Avoid Double Jeopardy with Back-Up Offers

OREF 009 – Back-up Offer Addendum should be used as part of a counteroffer whenever a seller considers accepting a second offer while already under contract. It helps protect the seller from “double jeopardy” (agreeing to sell the same property to two buyers), and it helps protect agents from license claims (agents have been disciplined in this situation). If you’re representing the second buyer, you should include the addendum with your offer to set clear expectations and to eliminate the need for a seller’s counteroffer.

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