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Ambassador
2,408,855
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I would think it should be kept confidential if the seller wants it to be confidential.

My guess is, though, most sellers would want the first person with an accepted offer to know there is a backup waiting so they don't dilly dally or nickel & dime them.

Jan 31, 2017 04:43 PM
Rainmaker
4,550,601
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

I think it may depend on your state.  Our California purchase agreement and related documents have language that states unless otherwise agreed, a buyer's offer is not confidential.  

Jan 31, 2017 04:17 PM
Rainmaker
5,583,167
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I think the seller calls the shots on that....

Jan 31, 2017 05:21 PM
Rainmaker
2,775,046
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The best laid plans of mice & men usually backfire...I support transparency

Jan 31, 2017 04:52 PM
Ambassador
3,580,274
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

No it is not private information and is shared with all parties.

Jan 31, 2017 04:42 PM
Rainmaker
1,045,440
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

I haven't run into this but my guess is that the Seller has the right to decide one way or the other Gloria Valvasori, Accredited Senior Agent 

Jan 31, 2018 06:37 PM
Rainmaker
5,772,353
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I agree with Michael Jacobs .

Jan 31, 2017 04:36 PM
Rainmaker
664,689
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

Off the top of my head, I can't think of a reason that it would  be held as conditional (unless stated in the local contract) and the listing agent might even try to use it as leverage with the initial offer unless it has a higher net to the seller.  Now I will have to pull up the forms and take a look...

Jan 31, 2017 04:28 PM
Rainmaker
1,236,920
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

I think so....

Jan 31, 2017 04:14 PM
Rainmaker
5,095,861
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I don't know of any rules in this regard. I suppose it's really up to the seller how they want to handle it.

Feb 01, 2017 05:08 AM
Ambassador
2,678,589
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Depends upon the agency relationship between the LA and the Seller, and the laws of your state.

Jan 31, 2017 10:23 PM
Rainmaker
599,124
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Telling the first buyer could pressure them to stay on course. But it could also enable them to walk away without a guilty conscience. Tough choice.

Jan 31, 2017 09:08 PM
Ambassador
5,030,758
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Depends on what the laws say. As Michael Jacobs  points out here in California offers are not confidential unless agreed upon in writing.

Jan 31, 2017 08:23 PM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I think it is totally up to the seller. I really don't see why it would be a big secret.

Jan 31, 2017 08:04 PM
Rainmaker
1,712,551
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

It is not required here.

Jan 31, 2017 07:15 PM
Rainmaker
4,969,239
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

All states are different. In Texas not confidential

Jan 31, 2017 06:57 PM
Rainmaker
1,045,873
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I'm not following. Is the question whether to disclose that a backup offer is in place?

Jan 31, 2017 05:48 PM
Rainmaker
2,371,964
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I believe they have the right to let them know they have a back-up offer but it would not be proper to reveal any details of the offer Gloria Valvasori, ASA 

Jan 31, 2017 05:47 PM
Rainmaker
4,272,199
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

We don't have to notify as of now...

Jan 31, 2017 05:03 PM
Rainmaker
706,522
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This is up to the seller.

Jan 31, 2017 04:57 PM
Rainer
408,804
John Duke
Staging By John - Burlington, NC
We stage your home to show it at its best!

No but that really wouldn't be something that would happen in my business

Feb 10, 2018 10:05 PM
Rainmaker
5,847,480
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

It is usually divulged here, and sometimes used against the first buyer if they ask for lots of silly things on the inspection.

Feb 03, 2017 10:03 AM
Rainmaker
1,617,866
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would ask the seller since you work for him

Feb 02, 2017 05:31 AM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I don't think so. I think it would be good for the people with the first offer to know there's a backup. It might motivate them to keep moving forward with fewer issues they could bring up. This would be an advantage to the seller. 

Feb 01, 2017 03:52 PM
Rainmaker
1,497,698
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I always let the first offer know when there is a backup.  Helps keep them motivated.

Feb 01, 2017 03:51 PM
Rainmaker
4,895,635
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I would say yes.

Feb 01, 2017 02:58 PM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I believe this is at the discretion of the seller.

Feb 01, 2017 07:15 AM
Rainmaker
897,388
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

I think the agent and buyer from the first offer should be aware; it might affect how they negotiate.

Feb 01, 2017 06:30 AM
Rainmaker
1,722,326
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

That depends on the instructions from the seller to the listing agent.

Feb 01, 2017 06:21 AM
Rainmaker
5,188,610
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

With the seller's permission, disclose it. The first buyer is in control and the seller has an insurance policy!

Feb 01, 2017 05:50 AM
Rainmaker
3,415,644
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The fact there is a back up offer, no, that can be disclosed with seller approval. The price or terms though can not be disclosed

Feb 01, 2017 05:36 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Anna Banana Kruchten nailed this one!

Feb 01, 2017 04:41 AM
Rainmaker
7,784,719
Roy Kelley
Retired - Gaithersburg, MD

Follow the terms of the contract and the rules in your state.

Feb 01, 2017 04:12 AM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Depends on state laws and seller.

Feb 01, 2017 04:00 AM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Gloria Valvasori, ASA - why should this be a secret?

Jan 31, 2017 11:14 PM
Rainmaker
3,986,196
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I think that info would be under the control of the seller.

Jan 31, 2017 09:31 PM
Ambassador
6,349,430
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Good question, I would ask my broker how she would like to proceed.

Jan 31, 2017 08:03 PM
Ambassador
5,198,813
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

NO - but, names of back-up buyers and agent should not be passed along to the primary buyers & agent.  The fact that you have a back-up Offer is not a confidential piece of information in our two states (NC & SC).

Jan 31, 2017 07:43 PM
Rainer
505,742
Noel Mayer
Upper Montclair Weichert Realtors - Montclair, NJ
YOU WILL BE RIGHT AT HOME WITH NOEL !

I stopped by

Jan 31, 2017 07:43 PM
Ambassador
3,338,449
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I echo Michael Jacobs on this.

Jan 31, 2017 06:48 PM
Rainmaker
809,258
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

It may be state specific if it is considered confidential and it depends on what the contract says, if there is any specific agreement to confidentiality or not.  In general how our contracts are written it is not confidential and it is the sellers's decision if they want to disclose there is a back up offer or not. Often they do for leverage during inspection negotiating, extension requests or other things of this nature between the seller and the 1st offer buyer(s).  It also depends on what the condition is.  We have a "bump clause" which, if agreed to by all parties, allows a 2nd buyer to bump the first position buyer out and take their place in 1st position.  In that case the 1st position buyer MUST be notified in order to get the option of removing their contingency or being subject to a cancellation of the contract. 

Jan 31, 2017 05:08 PM