How To Win With A Highest And Best Offer (2024)

How To Win Highest And Best Offer Scenarios

When facing multiple offers, highest and best or otherwise, there are certain strategies you can adopt to tip the odds in your favor. Getting chosen in a multiple-offer situation isn’t easy, but these tips can help you to make a winning offer.

1. Don’t Overbid (Or Bid Against Yourself)

To begin, you want to bid enough to win without going over your budget and forcing you to pay for an overpriced house. You also don’t want to get into a situation where you’re bidding against yourself by making an offer that you and your real estate agent are sure no one else could match.

2. Make An Irresistible Offer

There’s no doubt that the purchase price you’re offering has to at the very least be competitive with the other offers being made. However, it’s certainly far from the only thing that matters. There are other ways to make your offer stand out.

You can do this by working with your buyer agent to communicate with the listing agent and determine what’s most important to the seller to prevent the deal from falling through. Here are a couple of examples:

Have A Mortgage Preapproval Letter

Little else makes you look like a serious buyer than a mortgage preapproval letter. This demonstrates to a seller that you have initial approval for a mortgage and will commit to making the sale happen.

To get preapproved for a mortgage, you’ll need to submit documentation validating your identification, income and assets, which can include bank statements, pay stubs and tax returns.

Waive Contingencies

Sellers value knowing that they will get to the closing table, and you making a no-contingency offer can make that a stronger possibility for them. While you can and should get a home inspection, in a particularly hot multiple-bid scenario, you may decide to waive your inspection contingency and give up the right to walk away if something is wrong with the house. However, it’s important to consider what the long-term costs could be should repairs be needed that you weren’t aware of because you did not have an inspection conducted.

Similarly, if you’re getting a mortgage, you’ll be required to get an appraisal because the home is collateral for the loan. However, if you’re comfortable with your financial situation and really want the house, you might waive the appraisal contingency and guarantee to bring the difference between the appraised value and the purchase price in cash.

Make An All-Cash Offer

Since many sellers want to close the sale quickly, they’ll typically favor all-cash offers to move the process along. When making a cash offer on a house, you still need to show proof of funds, which you can obtain from your bank. Just make sure you’re not depleting your finances too severely with a cash offer, as you still need to afford all the additional expenses like insurance, taxes and utilities.

Leave A Sizable Earnest Money Deposit

If you can’t make an all-cash offer, you could instead make a generous earnest money deposit on the house. This deposit tells a seller you’re really interested in the home, since if a buyer backs out of the sale, the seller can still keep the deposit. In many cases, a seller will favor a lower offer if the buyer leaves a larger earnest money deposit.

Be Flexible With Closing

If the seller wants to move quickly and needs to be closed by a certain date, your flexibility could help you win in this scenario. The same goes if the seller needs more time in the home. If you show you’re willing to work with a seller’s timeline, you can give your offer the boost it needs to win the home.

3. Send Your Response Immediately

When the buyers find a house they want, they should make their offer as soon as they can. It shows that they’re serious. On the other hand, an offer that comes in past the deadline will probably be rejected. Sellers have timelines, so it’s a good practice to act fast.

Make sure you know what your top-end offer is based on your budget and the market for the home. Additionally, you should stay in constant contact with your real estate agent. They act as an invaluable go-between in negotiations and a source of market knowledge.

4. Remember The Escalation Clause

If you’re worried about being outbid, but you also don’t want to overpay by betting against yourself, an escalation clause could be the answer. An escalation clause says you’ll go X amount over and above any higher offers a seller might get up to a level that you set.

Let’s say you’ve put an initial offer of $450,000 on a house. In order to protect yourself in a potential bidding war, you’ve said that you’d go $5,000 over any other offer up to $480,000. For instance, if someone bids $460,000, you’ll bid $465,000. In this way, you’re putting your best foot forward, but you’re not overpaying if there are no other offers. It’s a good idea to consult with your real estate agent on the suggested budget and the level of escalators.

5. Keep It Professional

Though it was previously common to write a buyer’s letter to a seller, many real estate agents may advise sellers against reading these letters. Agents feel sellers may be drawn to buyers with a good story that reminds the seller of themselves and may inadvertently take a less favorable deal out of sympathy. There’s also the possibility that this leads to a form of unintentional discrimination, which can potentially open the seller up to legal issues.

If you choose to write a letter, make sure to keep the tone friendly but professional. Say how interested you are in the house, but don’t go too in-depth with personal details.

