Can a seller accept another offer while negotiating?

Asked by: Mr. Makenna Strosin II  |  Last update: January 1, 2026
Score: 4.3/5 (20 votes)

It is generally illegal and unethical for the seller to turn to another buyer at this stage. In earlier states, a seller in negotiations with a buyer may legally accept a higher offer from another buyer, but this practice is still considered unethical.

Can a seller accept another offer after accepting an offer?

A seller can accept another offer when the buyer doesn't meet the demands. A low appraisal, not meeting the agreed terms such as buying a home as it is, or a delayed process can force a seller to look elsewhere.

Can a seller accept another offer while under contract with contingency?

Sellers aren't a big fan of sale contingencies, so they'll often include a kick-out clause in the contract. That means the seller can continue to show the home and accept offers during the sale contingency period.

Can a seller accept an offer then change their mind?

Yes, a seller can back out of a real estate purchase and sale agreement. However, the seller will need a legitimate legal or contractual reason to cancel a home sale.

Can a seller go back and accept the first offer if he does not like the counteroffer?

Once the seller counteroffered, your offer was void. The seller cannot go back and accept your original offer whether or not you decline or ignore his/her counteroffer.

Can a Seller Accept Another Offer While Under Contract?

24 related questions found

Can a seller reject an offer after accepting?

If you don't have any contingencies in the contract it can be harder for you to cancel than it would be for the buyer. However, if the buyer can't secure funding or there is fraud on the part of the buyer, the seller may be able to cancel the contract even without contingencies.

When a seller writes a counteroffer, what happens to the original offer?

That's because real estate laws in all 50 states say that a seller who makes a written counteroffer automatically renders the buyer's original offer null and void. It's as if the buyer never made an offer on the home in the first place.

Can you still negotiate after accepting an offer?

It can be worth trying to negotiate your salary even after accepting an offer, but it requires a delicate approach. If you have gained new information that justifies a higher salary or if your responsibilities have increased, it might be reasonable to reopen the conversation.

Can a seller back out if an appraisal is low?

A sales contract with a kick-out clause allows you to continue marketing and showing the property. If by the kick-out clause date you find another buyer willing to pay the sales price despite the lower appraised value, you can 'kick out' the original buyer and accept the new offer.

Can a seller fire their realtor?

You can fire your Realtor at any point in the home sale or buying process. However, the further you are on the path to closing, the harder it will be to find another agent. Additionally, if you are selling your home, you may still need to pay your Realtor commission fees anyway on the sale.

How many offers can a seller accept?

In general, the seller can't accept another offer once all parties have signed the purchase agreement; however, detailed situations and state laws may vary. There are situations where you might think your offer has been accepted, but it actually hasn't.

Why don't sellers like contingent offers?

Cons: Home sales with any types of contingencies are usually slower than those without. It takes time to satisfy a buyer's contingencies and additional time to communicate that they have been met.

Can a seller cancel after accepting an offer?

In most cases the answer is no, as long as the contract has been signed. When a buyer puts in an offer on the house and the seller accepts it, both parties sign a home purchase agreement. This legally binding contract sets out the sale price, closing date and other terms of the sale.

Can a seller accept another offer while contingent?

If the buyer cannot remove the contingency, the contract is terminated, the seller can accept the other offer, and an earnest money deposit is returned to the buyer.

Can you accept an offer and then accept another offer?

Overall, switching to a higher offer after you've already accepted one isn't something experts recommend—it's unpleasant, unethical, and could even land you in legal hot water.

What does it mean to gazump someone?

Gazumping is when someone else makes a higher offer on a house you are in the process of buying and the seller accepts that offer. Even if your offer is accepted, the seller can still accept an offer from someone else. This happens when buyers are in a better position to complete the sale.

Do sellers usually lower prices after appraisal?

Do sellers usually lower their asking price if the appraised value is lower? Whether the seller decides to lower their asking price will depend on a number of factors, including how motivated they are to sell or if they have other offers above asking price.

Can you walk away if your appraisal is lower than your offer?

Yahoo Finance tip: Your purchase contract must include an appraisal contingency, which states you can back out if the appraised amount is too low. Otherwise, you will forfeit the earnest money you put into the deal if you walk.

Is the seller entitled to see the appraisal?

The seller often does not generally get a copy of the appraisal, but they can request one.

Can offer be rescinded for negotiating?

While employers are anticipating that you'll negotiate salary, there are mistakes that could cost you. “Be mindful of your tone. If you come across as entitled, demanding, or adversarial, the employer may reject your counteroffer, or worse, rescind their original offer and move on to someone else,” warned Cole.

Is it OK to accept an offer and then decline?

It's OK to decline a job offer you've already accepted. Life happens. Maybe another offer comes along that promises more pay, or maybe your circumstances have changed. This is a common situation, says Michael Steinitz, a senior executive director at Robert Half, a human resources consulting firm.

Can you negotiate price after offer accepted?

Both Buyers and Sellers Can Benefit

Whether it's agreeing on repairs or adjusting the price, both buyers and sellers stand to benefit from post-offer negotiations.

Can a seller accept another offer after a counter offer?

While laws vary by state, in general, up until that contract is signed by both parties—even after counteroffers have been sent out—all new offers can be considered and accepted. Once both parties have signed it, however, the seller is pretty much locked into the deal.

What is a reasonable counter offer?

For most entry-level positions, the lower start of the range will be the most appropriate pay bracket. If the salary offered is within the low range for similar positions, consider an initial counteroffer 10-20% higher, and if the salary offered is within the average range, consider a counteroffer 5-7% higher.

What if the seller's counter offer is too high?

If the seller's counter-offer is too high, you can try to negotiate a lower price or walk away from the deal. If you really want the property, you may be able to get the seller to agree to a lower price by making a higher offer yourself. You can also try to get the seller to pay for some of the closing costs. …