What Does Under Offer Mean in Real Estate?
By JOHN on
Real estateDiscover what does under offer mean in real estate, whether you can still buy the property, and what happens before a sale is finalized.
When looking through property listings, you may see terms like "For Sale," "Sold," or "Under Offer." Interpreting "For Sale" and "Sold" is relatively straightforward. However, the term "Under Offer" can be confusing, especially if you are planning to purchase a property.
When you come across the term "Under Offer," is the property still available? Can you make an offer? Is it possible for the seller to accept an offer from another party?
If you are unclear about the term "Under Offer" or other real estate terms, you may miss opportunities to purchase property.
What, then, does "Under Offer" mean in real estate?
In simple terms, it means that a buyer has made an offer to the seller, and the seller has verbally accepted or provisionally considered the offer. However, the sale has not necessarily been legally completed or become unconditional.
What Does the Term "Under Offer" Mean in Real Estate?
From a real estate perspective, the term "Under Offer" means the seller has received an offer from a buyer and is considering or progressing with the proposed sale.
For example, a buyer may offer a lower amount than the seller's listed property price. If the seller agrees to proceed, subject to confirmation of the buyer's payment arrangements and verification of the property title, the property may be marked as "Under Offer."
If a property is under offer, it is generally being marketed with the understanding that the seller is progressing the deal with a particular buyer.
However, the exact meaning of Under Offer and its legal implications depend on the agreement between the parties, the circumstances of the local property market, and the relevant laws.
Is Under Offer the Same as Sold?
No. If a property is Under Offer, it means the seller is considering a buyer's offer or may already be progressing with the proposed transaction.
Many things may still need to be completed before the sale is finalized.
The buyer may still need to arrange funding, carry out further property inspections, or verify the property's legal documents.
There are several things that may happen before the property is sold:
- The buyer changes their mind and withdraws the offer.
- The buyer is unable to secure the required funding to purchase the property.
- Building inspections reveal problems with the property.
- Property verification reveals ownership issues or other problems with the title.
- The parties are unable to reach an agreement on the final price.
If the sale does not proceed, the property may be returned to the market.
This is why buyers should not assume that a property marked Under Offer will never become available again.
Can You Still Make an Offer on a Property Under Offer?
Yes, you can still express interest or submit an offer on a property marked Under Offer in some property markets.
However, whether the seller can consider or accept your offer depends on the terms of the existing agreement, any exclusivity arrangements, and local laws.
If there is a property you really like, do not dismiss it just because of its listing status.
What Can You Do?
- Contact the estate agent to check whether the property is still open for enquiries.
- Ask the agent if the seller is considering backup offers.
- Tell the agent how interested you are and what you are willing to pay.
- Make sure your financial arrangements are in place.
- If things do not progress with the current buyer, ask the agent to keep you updated.
- Look at other available properties to give yourself additional choices.
You can also explore houses for sale to compare available properties and find alternatives that match your requirements.
Remember, submitting an offer does not always mean that the seller will consider it or that you will get the property.
What Happens After a Property Goes Under Offer?
Once the seller accepts or agrees to progress with an offer, the process usually moves towards legal review and due diligence.
The exact process varies from country to country, but the following are some common steps in property transactions.
1. Offer Acceptance
The seller agrees to proceed with the buyer's proposed price and conditions.
This may be a verbal understanding, a written offer, or another form of agreement, depending on the practices accepted in the local property market.
An accepted offer does not always create a legally binding contract. The legal effect depends on the applicable laws, the terms of the agreement, and whether the necessary contractual requirements have been fulfilled.
2. Property Inspection and Verification
The buyer, or the buyer's lawyer, verifies the physical condition of the property, its title documents, approvals, restrictions, and other relevant details.
Some property transactions may require a building inspection or pest inspection.
This stage helps the buyer identify conditions that may affect the property's value or complicate the sale.
3. Financial Arrangements
If the buyer requires financing, they may need to secure formal mortgage approval or verify that sufficient funds are available.
Some offers are conditional on mortgage approval. If financing is not approved, the buyer may have the right to withdraw under the terms of the conditional offer.
The buyer should also consider the additional costs involved in the transaction, including legal fees, taxes, and registration charges.
4. Legal Documentation and Cooling-Off Periods
The parties agree on the payment terms and other conditions of the sale.
If the documents are not prepared in the buyer's preferred language, the buyer should arrange for a qualified professional to translate them before signing.
In some markets, the buyer has a right to a cooling-off period after the contract is signed or exchanged. The availability, terms, and duration of this period are determined by local laws.
Cooling-off periods vary by state in Australia. Victoria generally provides three business days, while New South Wales and Queensland generally provide five business days for eligible residential property transactions, subject to applicable exceptions.
It is always essential to check the rules that apply to your specific transaction.
5. Completion and Ownership Transfer
Once all the applicable conditions are fulfilled, the transaction proceeds to completion and the transfer of ownership.
The buyer makes the agreed payment, while the seller completes the necessary transfer documentation.
The parties should not consider the transaction complete until all the relevant legal and contractual requirements have been fulfilled.
What Should Buyers Do When a Property Is Under Offer?
