Backup Offers: What are They and How do They Really Work?

In his latest special to Palisades News, Anthony Marguleas explains backup offers. Photo: Getty Images.

By Anthony Marguleas
Special to the Palisades News


What is a backup offer?

When there is an accepted offer on a property and another buyer wants to be in backup position, they can make what’s called a backup offer. You can be in backup position #1, 2, 3, 4, etc. A backup offer provides numerous advantages, yet many buyers are not familiar with the benefits.

When a home is in escrow, many buyer’s agents and buyers decide to wait for it to fall out of escrow before putting in an offer. What they may not realize is if you make a backup offer and the owner accepts it, then the owner must legally take your offer if the original offer falls through.

If you were to wait for the home to come back on and then write an offer you risk getting in a bidding war with other buyers. There are always significantly fewer buyers competing for backup position.

How does one write a backup offer?

The buyer’s agent writes a standard offer and then attaches a one-page backup offer addendum to it signifying what order of backup it will be – #1, #2, etc. Also the buyer’s agent signifies how long the backup offer will be vaild – typically at least 30 to 45 days.

What does it cost to put a backup offer in?

Unlike a standard purchase where you must put up a 3 percent deposit once a regular offer is accepted, there is no cost for making a backup offer. So you could write backup offers on a couple properties. Also once your backup offer is accepted you have legally tied up that property with no money.

What are some advantages to a buyer?

We have successfully represented many buyers by being in backup position and are very familiar with the benefits to buyers. Because you do not need to make a deposit when you make a backup offer, you could be in backup on more than one property at the same time. You can withdraw from backup position at any time up until you are given a written notice of cancellation of the first offer.

With 25 percent of escrows falling out, being in backup position is a smart move. Once a seller accepts in writing your offer as backup # 1, the seller must legally take your offer next if the current buyer were to fall out of escrow – even if someone were to offer $50,000 or $100,000 more than your offer.

Are there any downsides?

Some people are concerned a backup offer may solidify the first offer. For example, if the current accepted offer wants to renegotiate some credits or repairs from the seller, the current buyer may think twice if they know there is a backup offer on the property. This can happen but some properties fall out of escrow due to financing issues.

Do backup offers also benefit sellers?

There are benefits to the seller. For example, when a home falls out of escrow, there tends to be a stigma attached to the property. This means the seller runs the risk of selling for less when the property comes back on the market. If there is a built-in backup buyer then the property easily transitions from one buyer to another and never officially comes back on the market in the MLS.

Anthony Marguleas is the broker/ owner of Amalfi Estates. For the past 25 years he has successfully helped 1,000 families and sold over $1 Billion in real estate. He has 150 five-star reviews on Yelp and Zillow and has ranked the #1 Palisades agent based on number of sales and dollar volume for the past 5 years. Contact: (310) 293- 9280 and Anthony@amalfiestates.com.

in News
Related Posts

County Supervisors Move to Preserve Measure J Amid Charter Error

July 11, 2025

July 11, 2025

Measure J mandates that at least 10% of the county’s locally generated, unrestricted funds be allocated to community investments like...

Pepperdine Announces 2025-2026 Arts Season with Diverse Lineup

July 11, 2025

July 11, 2025

The lineup includes a mix of dance, music, theater, and art exhibitions across the Malibu campus Pepperdine University’s Lisa Smith...

(Video) Summer Camp at School of Rock West LA Turns Kids Into Rockstars

July 11, 2025

July 11, 2025

To Sign Up Now, Go To Schoolofrock.com Summer Camp at School of Rock West LA Turns Kids Into Rockstars. To...

L.A. Louver Marks David Hockney’s 88th with Exhibit

July 11, 2025

July 11, 2025

Hockney, a British artist born in 1937, gained fame with the British Pop Art movement and later became known for...

California Seizes $476 Million in Illegal Cannabis

July 11, 2025

July 11, 2025

The operation, described as UCETF’s largest to date, involved support from multiple state agencies The state confiscated $476 million worth...

TONIGHT: Theatre Palisades Debuts Disney’s Descendants Musical

July 10, 2025

July 10, 2025

The plot centers on a struggle to choose between a wicked legacy or a path to goodness A stage adaptation...

Angelini Grill Opens Limited Run at Peninsula Beverly Hills

July 10, 2025

July 10, 2025

The menu includes tableside Dover Sole, lobster salad, and a signature pasta tasting A new culinary collaboration, Angelini Grill, launched...

The Bar at Century Plaza to Celebrate National Caviar Day with Exclusive Tastings

July 10, 2025

July 10, 2025

The seven-hour event will feature exclusive caviar tastings and champagne pairings The Bar at Fairmont Century Plaza will host a...

Father-Daughter Authors to Host Book Signing to Aid Fire-Affected Women

July 10, 2025

July 10, 2025

Ten percent of proceeds from book and art sales will benefit the Pacific Palisades Rebuilding Fund, a nonprofit initiative created...

Metro Reports Crime Drop, Higher Rider Satisfaction, and Progress on Major Projects

July 9, 2025

July 9, 2025

The Authority said the drop in violent incidents—down to the lowest level since May 2019—coincided with more uniformed personnel and...

Over $100M Allocated for Affordable Housing in Wildfire Recovery

July 9, 2025

July 9, 2025

Applications for the first phase of funding open July 21 with a deadline of August 21 at 4 p.m. Six...

Santa Monica Council Votes in Support of Park-Centric Future at Airport Site

July 9, 2025

July 9, 2025

The decision followed a contentious meeting with over 140 public speakers and more than 1,000 emails received by the council...

‘Adoptapalooza’ Pet Adoption Festival Returns to Main Street This Weekend

July 9, 2025

July 9, 2025

The free, family-friendly event aims to connect adoptable animals with new owners Green Dog Dental & Veterinary Center will host...

New Agenda Coaching: Changing Lives in LA

July 8, 2025

July 8, 2025

Students Work Toward Applied Success with Executive Function Coaching Services The demands of daily routines and studies sometimes bear weight...

New Playground, Library Services, Tennis Courts and More Coming to Palisades Rec Center 

July 8, 2025

July 8, 2025

Significant improvements are in progress at the Pacific Palisades Recreation Center, with multiple projects advancing Significant improvements are in progress...

Comments
Leave a Reply