Sample Back-up Offer Real Estate Addition to a contract

Tomorrow, Sunday, September 21, 2025, I’m hosting an open house for a house.  The home is in Waianae, 85-549 Momona Place. The listing price is $625,00. Of course, I will attach pictures in the following post.

The Seller wants back-up offers

There is already an offer the seller is contractually bound to accept unless certain conditions are not met.  For example, I will sell you the house unless you cannot get a loan or enough of a loan to cover the listing price. The deal falls apart. At this time, the seller cannot accept a back-up offer. There are no limits ti the number of back-up offers accepted. However, the offers will be considered in order of submission.  Uf the original deal fails, then back-up #1 becomes the offer.  If the second deal fails, the second back-ip moves into the primary contract position position.  And so on.

Sample Coldwell Banker Addendum (contract addition) that covers back-up offers

Backup Offer Addendum to Purchase Contract

(Hawaii Association of REALTORS® Form Addendum – Sample Draft)

Property Address: _____________________________________________

Buyer: _____________________________________________

Seller: _____________________________________________

Date of Original Purchase Contract (Primary Contract): __________________________

—

1. Backup Offer Status

This Purchase Contract is accepted as a Backup Offer.

2. Effectiveness

This Backup Offer shall become the Primary Contract only upon:

Written cancellation of the Primary Contract, and

Delivery of written notice of such cancellation to the Buyer (or Buyer’s Agent).

3. Rights of Buyer

Until this Backup Offer becomes the Primary Contract:

Buyer shall have no enforceable rights in the Property.

Seller remains fully obligated under the Primary Contract.

4. Commencement of Deadlines

All contingency periods, performance deadlines, and the Closing date shall begin on the date Buyer (or Buyer’s Agent) receives written notice that this Backup Offer has become the Primary Contract.

5. Multiple Backup Offers

Seller reserves the right to accept additional Backup Offers, provided that all such offers clearly state their position (Backup #2, Backup #3, etc.).

—

Acknowledgement & Agreement

Buyer:
Signature: _____________________________  Date: ___________

Seller:
Signature: _____________________________  Date: ___________

Buyer’s Agent (Coldwell Banker Realty):
Signature: _____________________________  Date: ___________

Seller’s Agent:
Signature: _____________________________  Date: ___________