Don’t Accidentally Sell Your House Twice

With interest rates remaining low and nice weather making it easy for people to get out and see new properties, the housing market is likely to remain hot. This is often when we see multiple offers on a single property.

A seller’s first reaction to multiple offers is usually, “Yay! Lots of offers.” The reaction immediately afterwards is, “Dang, I priced the house too low.” The first feeling is justified; the second may not be.

Multiple offers give the seller options. More offers increases the likelihood of a higher sale price, but price is not the only consideration in determining the best offer.

With multiple offers, sellers have the luxury of choosing a buyer who is prequalified or even preapproved for a loan. The seller may also get to choose a buyer who can make an all-cash offer, one who can provide copies of bank statements to prove it.

In addition to finding a highly qualified buyer, sellers with multiple offers can compare contingencies and lengths of escrow. One offer may include no contingencies but require a 90-day escrow (that’s a long time). Another offer could require a seller to perform repairs based on a pest and fungus report, but also close with an all-cash offer in three weeks. Like I said, more offers means more choices.

Things can get a little complicated when multiple offers lead to multiple counteroffers. This is where you have to be careful not to inadvertently sell your house twice. A good Realtor will help you manage the multiple offer/counteroffer process by assuring contracts are written with clear boundaries. Your Realtor will write counteroffers on your behalf that can be withdrawn at any time, and will assure you only confirm the counter offer you want to accept.

Just so you know, you are not obligated to counter all offers or to offer the same terms in counteroffers to multiple prospective buyers. You may be willing to settle for a lower price from a buyer who doesn’t require you to pay closing costs or do repairs.

It is illegal for you or your Realtor to take into consideration anything considered a protected class at any stage in the real estate transaction. This obviously refers to race, ethnicity, and religion. It also refers to age, marital status and whether the buyers have children.

To be clear, it is NOT legal to consider the needs of a family with four kids looking at your four-bedroom house with a jungle gym in the backyard over the needs of a single elderly gentleman. However, if you fall in love with a young couple, you could give them preference over a grumpy old man, because personality is not a protected class.

After you’ve selected your favorite offer, your Realtor will be sure to cancel all other counter offers and open escrow for you. However, do not forget about other prospective buyers. One or more of whom may still see your house as their dream home. They can be encouraged to write a back-up offer, which would become the primary offer if the first offer falls through for any reason.

A certain percentage of offers do not go through for a whole host of reasons. Sometimes the highest price offer—the one that looked so good at first blush—comes with problems. Many of us tend to ignore problems when the money looks good, but we’re sorry later when the transaction falls apart. That’s when the back-up offer swoops in to save the day.

However, as your Realtor will remind you, if the first escrow fails, not only will you need formally cancel the contract, you will also need to disclose any material facts brought to light by the first buyer’s inspections.

If you have questions about real estate or property management, please contact me at rselzer@selzerrealty.com or visit www.realtyworldselzer.com. If I use your suggestion in a column, I’ll send you a $5.00 gift card to Schat’s Bakery. If you’d like to read previous articles, visit my blog at www.richardselzer.com. Dick Selzer is a real estate broker who has been in the business for more than 40 years.