, celebrated for her ability to bring properties to market with precision and momentum, often achieving rapid sales and top-tier returns. ⸻ Unmatched Market Expertise Patty’s deep roots, extensive market knowledge, and analytical approach allow her to offer a level of insight rarely found in today’s market. Her strategies are data-driven, intuitive, and tailored to the unique needs of every client. Whether you are purchasing your dream home, preparing a property for market, or expanding your real estate portfolio, Patty provides a seamless, concierge-level experience from start to finish. ⸻ Why Clients Choose Patty Linson • Elite negotiation skills that consistently secure favorable outcomes. • Luxury-level presentation and preparation, elevating every listing. • Clear communication that simplifies even the most complex transactions. • A vast network of trusted vendors, contractors, designers, and professionals—all personally vetted to support her clients at the highest standard. • A reputation built on honesty, integrity, and results, reflected in her continuous stream of 5-star reviews and client referrals. Patty’s clients describe her as dedicated, powerful, intuitive, knowledgeable, and relentlessly committed to their success. She brings calm to the process, clarity to the details, and confidence to every decision. ⸻ Your Las Vegas Real Estate Advantage If you’re looking for a Realtor® who offers expertise, strategy, and a truly personalized approach—someone who delivers executive-level guidance with the heart of a trusted advisor—Patricia Linson is your partner in real estate success. Serving Las Vegas, Henderson, and clients across the country through her extensive national network, Patty is ready to help you achieve your goals with precision, passion, and professionalism. Contact Me Visit my Website Send a Referral Subscribe to Newsletter