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Selling

Multiple Offers in BC: What the Seller Actually Controls

ScheduledMichael LeeOctober 21, 20269 min read

Sellers ask me two questions during a competing-offer week. Whether a full-price offer forces their hand, and what I am allowed to tell the other buyers.

The answers surprise people in both directions. You have more control than you expect over the first one, and less than you expect over the second.

You are never obligated to accept

BCFSA states this plainly: a seller is not obligated to sell the property even when a buyer makes a full-price, unconditional offer.

Your listing price invites buyers to negotiate. You keep the decision on who buys the home and on what terms, whatever number they reach.

When an offer arrives you have four choices. Accept it, reject it, counter it, or say nothing at all. Declining to respond is a real option, and buyers cannot require an answer.

The same rule protects you on timing. The first or highest offer received does not limit you from considering others. An offer that arrives Tuesday does not force a decision before the ones arriving Thursday. The one real constraint is the expiry time written into each offer, because an offer that lapses stops being available.

What your agent may say about competing offers

Here is where sellers get the rule backwards.

Most people assume their agent is forbidden from discussing other offers. The confidentiality actually belongs to you, which means you decide how much goes out.

In BC you may instruct your agent to share what is in one offer with a different buyer. That can be the number of offers received, and it can extend to the contents, including the price.

What your agent cannot do is make that decision alone. Without your instruction, offer terms stay closed. Rule 30 of the Real Estate Services Rules requires a licensee to maintain the confidentiality of information respecting their client, and to communicate every offer in a timely, objective and unbiased way.

Two practical points fall out of this:

Decide before the offers arrive. Once buyers are waiting on an answer, the choice gets harder and slower. Settle your position with your agent when you set the strategy.

A buyer cannot gag you. Some buyers write "do not disclose this offer" into their own offer. You never signed it, so it binds nobody. If you have separately agreed with a buyer to keep their terms confidential, that agreement does hold.

Sharing a top price can lift the other bids. It can also send a buyer home rather than chasing a number they think is too high. Neither outcome is guaranteed, and the right answer depends on how many buyers you have and how committed they seem.

Every written offer has to reach you

If more than one written offer is made before you accept one, all of them must be presented to you.

Your agent should also tell you how many offers are coming before presenting any of them. That ordering matters. It stops you from accepting or countering offer number one while offer number three is still sitting in the car.

Why the highest offer is often not the best offer

Price is one line on a page carrying twenty other terms. The terms decide whether that price survives to completion.

Compare two offers on the same home:

  • $1,520,000 with subjects for financing, inspection, and strata documents, seven days to remove them
  • $1,480,000 with no subjects and a deposit due within 24 hours

The first buyer is asking for an exclusive option to decide later. For seven days your home is off the market, other buyers move on, and at the end of it the buyer may remove subjects, renegotiate on something the inspection found, or walk away. The second is a commitment today.

Forty thousand dollars is the price of that certainty. Whether it is worth paying depends on your own situation, and often it is. What buyers give up to write that way is covered in what subject-free actually means, and it is worth understanding both sides before you weigh the two.

Read the financing subject wording closely. "Subject to the buyer arranging satisfactory financing" leaves the buyer to decide what satisfactory means, which is close to a free exit. Wording tied to a specific lender approval is tighter. Have your agent read the exact sentence rather than the label on it.

Deposits tell you what a buyer can actually do

Two separate signals live in the deposit.

Size shows how much money the buyer is prepared to put at risk if they walk away.

Timing shows how fast they can move real funds. A deposit due within 24 hours of subject removal means the money is already sitting in an accessible account. A deposit due a week later, or only at completion, gives you little to hold if the deal fails.

Confirm who holds it. A deposit is usually held in a brokerage trust account, with the brokerage acting as a stakeholder, meaning a neutral party rather than one holding the funds for either side. The contract should name the brokerage and the date the money is due.

Offer dates, and when they backfire

An offer date sets a deadline and asks buyers to submit together.

It works when demand is real: a home priced under what the market supports, in a segment with active buyers, with enough showing traffic in the first week to prove people want it.

It backfires in a quieter market or on a home priced at full value. You set a deadline, two soft offers appear, and now the market knows your date came and went. Buyers who were watching read that as weakness, and the offers that follow tend to come in lower than what you might have negotiated privately in week one.

The damage is to information you cannot take back. Days on market keep counting, and a listing that visibly tried and failed to generate competition is harder to sell at full price afterwards. Setting the opening number correctly is most of the work here, and pricing a home in a balanced market walks through how to arrive at it.

Counter-offers, escalation clauses, and backups

Countering. You can counter one offer, or counter several buyers at once. Countering more than one carries a real risk: a counter-offer is an offer, and if two buyers accept two counters you may have committed twice. Have your agent structure any multiple counter so each one stays revocable until you sign the acceptance.

