Multiple offers and counter offers

Sanjoseselle...
Home Seller
San Jose, CA

After my home was on the market for four months, I suddenly received 3 offers over the holiday weekend. None are quite what I want, so I'd like to counter-offer all three with the same terms. My real estate agent says that's okay. But, I'm concerned about the legality and risk of this. What happens if more than one accepts our terms? My agent says that we just pick the first one. But, aren't we forming a contract to sell once the buyer signs the document regardless of the time/order?

Answers (6)
Best answer: Joyce Zangme…
First to answer: Linda Baker
Lisa Schade
Agent
60031

You can always counter all three with "bring me your highest and best", no specifics. Let them know you are in a multiple offer situation. And either choose the one that comes in first, the one that comes closest to your requirements or the highest and best. It is ultimately your decision. You are the seller. But, keep in mind, you only have one home to sell.

Mon Jul 14 2008, 15:25
Sylvia Barry, M...
Agent
Marin County, CA

Good answer by all about the paragraphs 4 and 7 of the CAR Counter Offer form. Yes,it does allow you, the seller, to have the final say about which specific buyer to accept once they agree with the specific counter offer.

I disagree with the just pick the first one though - unless all three buyers are identical other than the item you want to counter back. One person might be financially more sound than the others, one buyer might show greater interest and you have greater faith that they will follow through on the sale, one person might have an experience, reputable Realtor representing them...etc. When almost all things are equal, there might still be something to distinguish them. .

Good luck. A lot of people are hoping they are in your shoes.

Sylvia

Tue Jul 8 2008, 18:59
Joyce Zangmeist...
Agent
Ventura County, CA
BEST ANSWER

San Jose Seller 1000,

Lucky you!! Three offers is a great place to be for a seller!

Fortunately you are in California and your agent is using the CAR (California Association of Realtors) counter offer form. This form has a section for Multiple Offers. If this box is checked, the three buyers and their agents are put on alert that they are in a multiple counter offer situation. In addition the three buyers are given a date and time to respond to your counter offer.

Even if all three buyers agree to the terms of the counter offer, it is you that decides which counter offer to put your approval on. You must initail in the appropriate place for your acceptance.

Don't let it become a 'foot race' to get the counter offer back to you. Consider each offer for their individual merits. Have your agent check with each buyer's lender while you are waiting for the response to the counter offer.

Congrats!

Tue Jul 8 2008, 12:25
Keith Sorem
Agent
Glendale, CA

Congratulations, you have three offers. Ask your Realtor to show you how the counter offer form works. There is a box that states "multiple Counter offers" and another place that states the counter offer is not in effect until the receipt is fully executed. Tell them you want to make sure that you don't sell to TWO people.
Also, don't be greedy. Those three offers are telliing you load and clear your home's market value.
And the highest price does not mean the best offer. You need to not only open escrow, you need to close escrow. The buyer most qualified should play a part in your decision making. Your Realtor can advise you on the merits of each offer.

Tue Jul 8 2008, 11:55
Laarni G. Omingo
Agent
Orange County, CA

Hi Sanjo...,

I echo Linda's sentiments. Furthermore, if you still can't decide which one to choose, you can always ask your agent to execute a counter offer that says "best and final offer". That way, the ball is on the buyers' court.
Good Luck,
Laarni

Tue Jul 8 2008, 09:46
Linda Baker
Agent
San Jose, CA
FIRST ANSWER

Your concerns are legitimate, but your agent has probably used a multiple counter offer form that will protect your interest. When you designate your counter as a multiple counter, even if every buyer accepts your terms, you are no in contract until you re-execute the accepted multiple counter offer. This way, you are only selling the home once, and you are able to work with the best and strongest buyer.
Congratulations on the sale, and I hope you have a smooth close of escrow.

Linda Baker
Alain Pinel Realtors

Tue Jul 8 2008, 09:41

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 165
Copyright © 2010 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback