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Can a Seller Accept Another Offer While Under Contract?

Wednesday, August 30, 2023   /   by Marvin Centura

Can a Seller Accept Another Offer While Under Contract?

Can a seller accept another offer while under contract? If a house is under contract, can I still make an offer? These are common questions regarding what can and cannot be done while a property is “under contract” that arise when people are buying or selling property. In this blog post, we will discuss the real estate contract and address common questions such as whether a seller can accept another offer while under contract and whether it is still possible to make an offer on a house that is already under contract.


Understanding the Real Estate Contract


Before we delve into the common questions about the real estate market, it is important to first understand the real estate contract. When a seller accepts an offer from a buyer, they sign a contract that outlines the terms of the sale. The contract is a legally binding document that includes the timeline for the sale, including the closing date.


During this period, the buyer has the opportunity to conduct inspections and complete other due diligence, as well as secure financing. If any issues arise during this time, the buyer can negotiate with the seller or back out of the contract altogether.


Can a Seller Accept Another Offer While Under Contract?


Technically, a seller can accept another offer while under contract. However, doing so could result in legal consequences. Once a seller accepts an offer and signs a contract, they are legally bound to that contract until it is either fulfilled or terminated.


If a seller receives another offer while under contract, they can either reject the new offer outright or negotiate with the original buyer to get out of the contract. If the seller decides to accept the new offer and back out of the contract with the original buyer, they could face legal action. The original buyer could sue for damages, or the seller could face other legal consequences.


If the seller does back out of the contract, they may be required to return any earnest money or other deposits to the original buyer.


Can I Still Make an Offer on a House That is Under Contract?


It is possible to make an offer on a house that is under contract, but the chances of the offer being accepted are slim. When a house is under contract, it means that the seller has already accepted an offer and is legally bound to that contract.


While it is still possible to make an offer, it is unlikely that the seller will accept it unless there are extenuating circumstances. For example, if the original buyer is unable to secure financing or backs out of the contract for another reason, the seller may be willing to consider other offers.


In some cases, a seller may be willing to accept a backup offer. A backup offer is an offer that is made in case the original contract falls through. If the original contract does fall through, the seller can then accept the backup offer without having to put the property back on the market.


Final Thoughts


While it is technically possible for a seller to accept another offer while under contract, doing so could result in legal consequences. Additionally, while it is possible to make an offer on a house that is under contract, the chances of the offer being accepted are slim.


The real estate market has been hot in recent years, with low inventory and high demand driving up prices in many areas. However, some experts are predicting that the market may be cooling off in the coming months.


One factor that could contribute to a cooling off of the market is rising interest rates. As interest rates rise, it becomes more expensive for buyers to borrow money to purchase a home. This can lead to a decrease in demand and, ultimately, a decrease in prices.


Despite these potential challenges, many experts believe that the real estate market will continue to be strong in the coming years. With a growing population and a shortage of housing in many areas, demand for homes is expected to remain high.

My Home Group | Heidi Spielman Dream Homes Team
Heidi Spielman
8405 E Baseline Rd., Ste 105
Mesa, AZ 85209
480-414-8902

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