I have encountered this question a few times recently, so I thought I would write a brief explanation. First, let me clearly say that in the great State of Texas, there can only be one fully executed contract on a property at a time. Now for the part that seems to create confusion. When dealing with residential real estate, an offer is generally submitted on a contract form and the agents have a habit of referring to offers as contracts. So you may hear that “we have received multiple contracts on this property”. What is really being said is that there are multiple offers. An offer, even though it is submitted on a contract form, does not become a contract until both Buyer and Seller agree to every term and fully execute the document. Then, to remain a valid contract, the terms specified in the contract must be executed. On of the first of these terms is the deposit of earnest money. So, when I represent a Buyer and I hear that “there is a contract on the property”, I always ask if it has been fully executed. If the answer is “no”, then it is only an offer, and there may still be a chance for my Buyer to get into the mix. Now for the multiple offer scenario. As a listing agent, it is always my objective to attract multiple offers on a property. This creates a bidding war environment. When I receive the first offer, I will call other agents who have expressed interest in the property and let them know that we have received an offer. My hope is that it will move their client to action to also submit an offer. If we can get two or more in play at the same time, the outcome is usually better for the Seller. As a Buyer’s agent, I extend offers that ask for a very quick response to keep the above scenario from happening. If my Buyer’s offer is the only offer in play, that tends to make the negotiation go better for the Buyer. But at the end of the negotiations, there is only one contract that will get fully executed. The other party may wish to enter into a back-up position. If the first contract does not close, the back-up contract immediately moves into first place without the property going back to market. Finally, there can be only one back-up contract. After a back-up contract has been executed, any other offers received remain “in limbo” until something happens to the first contract. If the first contract fails to close, the back-up contract moves into first place. If there are still other offers that have come forward, one of these can be selected to go into the back-up position. This continues until the property sale closes. It is rare to have this much interest in a property, but occasionally it does happen. I have had success in closing back-up contracts from both the Listing and the Buying position. I hope this provides some clarity on the issue.
Author:Pam Gossick Phone: 214-239-1889 Dated: February 3rd 2014 Views: 1,264 About Pam: Since Pam was born in Dallas she has knowledge of all areas of the Metroplex.
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