Often sellers do not want to cease marketing if the purchaser also has to sell his or her property before they can buy. Others want to continue marketing if it is uncertain whether the purchasers will qualify for a loan.

Many a transaction has met its end due to the inadequate wording of the so-called “back door clause”.

Important aspects to record as part of the continuation of marketing:

The clause should define what types of offers shall be deemed competitive and may be accepted by the seller.

The notice should be accompanied by a copy of the competing offer.

The clause should educate the first purchaser about what his or her options are when receiving notice.

It should stipulate that the purchaser may: