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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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Wade Wright ABR, CCIPS, CMHS, CREN, CRS, ePro, GRI, MHS, NCE California Home Team Alliso Viejo, CA (949) 365-4411 00990129 Wade Wright is an active selling Broker Associate. His “hands-on” approach puts him at the forefront of all aspects of real estate, and because of his vast knowledge and experience, he has the skills to make things happen. He has been a top-producing real estate agent since 1988 with over 1,200 past clients. Wade is experienced in residential, multi-family, and land sales. His expertise ranges from residential sales to investing in real estate through a comprehensive turn-key operation that helps people build their wealth four times faster than traditional retirement planning. Wade is also a master negotiator working for his client’s very best interests. Wade and his staff are committed to helping their clients find solutions and achieve positive results in any given situation. Always in pursuit of fine-tuning his skills, Wade has taken numerous classes from many distinguished real estate professionals and colleges. In addition to his ongoing education, he has received a Bachelor of Science in Business Administration from California State University, Los Angeles, and was inducted into the National Dean’s list with honors. Wade´s impeccable reputation for professionalism, diligence, and integrity with his colleagues as well as his clients has earned him several appointments, including exchange counselor, being awarded accounts by banks to be their representative in the sale of their “Bank-Owned REO” properties, and being chosen by new home builders to sell their standing inventory of homes successfully. Wade has also helped many homeowners and banks by selling their over-encumbered properties through the “short sale” process, and his team has negotiated relocation funds for displaced homeowners.. Professional Affiliations: ABR Accredited Buyer Representative, CCIPS Certified Investment Property Specialist Institute, CMHS Certified Military Housing Specialist, CREIPS Certified Real Estate Investment Planning Specialist, CREN Certified Real Estate Negotiator, CRES Certified Real Estate Specialist, ePRO Electronic Professional Marketing Certified, GRI, Graduate Realtors Institute, NCREA National Commercial Real Estate Advisor, REO Trans Distressed Property/Bank-Owned Platinum Certification, National Association of Realtors; California Association of Realtors; Real Estate Investment Association of California, National Council of Exchangers, Orange County Association of Realtors – Selected as Grievance and Professional Standards Committee Member; Creative Marketing Association Served as Vice-President and on Board of Directors; Le Tip International Vice-President; National Commonwealth Institute. Awards: Five Star Professional 14 years in a row. The final list of Five Star Real Estate Agents is a select group, representing less than 2% of real estate agents in the area. Orange Coast Magazine annually surveys 18,800 homeowners and 250 mortgage and title companies throughout the county. Those who participated in the research provided the name of a real estate agent and rated that individual according to criteria such as integrity, communication, and customer service. The survey data was collected and scored, resulting in the list of Five Star Agents. Wade was inducted into the Global Directory of “Who’s Who in Real Estate Top Professionals” and was honored by Marquis Who’s Who for excellence in real estate services. Contact Me Visit my Website Send a Referral Subscribe to Newsletter