Buyers often walk away. My client just moved into first position because the first buyer just couldnt wait any longer. In the old days an offer was it and it went contingent. Active was supposed to mean the house was available. Today it may mean the agent is waiting for a call and something better before they decide, if at all, to change from active to contingent status. Your agent was either sitting on the offer or the negotiator was sitting on it and gave the agent no time to get it to you. Highly unlikely but possible. Your agent may not be staying on the ball. Can't say how you could intercept since your agent is not getting you the offer in time to counter. Clearly you need someone to work for you. Good luck with it.

Was the first offer the customer of the listing agent? You should definetly have been given more time, and should have been able to counter. Your agent (if not the listing agent) should be making your offer directly to the homeowner.

That being said a homeowner does not always take the highest offer-sometimes the terms of the offer may be better then the actual dollar amount -the customer has nothing to sell, or they are putting a large amount of money down.

You should pursue this if you really want the house. Keep me posted!

Hi Ben,
If your the backup offer on a home, you still have a chance to go into first position! With that said...you have a strong chance if its Short Sale. Because the process with the bank takes so long. Many Buyers walk away after a month or so of waiting with no answer. If the home was an REO chances are their were multiple offers from qualified Buyers and your now in second position. Then your chances may not be that great. If your looking for a great purchase you and your agent need to be ready the moment it hits the market. Good properties still sale very fast! Especially at 94534.

Ben
I am an agent in your area. Buyers use to fall through a lot in the Green Valley area, now prices have been so low the chances are lower. It all depends on the offer and the strength of the buyers qualifications.
If you were given an HOUR to make a counter offer, then your agent isnt representing you well. I have never heard of that, that is ridiculous. I am a broker for many agents, and the shortest response time I have seen is 1 business day for a counter offer.
Yes, you can intercept and put in a better offer. These are questions your agent can answer, if s/he can not, feel free to give me a call. I specialize in the 94534 zip code
Mike
916-501-9282

I will agree with Kathleen here and say that a lot depends on the sellers and the agents involved. Every transaction is different and every agent has a different opinion about what a well written offer looks like.

The best person to answer your question about "now a day's" markets is a local agent... perhaps yours? He/She can answer most of the questions you have posted here.

Generally, and this is extremely general, a buyer puts an offer on a house, if the buyer is looking at more than 1 house they may include an addendum that will put a time restriction on the seller for a reply. That way the buyer knows that they are free to submit an offer on the other house. If a counter offer is presented, it's up to the seller whether or not they want a speedy reply. Especially if there is a multiple offer situation like the one you have described. They don't want to loose the buyers waiting in the wings.

In a multiple offer situation, I strongly suggest to my buyers that this is not the place to play the "lets negotiate" game. Make your highest and best and hope the seller likes your offer best. It doesn't necessarily have to be the highest priced offer either; the terms may be what the seller is looking for. Its up to your agent to do their due diligence and find out what the seller is really looking for so you can write an offer that will be accepted over all the others.

As far as intercepting and placing a higher offer... sounds like you didn't get the house. I'm sorry to hear that, but chin up! there are lots of houses out there and I'm sure your agent will be able to find you one that is a better deal than this one... remember... everything happens for a reason.

Good luck with the house hunting and don't be afraid to pick your agents brain with these types of questions.

Daniele E. Summerfield
Wilkinson & Associates

Much here depends on the seller, the first buyer and perhaps the agent involved. Will the first fall through - maybe. Did it have contingencies ie. sell their house, get financing, inspections - did yours? Your counter should probably have been your best, but that is hindsight. DId you have a buyer's agent working in your best interest? If you did then they should be able to help answer a few of these questions better than someone on-line can.
Keep looking at other houses - there are plenty out there - you may need another option.