Milpitas Condo Sale Pending - Hot Sellers Market

Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

Milpitas Condo Sale Pending - Hot Sellers Market

There was a lot of interest in this Milpitas Condo for Sale.  The Seller received an undisclosed number of offers.  Sale is now pending after the Seller accepted the highest and best offer received. Details will be provided once the transaction closes.



What makes an offer the highest and best offer?

We look at the offer price which on the surface may be very appealing. We also look at  terms such as:

  • Financing - loan amount and amount of down payment
  • Current loan approval - does the buyers' lender have current financial documents on file?
  • Proof of Funds - in addition to the funds required to make the purchase - how much cash reserves does the potential buyer have?
  • Amount of deposit
  • Number of days to close escrow
  • Contingency time frames
  • Is there an appraisal contingency or is the offer not contingent upon an appraisal?

Outside of the actual offer to purchase we also look at:

  • How well the offer was written - was it complete (signed, dated, legible, etc.)
  • How well the agent represented their client (measured by communications with the listing agent and how the offer package was submitted or presented)

In a hot sellers market many buyers find the bidding wars to be more than they can compete with. Buyers who have the money and are tired of being out-bid are writing offers over asking price and waiving the appraisal contingency.

Many agents feel "forced" to waive all contingencies.  This San Jose real estate agent does not require or recommend writing offers with no contingencies. In fact, I discuss this with a seller before taking the listing and recommend that we counter offers received with no contingencies. Ultimately, the Seller decides. 

The Sellers are very pleased with the offer they accepted. The buyers and their agent are also very pleased that their offer was accepted. Interest rates are low and after months and months of looking and being out-bid the Buyers will soon be moving into their new home in a perfect location that suits their needs and wants.

If you are considering selling your Milpitas or San Jose home now is a great time to sell.

Call Kathleen Daniels today for a free market valuation and consultation.



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I specialize in probate real estate.
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Real Estate Specialist
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avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments (16)

Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Kathleen, congratulations on a contract and here's the quick and smooth closing.  I like that you bring up the different points in a contract.  No contingencies isn't always good.  I also like that you discuss this with your sellers up front  - let's them get used to the idea of what's to come.  Great job.  

Apr 13, 2013 01:26 AM
Kwee Huset
Kwee Huset Realty - Venice, FL
Venice Florida Homes For Sale

Hi Kathleen, congratulations on your  condo sale pending. Great tips on how to make the highest and best offer looks attractive to the seller.

Apr 13, 2013 01:30 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kathleen, congratulations on getting this gorgeous property under contract, and you do such a great job in preparing Sellers to what will happen and their options with offers!

Apr 13, 2013 01:43 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Juli,  Thank you!  I think the only time no contingencies is a good thing is when it is an all cash offer and the buyer intends to tear down and rebuild.  For me it is all about setting expectations. I want my clients to have a good selling experience.

Kwee,  Thank you.  Details are important. A high offer price can be misleading. 

Joan, As you know these matters can be complicated.  We understand the complexities and the pitfalls. Sellers need to know that a high price offer may come back and ask for a price reduction if the property does not appraise.  Highest in price alone is not always best.  Thank you for your comment.

Apr 13, 2013 01:57 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Just proves once again that price isn't everything.  You would think it was just based on how much attention is given to it. Glad to see this one in pending status and wishing you a speedy closing.

Apr 13, 2013 03:18 AM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

Hope all goes well with your offer and it closes without a hitch.  Congratulations.

Apr 13, 2013 05:04 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I like writing escalation clauses, which are a little different then highest/best.  But, I've seen some listings have "no escalation clauses with offer please" and I wonder why that is?

Apr 13, 2013 05:20 AM
David Burrows
Classic Realty - Fairfax, VA
No Pressure, Just Seriously Devoted to Real Estate

Kathleen, excellent post today on the subject of what makes the offer highest and best. Congratulations on the contract.

Apr 13, 2013 09:07 AM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Kathleen, congratulations on sale pending. I remember when you listed this condo, seems like yesterday! Great post on what makes an offer highest and best.

Apr 13, 2013 11:13 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Charita, The devil is in the details. I've been all cash offers with an appraisal contingency.  It's easy to see the writing on the wall!

Roger,  Thank you.  That is the plan :-D

Carla, I'm not sure if an escalation clause is the same as a contingency.  Listing agents who "strong arm" offers are utilzing a "standard of care" that E&O insurance providers expect of agents.  It's just bad business, in my opinion. 

David, Thank you!

Beth, I like to keep my listings on the MLS for one week. I had agents calling me asking if they submitted an offer for $X amount that day would I present before the offer deadline and have the seller accept the offer.  I will present all offers. It's up to the sellers to decide.  Thanks for your comment.


Apr 13, 2013 11:48 AM
Patty Da Silva, Davie, Southwest Ranches Cooper City, Plantation, Weston, REALTOR
BROKER of Green Realty Properties® - 954-667-7253 - Davie, FL
Top Listing Broker

Congratulations Kathleen on your pending sale in Milpitas! Your seller did the right thing when he/she hired you and you delivered great results, as you always do.

Apr 15, 2013 02:24 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Patty,  Thank you so much. This was a referral from an AR member.  The seller is very pleased. I can't wait to post about the details of the offer.  We expect to close on May 8th.

Apr 15, 2013 02:43 AM
David Grbich
Realty One Group - - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

Hi Kathleen - congrats on a pending home sale and great advice offered. Buyers need to step up with solid clean offers which does not mean they need to waive all contingencies unless they can and it makes sense to do so!! Regards Dave

Apr 16, 2013 01:57 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

The Texas Real Estate Commission has prohibited agent here from using escalation clauses.

Oct 22, 2013 10:16 PM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Well Kathleen, thank you for another informative post.  You always present your thoughts so well.

Jan 01, 2017 06:44 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Another well written post-- infomative and fun to read.  Keep it up!

Jan 02, 2017 06:29 AM