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Do Home Sellers or Their Agents Have to Disclose Other Offers to Buyers?

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Published by Bob Mathewon10/1/2024

When you’re selling a home, navigating the offers process can be tricky—especially when multiple offers are on the table. A common question that arises is whether home sellers or their agents are required to disclose if they've received other offers, and, if so, do they need to share the details of those offers?

Offer Essentials

The Legal Perspective: Disclosure Varies by State

In the U.S., real estate laws vary from state to state, and there is no federal mandate requiring sellers or their agents to disclose other offers or their details to potential buyers. This means that whether or not a seller chooses to reveal the existence of other offers—or the specifics, like price or contingencies—depends largely on local laws and the seller’s preferences.

In some states, sellers and agents may be required to respond truthfully if directly asked about other offers. In others, they may withhold this information unless prompted. Even then, the exact details of competing offers are not typically required to be shared.

Strategic Disclosure: Commonly Assumed Pros and Cons

While it’s often within the seller’s discretion to disclose the existence of other offers, doing so can be a strategic decision. Here are the general arguments either way:

  • Pro: Driving Competition. Letting potential buyers know that there are multiple offers on the table can spur them to increase their bids. If a buyer knows they’re in competition, they may be willing to raise their offer or remove contingencies to stand out.
  • Con: Deterring Some Buyers. On the flip side, some buyers may shy away from a bidding war altogether. If they feel the competition is too steep, they may withdraw from negotiations, leaving fewer options for the seller. 

Snapdoor has sold dozens of homes with full disclosure of all offers on the table. In our experience, very few buyers are deterred from submitting an offer. In fact, being fully transparent about offers and offer details leads to higher prices and better terms. 

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Conclusion

Snapdoor always reveals the existence of other offers as well as their terms through its online bidding platform, so any potential buyer can make a fully informed decision. This is unlike the traditional approach, where sellers and their agents are not generally required to disclose the existence or details of other offers. However, Snapdoor never reveals the identity of buyers or their agents, thus removing implicit bias or the possibility of even inadvertently violating fair housing laws. For buyers who are very motivated to buy a home, by knowing where their offer stands relative to others, they have the opportunity to improve their offer. Snapdoor’s commitment to transparency benefits both sellers and buyers.

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