Expert Advice

Can I Make an Offer on a Property if it's Already Under Contract?

A client asks:

Can I make an offer on a property if it's already under contract?

If a property is under contract, we cannot show you the property without the listing agent's express permission (which they are unlikely to give), but we can put what's called a "back-up offer" in, which means if the primary contract falls through, the seller will consider your offer.

We don't generally recommend this for several reasons:

  1. Contracts rarely fall out, and if they do, there's often a good reason - for example, the property might have failed a home inspection.
    You don't want to be obligated to a contract you submitted on a property that might have problems.
  2. If the property does fall out of contract, you might have changed your mind, and by the time the seller accepts your back-up offer, you might not want to follow through with the contract.

We feel a better approach is to have us:

  1. Contact the listing agent to understand how strong the current contract is
  2. Have us track the property to see if it falls out of contract.
    If it does, that is a good time to make an offer






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