Can you put in an offer on a house that’s under contract? Yes, you can submit a backup offer.
What do you do if the house that you have fallen in LOVE with suddenly goes under contract? You submit a backup offer and hope the first buyer terminates the contract. You will then be able to buy the house you LOVE.
What’s a backup contract?A backup contract is an executed contract that is in the second position. It becomes the primary contract if the first contract is terminated.
How does a back-up contract work? You negotiate all terms of purchase with the seller. A back-up contract addendum is part of your executed contract. Now you sit back and wait to see if the buyer of the first contract terminates. You must still provide earnest money to the title company and an option fee to the seller. Both checks will be deposited / cashed.
What happens when the first buyer terminates the contract? You are now the buyer and your contract is the primary contract. You proceed forward with fulfilling the obligations of that contract. The obligations include having the property inspected, ordering an appraisal, securing a loan, and closing on the property.
What happens when the first buyer closes on the property? Your backup contract terminates. Your earnest money will be refunded. But your option fee is not refunded. Since your option is not refunded, you should negotiate a lower option fee in your backup contract.
If you are willing to pay the seller more than the first buyer, can the seller terminate the contract? Unfortunately the answer is NO. The buyer can terminate the contract but the seller can not terminate the contract. The seller can attempt to persuade the buyer of the first contract to terminate by being less willing to negotiate repairs with the first buyer. But even if you were willing to pay the seller more for his Spring TX house than the first buyer, the seller can not terminate the first buyer’s contract.
Jill was phenomenal during every step of selling my father's home. This process was extremely difficult for me, as... read moreJill was phenomenal during every step of selling my father's home. This process was extremely difficult for me, as my father passed away last year. Jill listened to EVERY story I had, and there were a lot of them! She allowed me to share the memories of the house, which helped me prepare to let it go.
She is very knowledgeable in what to and what not to do in regards to getting the home ready to sell, what to tackle during the negotiation process and she made the closing extremely convenient. She was thoughtful enough to place the "sold" sign on the property a week in advance, to allow me time to process it all.
Paying constant attention to what is happening around your listing is one of JIll's many strengths. Her goal is to get you the most money for your property, and she has different strategies to that end result.
I not only gained a new realtor, but in JIll, I also gained a friend! I will be forever grateful for her through this tough process and I know my Dad would have loved her! "Thanks," will never be enough! read less