Legal Question in Real Estate Law in California

Can I put in a back up offer on an "on hold" forclosure?

There is a house in Los Angeles that my fiance and I are in love with. It is a bank owned foreclosure. There was an accepted offer, but for undisclosed reasons, the house is "on hold". My question is, can I put in a back up offer? The real estate agency that represents the house said we could not since it is on hold. Is that correct?

We don't want to wait for the property to come back on the market. It will most certainly have multiple offers.


Asked on 2/07/11, 3:52 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

The term "On Hold" is not a legal term of art, rather, it is a term the the Multiple Listing Association (MLS) uses. In fact, it is not correct to say "On Hold." The correct term is "HOLD DO NOT SHOW," which does not necessarily mean you cannot submit a backup offer, but it very likely means you are wasting your time submitting an offer. Unless you have an exclusive Buyer's Agency arrangement with your Realtor, consider finding an agent who will be more assertive and at least try to submit the offer.

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Answered on 2/08/11, 4:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree....you need to make it clear that you're ready, willing and able to step in and pay at least as much, or perhaps a little more, IF the current deal falls through. Be assertive, in a polite way, of course. Also, try to find out if the offer ahead of yours was made by a speculator or someone who is also in love with the property. It might be back on the market soon.

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Answered on 2/08/11, 6:38 pm


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