Master the Back-Up Offer Process with OREF Forms 009, 009A, and 009B

In a competitive real estate market, it’s not uncommon for a seller to receive another strong offer after already accepting one. Knowing how to properly document a back-up offer—and what happens if the first transaction succeeds or falls apart—is essential for protecting your clients and keeping the transaction on track.

OREF’s Featured Form videos on OREF 009 – Back-Up Offer Addendum, OREF 009A – Seller’s Notice to Back-Up Buyer, and OREF 009B – Back-Up Buyer’s Notice to Seller walk you through this process from start to finish. Together, these three forms create a complete framework for documenting a back-up offer and the notices that follow as the transaction progresses.

Why These Forms Matter

A seller should never accept a second offer without properly documenting it as a back-up offer. Doing so could unintentionally create conflicting contractual obligations to multiple buyers. OREF 009 establishes the rights and responsibilities of the seller and the back-up buyer, clearly defining how the second-position transaction works and what happens if the first-position transaction either closes or terminates.

The companion notice forms then guide the parties through the next steps. OREF 009A allows the seller to notify the back-up buyer that either they have moved into first position or that the first transaction has successfully closed, ending the back-up offer. OREF 009B gives the back-up buyer a standardized way to terminate their second-position offer before the seller has delivered the Position Notice.

What You’ll Learn

Across these three short training videos, you’ll gain a better understanding of:

• When and how to use the Back-Up Offer Addendum
• The rights and obligations of sellers and back-up buyers
• How and when a back-up buyer moves into first position
• The notice requirements that govern the transition between first and second position
• When a back-up buyer may terminate their offer
• Best practices for managing timelines, notices, and client expectations throughout the process

Watch all three Featured Form videos to build confidence using OREF’s back-up offer forms and ensure you’re prepared when a second offer becomes part of the transaction.

Do you have an idea or suggestion for a new form or edits to existing forms? We want to hear from you! Submit your ideas to our Forms Committee here.

Always check with your principal broker or legal counsel to ensure that you are following any policy requirements of your brokerage. All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.