Highest And Best Offer In Real Estate, Explained (2024)

5 Tips For Home Buyers Submitting Their Highest And Best Offer

When a seller asks for your highest and best offer, you typically have one shot at getting the seller’s attention. These tips can help you outpace the competition and clinch the deal.

1. Enlist The Help Of A Skilled Real Estate Agent

A real estate agent is vital to the home buying process because of their knowledge of the real estate market and ability to negotiate on your behalf. They can provide information on the seller’s preferences so your offer hits the mark. For example, the seller might want to close as fast as possible or prioritize cash offers. Your real estate agent can facilitate communication and help you present your offer in the best light.

2. Make Your Offer Irresistible

The point of highest and best offers is for the seller to see which offer is the most desirable. Make yours irresistible through the following strategies:

  • Make a cash offer, if possible. Cash means speedier closing since a lender isn’t involved on the buyer’s end. Even if the offer is lower than others, a cash offer is more attractive because it requires less hoop-jumping to get to the closing table.
  • Offer a large earnest money deposit to let the seller know you’re serious about the home. A sizable earnest money deposit means you’re dedicating your financial power towards this single deal instead of putting offers in on multiple homes. It also shows you have the means to close the deal and possibly go above the asking price. A typical earnest money deposit is 1% to 3% of the purchase price, so doubling that can make you stand out from the competition.
  • Offer concessionsto help the seller. For example, the seller usually pays about 6% of the purchase price as a commission for the real estate agents involved. Picking up this expense means you may pay thousands of dollars more than the purchase price but could land you the deal in a seller’s market. Other concessions include paying off the remainder of the seller’s mortgage and the seller’s attorney fees.
  • Fine-tune your contingencies based on your knowledge of the situation. For instance, you could delay the move-in date a few months if the seller wants ample time to move. In addition, if the house has outdated appliances, you could foot the repair bill instead of asking the seller to pay. You can also cancel the appraisal contingency, meaning you’ll pay a specific amount of cash – out of pocket – above the appraisal value to sweeten the deal.

3. Get Your Initial Mortgage Approval

If you can’t make a cash offer, don’t panic; most buyers need a mortgage to finance their purchase. Plus, you can turn this dynamic into an advantage by going into the home buying process with your initial mortgage approval in hand. Your approval letter means a lender has agreed to provide you with a mortgage loan.

This document can give you the upper hand against buyers waiting for their financing to come through. Because sellers generally don’t want to wait on mortgage approvals and risk the deal falling through, they’ll typically pick a buyer with mortgage approval over a buyer without approval. In other words, a sky-high offer without mortgage approval is vulnerable to rejection by a lender, putting the sale in jeopardy.

4. Consider Including An Escalation Clause

An escalation clause can help you stay in the running if your offer isn’t higher than your competition’s. You can set a dollar amount for your escalation clause to surpass other offers. For example, say you offer $250,000 on a home, but you’re concerned another buyer is offering a thousand more. So, you include a $5,000 escalation clause, meaning you’ll go as high as $5,000 more than any other offer. You can set a ceiling for your escalation clause so you don’t accidentally commit to beating a $300,000 on the home (unless you’re comfortable with that price).

5. Respond As Quickly As Possible

Sellers are looking for responsive buyers who move fast on the home. As a result, a seller might sour on the offer with the highest price from a buyer who drags out communications. In addition, if the seller is unsure which offer they like best, your speedy communication can help make the seller’s choice easier.

Highest And Best Offer In Real Estate, Explained (2024)

FAQs

Highest And Best Offer In Real Estate, Explained? ›

As the seller, you usually ask for the highest and best offer to eliminate negotiations and expedite the deal. It lets buyers know you're looking for only the most serious offers. Conversely, with a best and final offer, you're asking buyers to go above and beyond the competition to convince you to sell to them.

What does "highest and best offer" mean in real estate? ›

The terms “best and final” and “best and highest” typically mean the same thing and are used interchangeably. “Generally, if an offer is the best and highest a buyer can submit, it will also be the final offer they are willing to submit,” Jones says.

What does "highest and best use" mean in real estate? ›

Definitions of highest and best use

The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value.