Escalation clauses. These say a buyer will beat the highest competing offer by a set amount up to a ceiling. They are handled carefully in BC because they force disclosure of a competing offer's terms to make the price work, and because the resulting price can be uncertain on its face. Anything requiring judgment about how a clause will operate belongs with a lawyer before you sign, not after.

Backup offers. Accepting one offer ends the others. They do not sit in a queue waiting for the first deal to fail. If you want a second buyer held in reserve, it has to be written as a backup offer, made conditional on the seller ceasing to be obligated under the first contract, with that condition for your sole benefit. Put a deposit and an expiry date on it too, otherwise you are holding a buyer who has stopped looking but owes you nothing.

The checklist before you sign

Run these four against every offer you are seriously considering:

  • The financing subject wording, sentence by sentence, and what would let the buyer out.
  • Completion and possession dates against your own move. A great price on a date that leaves you without somewhere to live costs you the difference back in temporary housing.
  • Deposit size, deposit due date, and which brokerage holds it.
  • Everything included and excluded, since appliances and fixtures are where late disputes start.

What this comes down to

  • You are never obligated to accept any offer, including a full-price unconditional one.
  • The first or highest offer does not limit you from considering others.
  • All written offers received before acceptance must be presented to you.
  • Your agent may disclose the number of offers, or their contents, only on your instruction.
  • A buyer's confidentiality clause in their own offer does not bind you.
  • Weigh subjects, deposit size, deposit timing, and dates alongside price.
  • Accepting one offer ends the others, so a reserve buyer needs a written backup offer.
  • Contact our team before you set an offer date on your home, or browse listings.

Plan your next step

If you are buying as well as selling, comparing homes covers how to weigh two properties against each other, and the home-buying guide sets out the full sequence so your completion dates on both sides line up.

Frequently asked questions

Do I have to accept a full-price offer?

No. BCFSA states plainly that a seller is not obligated to sell the property even when a buyer makes a full-price, unconditional offer. Listing at a price invites buyers to negotiate, and you keep the final say on whether any of them gets the home. You may accept, reject, counter, or decline to respond at all.

Does the first offer I receive limit what I can do?

No. The first or highest offer made does not bind the seller or otherwise limit the seller from considering other offers. You may hold an early offer, wait for others, and then choose among them. The practical limit is the expiry time written into that offer, because an offer that lapses is gone.

Can my agent tell competing buyers how many offers I have?

Only if you instruct them to. The confidentiality attaches to you as the client, so the decision is yours. In BC a seller may direct their agent to share the number of offers, and may go further and share the contents of an offer, including the price.

Should I let buyers know the other offer amounts?

It depends on what you want to happen next. Sharing a leading price can push other buyers up, and it can also cause a buyer to walk away rather than bid against a number they consider too high. Discuss it with your agent before offers arrive, because the decision gets harder once people are waiting for an answer.

Can a buyer stop me from sharing their offer?

A clause in the buyer's own offer asking you not to share it does not bind you, because you never accepted or signed that offer. If you have separately agreed with a buyer to keep their price and terms confidential, that agreement does hold and nothing may be disclosed.

Does every offer have to be shown to me?

Yes. If more than one written offer is made on the property before you have accepted one, all of the written offers must be presented to you. Your agent should also tell you how many offers are coming before presenting any of them, so no offer is accepted or countered before you have seen the full picture.

Is a higher price always the better offer?

No. A price is one term among many, and the conditions attached to it decide how likely that price is to survive to completion. An offer with financing, inspection, and strata document subjects gives the buyer a period to decide while your home sits off the market. Weigh the subjects, the deposit, and the dates alongside the number.

What does the deposit tell me about a buyer?

Deposit size shows how much money the buyer is willing to put at risk, and deposit timing shows how quickly they can move real funds. A deposit due within 24 hours of subject removal signals the money already exists in an accessible account. A deposit due a week later, or only on completion, gives you far less to hold onto if the deal fails.

Who holds my deposit?

A deposit is usually held in a brokerage trust account, and the brokerage holds it as a stakeholder. That means a neutral position rather than holding it for the buyer or for the seller. Confirm in the contract which brokerage holds the funds and by what date, because a deposit that is never delivered is only a number on a page.

What happens to the other offers once I accept one?

They simply end. Accepting one offer creates a binding contract, so the other offers are no longer available for you to accept, even if the accepted deal later collapses. If you want a second buyer held in reserve, that has to be written as a backup offer with its own clause making it conditional on the first contract ending.

#sellers#pricing#offers

Take useful notes at your next viewing

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