Seeing a property you like marked Under Offer can be disappointing, but it does not necessarily mean you have missed your chance.
Before rushing to make another offer, you should assess the situation. Below are a few suggestions:
- Confirm the status: Ask the estate agent whether the seller has accepted an offer or is still negotiating.
- Consider the conditions: Find out whether the current offer depends on financing, a satisfactory home inspection, or the sale of the buyer's existing property.
- Explore alternatives: Consider comparable properties in the same area.
- Review your finances: Make sure you are financially prepared to complete the purchase.
- Prepare your documents: Gather all the documents you may need for the purchase.
- Get legal advice: Have a qualified real estate lawyer review the contract before signing.
Prospective overseas buyers should take additional steps. Consider remote property purchase support to better understand how to manage the important stages of a property purchase when you cannot be physically present.
What Does Under Offer Mean for Sellers?
Receiving an offer is an important step for a seller who wants to finalize a property sale.
However, receiving or accepting an offer does not mean the sale is final.
Sellers should remain involved throughout the process and ensure that all requirements are properly handled.
Some key considerations include:
- What price and payment conditions has the buyer proposed?
- Does the buyer have the financial ability to purchase the property?
- Is the offer dependent on financing or the sale of another property?
- How much time should the seller allow the buyer to complete the sale?
- Has the seller responded to all legal and verification requests?
- Are there any contractual restrictions the seller should understand before considering another offer?
- What should the seller do if another buyer makes a better offer?
If you are planning to sell, you should consider how to properly price and present your property to attract the right buyers. Explore property selling services to understand the available selling options.
Is "Under Offer" the Same as "Sold STC" or "Pending"?
Sometimes, these terms are used interchangeably. However, their definitions can differ across countries and estate agents.
| Property Status | Meaning |
|---|---|
| For Sale | The property is being marketed and offered for sale. |
| Under Offer | The seller has received an offer and the transaction is being considered or progressed. |
| Sold STC | In markets where this term is used, an offer has been accepted subject to contract. |
| Pending | The transaction is progressing but has not yet been completed. |
| Sold | The sale has been completed in accordance with the applicable legal requirements. |
For example, in the UK property market, "Sold STC" is widely used, while "Under Offer" is also used in several other markets.
In Nigeria, prospective buyers should carefully review the legal documents rather than relying solely on the status displayed on a property listing.
What Are the Risks Associated with Purchasing a Property That Is Under Offer?
Property transactions involve significant financial commitments. Therefore, buyers should not rely entirely on an agent's verbal confirmation or an online listing when making their decisions.
To help protect your interests, consider the following precautions:
- Confirm the seller's identity and check their legal ownership of the property.
- Check the property's title and relevant land records.
- Find out whether there are any legal disputes or restrictions affecting the property.
- Carefully review the conditions governing the sale.
- Use a qualified lawyer to verify the property and review legal documents.
- Keep copies of all agreements, payment evidence, receipts, and other supporting documents.
If you are a Nigerian diaspora buyer and need professional assistance with property documents before making a payment, explore property verification services to understand the importance of checking ownership and legal records.
Final Remarks
Hopefully, this discussion has provided insight into what "Under Offer" means in real estate and the implications it has for property buyers and sellers.
An under-offer status indicates that the seller is considering or progressing with an offer made on the property. This does not mean the property has been sold or that the deal has been completed.
Depending on the agreement with the buyer, the offer may be conditional on satisfying one or more requirements. These may include legal verification, a satisfactory property inspection or appraisal, and mortgage approval.
It is in a buyer's interest to confirm the actual status of the property and understand the legal framework, especially when other options are available. The same principles apply to sellers.
Whether you are an investor, buyer, or seller, conducting proper due diligence can help protect your interests when investing in real estate in Nigeria.
Explore DiasporaWise to discover real estate investment opportunities in Nigeria and access professional services that can support you in making informed property investment decisions.
Frequently Asked Questions (FAQs)
1. What does under offer mean when buying a house?
This means the seller has received an offer from a potential buyer and is considering or progressing with it, but the deal has not necessarily been completed. The sale may still depend on certain conditions.
2. Is it possible for a buyer to purchase a property that is under offer?
Yes, it may be possible. A buyer can contact the estate agent to find out whether the seller is open to considering additional interest or accepting backup offers. Local laws and the existing agreement will determine what is permitted.
3. How long can a property be under offer?
There are no universal time limits. A property can remain under offer for days, weeks, or even months, depending on negotiations, financing, inspections, and legal documentation.
4. Can a seller reject an offer after accepting it?
This depends on the terms agreed between the parties and the property laws in that location. An informal acceptance may have different legal implications from a binding contract.
5. Does under offer mean a deposit has been paid?
Not necessarily. A deposit may be required at a particular stage of the transaction, but an under-offer status does not automatically confirm that a deposit has been paid.
6. What happens if an under-offer property sale falls through?
The property may be returned to the market, allowing the seller to consider offers from other buyers. Prospective buyers should contact the estate agent to confirm whether the property is available again.
7. What other conditions can affect an under-offer property?
Some examples include satisfactory building and pest inspections, mortgage approval, legal verification, and the sale of the buyer's existing property. The conditions vary according to the agreement and local property regulations.