Can I accept a backup offer?
Can You Accept a Backup Offer and Still Close? Here’s What Most Sellers Miss.
Quick answer
Yes — you can accept a backup offer. It doesn’t replace the first signed contract unless that contract is terminated. A backup offer sits behind the accepted offer and becomes active only if the primary deal fails. That simple fact changes how you negotiate, manage risk, and price your property.
What a backup offer actually is
A backup offer is a written, signed offer from another buyer that becomes enforceable only if the current accepted contract is discharged. It’s common in competitive markets and smart sellers use them to reduce downtime and protect their expected sale proceeds.
Legal reality and seller rights
Once you accept and sign a firm offer, you have a binding contract. You cannot simultaneously close two contracts. But you can hold a backup offer — and yes, you can accept it in writing. The backup only takes effect when the first contract is legally terminated (for example, a condition isn’t met or the buyer withdraws). Always document dates, expiry, and deposit terms.
When accepting a backup offer makes sense
- Multiple offers but you want certainty if the top offer falls through
- The top offer has risky conditions (financing, subject to sale)
- You want backup offers to push buyers to perform faster
- You want to reduce the risk of re-listing and time on market
How to structure a strong backup offer
- Require a meaningful deposit to show commitment
- Set a clear expiry and method for activating the backup
- Define the condition that triggers activation (e.g., discharge of primary contract)
- Avoid ambiguous clauses — clarity prevents disputes
Negotiation tactics that work
- Use backup offers to create urgency in the primary buyer.
- Keep backup offers clean: fewer conditions make activation smoother.
- Price backup offers competitively but don’t undercut your position.
- Ask for a higher deposit from backup buyers — it proves intent.
Practical steps for sellers (checklist)
- Ask your agent to prepare a written backup offer form.
- Verify deposit funds are available before accepting.
- Set a strict expiry and notification process.
- Keep records: signed forms, emails, and communication logs.
- Consult your lawyer for jurisdiction-specific wording.
Common pitfalls to avoid
- Accepting oral backup offers — put everything in writing.
- Relying on vague activation language that invites legal fights.
- Forgetting to clear the backup when the primary closes.
Final word and next step
Backup offers are a tool, not a loophole. Used right, they protect your sale and keep momentum. Used sloppily, they create legal headaches.
Want a tight backup offer that actually works in the market? Contact Tony Sousa for a fast review of your offers and negotiation strategy: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
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