I have done several shortsales. This to me is a very tricky question. First, I have a question, did you get a release or at least an addendum stating that you were taking back up offers. Problem is this if Buyer #1 has put all their eggs into moving into this house then you could have a fight because. As a listing agent, I definately would not have submitted the 2nd contract because I feel at some point you have to respect the contract you have negotiating on and either wait for their counter or get a release. This could come off bad to the bank as well. The bank is looking for a sure thing with the counter, if you come with something new or a change, it could hold up your entire deal.
Second question: Has buyer #1 spent money on appraisals, home inspections, etc, if so this could get messy, definately talk to your broker or a real estate attorney.
Please do on to others as you would want them to do onto you. You may have to work with these agents in the future and they may considered this to be a problem one way or another.
Good Luck.
Vangie - Tue Jul 8 2008, 22:58