How to respond to the best and final offer? ›

How to Respond to a Best and Final Offer
  1. Pause and Assess. ...
  2. Identify Non-Negotiables. ...
  3. Consider the Landscape. ...
  4. Be Transparent and Express Concerns. ...
  5. Add Value by Negotiating Non-Monetary Terms. ...
  6. Consider Your Bottom Line. ...
  7. Demonstrate Resolve. ...
  8. Finalize the Decision.

What does best and final offer mean in real estate? ›

In real estate, a best and final offer is the prospective buyer's last and highest bid. Initiated by the seller of a property, all remaining parties must submit one last offer that is often not to be negotiated further.

How to respond to the highest and best offer? ›

5 Tips For Home Buyers Submitting Their Highest And Best Offer
  1. Enlist The Help Of A Skilled Real Estate Agent. ...
  2. Make Your Offer Irresistible. ...
  3. Get Your Initial Mortgage Approval. ...
  4. Consider Including An Escalation Clause. ...
  5. Respond As Quickly As Possible.
May 16, 2024

Can a seller counter a highest and best offer? ›

Sellers can accept the “best” offer; they can inform all potential purchasers that other offers are “on the table”; they can “counter” one offer while putting the other offers to the side awaiting a decision on the counter-offer; or they can “counter” one offer and reject the others.

Which best describes the highest and best use of property? ›

The typical (and somewhat formal) definition of highest and best use is as follows: The reasonable, probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.

What is the difference between fair market value and highest and best use? ›

This conflict is not only price versus value. It is also that highest and best use assumes the use of the land that brings the highest value. Whereas the definition of market value assumes the most probable [sales] price.

What is the final determination of a property's highest and best use? ›

Ultimately, a property's highest and best use must meet two criteria: It must generate enough revenue to cover the costs of construction and/or property improvements. It must generate enough revenue to turn a profit.

Do sellers always pick the highest offer? ›

The answer is often “no.” Conventional wisdom might suggest that during negotiations, especially in a multiple-offer situation, the buyer who throws the most money at the seller will snag the house. In reality, however, it doesn't always end up that way.

Should I say best and final offer? ›

It is not a legally binding process, and it will be similar to making any other offer on a property. You should first discuss your offer and financial situation verbally with the estate agent before following up with written confirmation. I am writing to submit my best and final offer for [property].

Can you counter a best and final offer? ›

A buyer can sometimes counter after a final offer as long as no contract has been signed. It all depends on the market conditions, which could make this method a little complicated and sometimes risky. Depending on the market, countering after a “final” offer could work to your advantage.

What is a highest and best offer form in real estate? ›

Asking for a highest and best offer might push the buyer closer to your target sales price, because it shows there's real interest in the property. In negotiations, buyers won't typically start with their highest offer with the goal of leaving a little wiggle room.

How long to hear back after best and final offer? ›

Legally speaking, there isn't a time frame sellers must respond to your offer. However, it's an unspoken rule in the industry that sellers and/or the listing agents should respond within a few days, with 48 hours the norm.

What is another way to say best and final offer? ›

those three little words “Best and Final” or “Closed Bids”, “Sealed bids”, “ Final Offers” … they all mean the same.

Do sellers always accept the highest offer? ›

The answer is often “no.” Conventional wisdom might suggest that during negotiations, especially in a multiple-offer situation, the buyer who throws the most money at the seller will snag the house. In reality, however, it doesn't always end up that way.

Does best offer mean higher or lower? ›

With best offer, you can offer the seller a price you're willing to pay for the item. The seller can accept, decline, or counter your offer by suggesting another price. Best Offer is a great way to buy the item you've been looking for at a bargain price.

What does H&B mean in real estate? ›

When homebuyers are told to submit their “highest and best offer” the listing agent is indicating that there are multiple offers on the property and that all interested buyers should submit their best possible offer.

Is the first offer on a house usually the best offer? ›

Real estate agents often suggest that sellers either accept the first offer or at least give it serious consideration. Real estate agents around the world generally go by the same mantra when discussing the first offer that a seller receives on their home: “The first offer is always your best offer.

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