I can only repeat what everyone has said. The first contract is legally binding. You can ask to put in a back-up offer. Houses fall out all the time. Go to my site to get great "Bank Owned Deals"!

If this house doesn't work out you can see all my coming soon listings at my website
or call me at 623-414-3388 with any other questions you might have.

Hi Tom,

I have two questions for you:

Is the house actually under contract, meaning the seller has accepted the offer in writing, or has an offer been made but possibly not accepted by the seller yet?

Second, if you're not currently working with a realtor I would love to look up the details of that property and see if there are any other homes in the neighborhood with the same floor plan currently for sale. If there isn't one currently on the market I can find out if anyone with that floor plan is planning on selling in the near future and help you purchase one even before it goes on the market.

Just let me know how I can help! Good luck!

Alisa Grosvenor
Arizona Realty ONE Group
Direct: 480-650-7941
alisa@yourazexecutive.com http://www.yourazexecutive.com

Well Dana is right. All you can do is put yourself in 2nd position as a backup buyer. Sorry!

But ... let's say that you really want this house and you'll pay more than the current offer. Here's how you might play this and still end up getting that house. It's devious but legal.

If the Seller KNOWS that he's got your back-up contract in his pocket and it's a better offer than what he's got now ... After the inspection from the current buyer - the buyer will go to the seller with a list of stuff to be done and say, "hey you need to come down $2500" because of these issues". The Seller (knowing he wants your better offer) can now say to them, "Nope - I'm not giving you one red penny. Take it or leave it". In this case, the buyer may well walk away (they are allowed to).

Now ... your back-up contract becomes the primary! The real trick is translating this understanding to the Seller, without their own agent getting in the way of it. The Sellers agent will not want to be involved in this strategy as it gets in the way of a quick sale for them.

Well ... they might like it if you use them as a dual agent ... double commission!!!

Sorry for being devious - I'm from NY. Who knows if the Seller will want to go along with it? Even if they do - the buyer CAN go through regardless. Ultimately this strategy depends on them staying with it even when the seller doesn't negotiate any further.

The contract that exists is legally binding,but your agent can ask the listing agent if they will take a backup contract.