Skip Navigation
StreetEasy Logo

offer accepted but still looking

Started by gamja78
over 17 years ago
Posts: 5
Member since: Mar 2008
Discussion about
I just wanted to hear people's thoughts on looking after an offer has been accepted. Is this normal? I'm currently in this situation myself and I've found something that is so much better than the condo I have an offer out on. No contracts have been signed so legally, I think I'm alright but ethically, I feel like I'm cheating.
Response by ccdevi
over 17 years ago
Posts: 861
Member since: Apr 2007

Perfectly acceptable, don't worry about it. That's not to say I condone just throwing out offers with no intention of backing them up but you're acting in good faith and in your own interest. Just as it would be ok if the seller dropped you for another bid, you have no obligation (legal or otherwise) to proceed until there is a signed contract.

Ignored comment. Unhide
Response by gamja78
over 17 years ago
Posts: 5
Member since: Mar 2008

Thank you for your response! I'm feeling a bit better =)

Ignored comment. Unhide
Response by barskaya
over 17 years ago
Posts: 190
Member since: Jan 2008

During seller's market, owners were accepting offers, and by the time you get your buyer to the attorney's office to sign the contract, they call you saying: "Sorry, we have better one. Match it or there is no deal..."

There was an article in NY Times Sunday couple of years ago about one of the Chirches in Manhattan, doing same thing. And when buyer asked: "How come? This is chirch, you accepted my offer...", the answer was: "Sorry, it's just buisiness"

So, if you found something better - go for it. It's absolutely normal to look after your best interest.

Elena
(broker)

Ignored comment. Unhide
Response by malraux
over 17 years ago
Posts: 809
Member since: Dec 2007

No signed contract fully executed by both parties? No deal. The seller should also still be showing as well until it's all signed, sealed, and delivered.

Ignored comment. Unhide
Response by kylewest
over 17 years ago
Posts: 4455
Member since: Aug 2007

If the seller were interested in finalizing a deal, the seller would have that contract in your hand ASAP so you could begin due diligence, have an attorney review the contract, for you to sign it, and then get it to the seller to make it a binding contract by countersigning it. Until all that is done, you and the seller got nothing but a provisional meeting of the minds as to price--nothing else.

Without a contract, the seller could sell to someone else, and you could withdraw you bid and buy something else.

That being said, there's no reason not to be as considerate as possible. If you know you are withdrawing your bid, then do so before the seller has an attorney draw up a contract for nothing and before you do too much to tick off the selling broker who may be at a big house and spread the word to people who work with him/her in the neighborhood that you scuttled her deal. Basically, I'm saying be considerate. It can only help you down the road.

Ignored comment. Unhide
Response by stevejhx
over 17 years ago
Posts: 12656
Member since: Feb 2008

Ethically, do you want to be stuck someplace that you like less than where you really want to live?

Withdraw the bid.

Ignored comment. Unhide
Response by buster2056
over 17 years ago
Posts: 866
Member since: Sep 2007

I think it could be unethical depending on your concept of your "word" or how upfront you have been with them. If you told them you were continuing to look for an apt and gave them the option to look for other buyers, then you are fine. Alternatively, if you can honestly say that only signed contracts matter and you would understand and be fine with the fact they were covertly entertaining other offers, then you are also fine. Basically, don't hold them to a higher standard than you would yourself or vice versa. If it's any consolation, I would look for better places.

Ignored comment. Unhide
Response by VVerain
over 17 years ago
Posts: 172
Member since: May 2008

If it isn't a contract, it isn't agreed. Doesn't mean you have to be an assh*le or sneeky, or embarassed.

In my opinion, doesn't sound like you love the place, so why put yourself in a position to own something you'll be debating about for the next year and on?

Ignored comment. Unhide
Response by stevejhx
over 17 years ago
Posts: 12656
Member since: Feb 2008

Do I agree w/ vverain, except that "sneaky" has one less "e" thank he thinks?

If the sellers get an (unlikely) better offer, do you think that they'll take it?

Ignored comment. Unhide

Add Your Comment