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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Why when I want to put in a back up offer on a Short Sale or

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Why when I want to put in a back up offer on a Short Sale or Foreclosure property will the listing agent/broker refuse to accept it and/or my own agent refuse to submit it? I am being told that if someone has presented an offer already then therefore the property in question is considered active with contract and I can not make any offer. I know that if I were attempting to sell a property I'd want to get the best offer that I could for it and therefore would want to know about any and all additional offers before actually accepting any offer. The reason for this question is that I have recently lost out on properties I wanted and I am looking on how to get around this situation as I go forward in trying to purchase a home. Thank you.
Larry Hubbert ([email protected])

Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help.



I know of no general restriction for the listing agent/broker to refuse to accept an/or refuse to submit a back up offer. The only explanation I can think of is that the short sale seller and buyer might have signed a short sale addendum to not allow back up offers. However, if that short sale addendum allows the seller to accept backup offers and send those offers to the bank, you might be a in a position to persuade the seller/agent to submit your offer to the bank.


Also, listing agreements may contain a provision that once the seller has executed a purchase contract with a buyer the listing broker has no obligation to continue to present offers to the seller. Also, possibly it has to do with the commission rate/agreement.


Note, it is legal for a seller to refuse to present additional offers to their lender for approval, even if those offers are higher. The lender, however, is an essential party in these transactions so sellers should ensure that they understand the lender’s preferences or requirements when processing a short sale for a borrower/seller. Realtors should remember that the seller is still the legally responsible person so unless their direction is illegal or contrary to the lender’s instructions they should follow their direction. So, it seems that there may be particular agreements that are in place that is the reason why they are not accepting back up offers.


I hope this response answers your question. If you need clarification or have a follow up question, please let me know. Best regards, Damien

Damien Bosco and other Real Estate Law Specialists are ready to help you
Hi Lawrence,

I just want to thank you for giving me a positive rating. I am here to help you in the future also. You can request me by name the next time and I will be notified. Also, you can bookmark my profile and ask me a question that way. Here is the link:

Either way, I am always happy to help.

Best Regards!

Damien Bosco