Backup Offers vs. Florida Inspection Bluff

A relatively common buyer’s strategy for negotiating a lower price on a home purchase goes like this…

This tactic works particularly well in Florida under the As Is Contract for Sale and Purchase, which allows buyers to back out for any reason during the inspection period and get their deposit back. Savvy buyers sometimes go under contract at a higher price than they truly intend to pay, just to take the property off the market. Then, they leverage the inspection report to justify price reductions—or threaten to walk away.


One telltale sign of this motivation? When buyers cite the age of big-ticket items like the roof, air conditioners, or hot water heater to demand concessions. These details are easily discoverable before making an offer, so it’s often a ploy rather than a genuine surprise.


This leads me to a recent situation that played out on one of our listings—and it didn’t end well for the buyers. (Names have been changed to protect privacy.)


Buyers Brad and Shelly were hunting for a 3-bedroom, 2-bathroom home with a 2-car garage, pool, privacy-fenced yard, and updated kitchen and baths in Venice, all for $400,000 or less. If you’re unfamiliar with the area, that’s a rare combination due to the price point and fence restrictions in many communities. Sure, options exist, but none are perfect in every way.

Even though we’re in a strong buyer’s market in Venice, Florida, buyers shouldn’t assume they’re the only ones interested in a desirable property.

After exhausting their search, Brad and Shelly made an offer on a Slice of Florida listing, but it wasn’t accepted. Their buyer’s agent let us know they wouldn’t improve the offer and would pivot to their second-choice property instead. They got that one under contract but circled back to us one last time before shelling out for inspections.


We negotiated an acceptable price and terms for our sellers, and the deal went under contract. Keep in mind: Brad and Shelly were now under contract for two homes. With an inspection already scheduled for the other property, they simply switched the address to our listing. It was inspected just two days after signing.


Brad attended the inspection, while Shelly joined via video chat. They were buzzing with excitement—discussing furniture placement and other home-buying thrills. Brad even taped off spots on the floor to visualize where pieces would go. He also had DR Aluminum out to quote a new pool cage, since the home didn’t have one by design. Brad made it clear he’s a contractor and could handle pretty much any other improvements himself.


Late that night, after the inspection wrapped up, we received a signed Release and Cancellation form from the buyer’s agent. In the email, she noted that the buyers would be willing to proceed if we renegotiated the contract—otherwise, they were canceling.


…And this is one reason I love backup offers! We had a fully signed backup ready to go, so the sellers promptly signed the cancellation and moved on to the next buyers. Those backup submitters had been skeptical at first, but they became instant believers

Steve Martin Smith is the Broker/Owner of Slice of Florida Realty and Host of the globally downloaded Real Estate Agent Man Podcast

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