can you take back up offers on a deal if you suspect a buyer is

[Ann N.]

if you think your buyer is getting flaky... can you take back up offers on a deal you are going to assign at closing?

[Blair Poelman]

Check your state laws to be sure, but I would expect that you can take a backup offer.  

You would likely be required to tell your backup that he/she is in a backup position, but I'm not aware of any law in any state I've worked in recently that would prevent any seller from taking a backup.

most backup offers are going to come with the backup position disclosure, which should include a clause saying that if your primary buyer closes, the backup offer is cancelled.