You can also use that letter to highlight the strengths of your offer, like your purchase price or the fact that you’re willing to put down a larger earnest money deposit compared to a competing offer. Also, mention any contingencies you’re waiving or concessions you’re making.

7. Get Documents Ready

It’s a prerequisite in many markets to have your financing lined up with a mortgage lender before making an offer. If you have one, submit your preapproval letter (or better yet, a Verified Approval Letter) with your offer as proof of funds. You should also have in mind the offer you’re going to start with and the top line of your budget.

It’s important to edit your preapproval letter to only show what you’re willing to put in on the offer. They don’t need to know how high you’re going to go out of the gate unless it’s a best and final offer scenario.

8. Prepare To Move On

In the heat of the bidding war, it can be difficult to know when to back out of buying a property. Emotions run high in the moment, and it can be easy to get overwhelmed. Know your top line and how much you’re willing to concede in advance because it will be easier to avoid crossing the line in the sand at that point.

If you do intend to withdraw from a bidding war, communicate this through your real estate agent. You can also put in a backup offer to be next in line in case the original offer falls through and you’re still looking for a home. At the same time, don’t wait around hoping for something that might not happen. If you find another house you like, don’t hold back.

How To Win With A Highest And Best Offer (2024)

FAQs

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

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 is the best and final offer strategy? ›

Requesting a best and final offer is a seller's tactic to try and encourage high offers on a property. The usual process is that an estate agent will advise potential buyers to make their offer by a certain date. This avoids the need for the seller to enter into negotiations with multiple purchasers.

What is an example of a best and final offer? ›

For example, some buyers will agree to purchase a home as-is as part of a best and final offer. That means they are agreeing to purchase the home in its current state, with no back-and-forth negotiating about repairs — a big perk for sellers.

What is the rule of thumb for making an offer on a house? ›

The rule of thumb is usually between 5 and 10 percent of the home price. Bear in mind that you could lose the money if the deal falls through, so it's important not to put up so much that you'd be ruined if you lost the cash.

How do you counter a high offer? ›

How to Negotiate a Salary Counter Offer
  1. Pause before responding.
  2. Ask follow-up questions about the salary.
  3. Ask for more time to consider the offer.
  4. Get the role's salary range.
  5. Conduct comparative salary research.
  6. Assess your qualifications and prepare an organized argument.
  7. Ask for a 10-to-20-percent increase.

How do you professionally respond to an offer? ›

How to accept a job offer
  1. Expression of your thanks to the recruiter or hiring manager.
  2. Clear acceptance of the offer and confirmation of the job title and start date.
  3. A question about the next steps, such as documentation to sign and onboarding.

Is a best and final offer really final? ›

What is a Best and Final Offer? A best and final offer represents the ultimate offer to be made in a negotiation or bidding process. Parties use the terminology to convey the intention that further negotiation will not be undertaken – the offer may only be accepted or rejected.

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.

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.

Can you negotiate a best and final job offer? ›

Unless the employer explicitly stipulates that their offers are nonnegotiable, that's typically a mistake. In fact, because they expect job candidates to negotiate salary, employers typically offer somewhat less than they are willing to pay.

What is the best and final offer counter? ›

The best and final offer is typically submitted in response to a bidding war. A seller who has received several offers will ask all bidders or the top bidders to submit their best and final offers rather than trying to negotiate individually with each bidder. The term is also used in government contracting.

How to respond to a best and final offer? ›

Experienced negotiators use it all the time. The best response to this gambit is to simply pull back and hit pause on the negotiating process. Think of the message you received as a roadblock. You're going to hang back until you identify a route around the roadblock.

How to win the highest and best? ›

How to Win “Highest and Best Offer” Situations
  1. Offer More Money. ...
  2. Pay in Cash. ...
  3. Get Pre-Approved. ...
  4. Add an Escalation Clause. ...
  5. Minimize Contingencies. ...
  6. Be Flexible on the Closing Date. ...
  7. Write a Personal Letter. ...
  8. Work with an Experienced Realtor.
Sep 27, 2022

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.

How do you respond to the offer? ›

Follow these guidelines to accept an offer:
  1. Formally accept the job. ...
  2. Express your thanks. ...
  3. Confirm employment details. ...
  4. Ask about final steps. ...
  5. Notify other employers. ...
  6. Formally decline the job. ...
  7. Consider providing a reason. ...
  8. Thank the employer.

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.

What is highest and best use offer? ›

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.

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