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Handling Competing Offers Under OREF 083

Q: My seller has accepted an offer that includes OREF 083 – Buyer’s Contingent Right to Purchase Addendum. Today, the seller received another offer without a sale contingency that my seller would very much like to accept. What are the next steps?

A: Under Section 7, if the seller receives and accepts another written offer before the buyer removes their sale contingency, the seller can deliver OREF 083B – Contingent Right to Purchase Notice to Buyer to the buyer. Once the buyer receives that notice, they have one calendar day to respond by either removing their contingencies or terminating the transaction.

It’s important to note that an “acceptable written offer” does not mean simply receiving another offer. Under lines 50–51 of Section 7, the seller must actually accept the second offer, in back-up position, before issuing the notice to the buyer.

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.