Special offer

Q&A: What to do if I receive more offers during negotiation? (CA)

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Real Estate Agent with Barcode Properties BRE # 01828994

Q&A:What to do if I received another offer(s) during negotiation with a buyer? 

 

Scenario: 

A seller receives an offer, counters it back, and while the seller is waiting for the buyer's response ( in CA, by default: 3 days), the seller receives another much better offer( or offers).

What happens if the first buyer comes back and ''accepts'' the counter and what to do to handle the situation correctly? 

 

The correct procedure:  if the seller would like to consider another offer, accept it or issue a multiple counter offer, by the seller's instructions, the agent has to revoke the outstanding counter offer immediately.

In CA, the agent can revoke an outstanding offer either orally or in writing. I recommend to both: call an agent explaining the situation and promptly send a follow up email about the conversation with WOO ( Withdrawal of Offer ) form attached. 

WOO CA

*Above: partial image of WOO form, read highlighted part carefully.

 

If the seller chooses to send a multiple counter offer (SMCO #1), promptly sign and send the form to each party. 

 

☎️If you are looking for a local Realtor with strong negotiation skills, thorough knowledge of real estate homeselling process from A to Z, call me know: 310-867-0698! We will discuss your options in details and find the best way of actions to protect your interests.  

 

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Inna Ivchenko

RealtorⓇ, Cal DRE # 01828994, GRI, PSC, HAFA 

Barcode Properties at Calabasas & Beverly Hills

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Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Good morning, Inna Ivchenko in MA, the home is on the market and available until the offer to purchase is fully executed.... in the middle of negotiations, if another offer is submitted, it's as eligible as the all others...the decision is the seller's as to what is accepted...

Sep 03, 2017 04:45 AM
Brian L. Sirota, Esq.

Barbara Todaro, Inna's hypothetical has the buyer accepting the counter before the better offer comes in.   That's a problem.    

Oct 09, 2017 12:19 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

We do it the same way here in Florida with the exception that the withdrawal of an offer or counteroffer needs to be on some form of writing.  Can be formal or even a text, just need a time stamp in case the original offer/counteroffer has already been accepted in which case it won't work.

Sep 03, 2017 05:29 AM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Inna Ivchenko Great informative question and answer. I get questions like this often from new agents and sellers. 

Sep 03, 2017 07:33 AM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

It sounds like a wonderful scenerio to me, providing you are that lucky seller!

Sep 03, 2017 09:33 AM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

Each State has a procedure for multiple offers. When other offers come in I leave it up to the seller as to how they would like to handle it. We do have a box on our listing agreements that the seller answers if they want us to present additional offers or not.

Sep 03, 2017 09:49 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Inna great advice Multiple Counter Offer is the way and recent the last one before anyone accepts it...Endre

Sep 09, 2017 09:22 PM
Jill Watts
Realty Pro, Inc. - Vancouver, WA
A Luxury Experience at Every Price Point!

Inna, loved how you displayed your documents there in Los Angeles.  Communication is key for sure.  

Sep 18, 2017 09:12 PM
Brenda Whitman, Live in Laramie Real Estate
Live in Laramie Real Estate, Laramie, Wyoming - Laramie, WY
Broker/Co-Owner, Laramie, Wyoming

Very good advice!  In Wyoming it would be the same but we don't have an official pre-made form for it.  I appreciate your inclusion of an example.  It is definitely useful.  Thanks!

Sep 20, 2017 07:36 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I recently read some stats and they say that the average age of a Realtor is 56 y.o. and only 3% are below 30 y.o. 

What is the most interesting: 10% of Realtors control 90% of all listings. 50% of agents do not do any sales. 

Those who get a RE license should always remember that RE is direct sales that means you have to find your customers. 

Sep 30, 2017 11:17 AM
Endre Barath, Jr.

Inna well said the hardest part is to generate clients, and 90% of the agents are scrapping for the 10% of the clients that are not in the influence of the 10% of the agents...

Oct 08, 2017 07:07 PM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

Inna, good explanation for this process. And in the end, the seller always decides how to proceed, right? 

Oct 01, 2017 08:02 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good afternoon Inna - good advice here and the take away is check with your individual state regulations.

Oct 01, 2017 11:42 AM
Brenda Whitman, Live in Laramie Real Estate
Live in Laramie Real Estate, Laramie, Wyoming - Laramie, WY
Broker/Co-Owner, Laramie, Wyoming

I love that California has an actual form for that!  I've saved it so I can refer to it when the situation arises.

Oct 04, 2017 08:41 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I had this exact situation today and the seller opted to wait and see what happens with the counteroffer. Many sellers don't think they have a choice and they do.

Oct 08, 2017 05:20 PM
Inna Ivchenko

Exactly, Debbie! 

Oct 11, 2017 09:36 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Inna, we have had multiple offers in the spring and early summer for 4 years now, and sometimes 20+ offers.    Once a buyer signs the counter here in Denver, that Seller is UC.    I usually advice the Seller to focus on one offer and one or two for back-up offers.

Oct 10, 2017 04:04 PM
Yolanda Cordova-Gilbert
Richmond, TX

Inna,

 Each state is so different I love learning about all the differences in each state hence why you should always have a professional involved!

Oct 11, 2017 12:30 PM
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This does happen, Inna Ivchenko . And we have had seller's withdraw their counter offer. In Oregon, even if the buyer has accepted the seller's counter offer, but that offer has not been transmitted to the seller's agent, the acceptance is not binding. We have acceptance upon transmission and receipt.

Oct 11, 2017 05:06 PM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

If there is a counter, and once a buyer signs the counter here in West Virginia, the Seller is UC.  Any other offers coming in after acceptance can be a backup offer.

Nov 19, 2017 06:57 PM