Back-up offer

An offer accepted in second position while another offer is under contract. If the first deal falls through, the back-up becomes the primary contract without going back to market.

Offers & contracts · Updated September 2026

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Part 1 of 4

Why a seller cares

A signed back-up means a buyer's financing falling through sends you to the next contract instead of back to the market. It also tends to keep the first buyer honest at the repair table.

Part 2 of 4

A simple example

You accept $305,000 from the Lees. The Nguyens offer $300,000 and sign it as a back-up. Three weeks later the Lees' loan is denied.

Back-up offer: a simple example
What happens to the first dealWhat the back-up does
It closesThe back-up ends; the Nguyens' deposit goes back to them
The Lees' loan is deniedThe Nguyens' contract moves into first position the day you give notice
The Lees ask for $8,000 in repairsYou can decline knowing another signed offer is waiting

A back-up is a contract that waits its turn, and nothing about it depends on going back to market.

Part 3 of 4

What people get wrong

That a back-up is just a name on a list. It is a signed contract, and a buyer in back-up position usually can leave whenever they like until it moves up.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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