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Is the highest offer always the best offer for a commercial property?

By Seth Woods · Commercial Real Estate Advisor
Published · Updated

No. Compare the likely net proceeds, buyer readiness, contingencies, timeline, and obligations in each offer. A higher number may still be preferable, but it should be evaluated alongside the conditions attached to it. The best fit depends on your priorities and a careful review of the proposed contract.

What should an offer comparison include?

Create one comparison sheet so that every offer is evaluated on the same basis. Include price, proposed credits, deposit terms, diligence period, financing conditions, closing date, extension rights, and seller obligations. Ask the attorney to explain how the actual contract handles each item.

Distinguish a buyer’s stated intention from a documented commitment. A proposed all-cash purchase still requires evidence of funds and an examination of the conditions under which the buyer can exit.

How can a higher price come with a trade-off?

Imagine two hypothetical offers: $3 million with a 90-day diligence period and a financing condition, or $2.9 million with a 30-day diligence period and documented funds. Neither wins automatically. The seller needs to understand the remaining conditions, the buyer’s plan, and the value of timing in their own situation.

Do not label the shorter offer “certain.” Inspections, title, and other contract requirements may still matter. Instead, identify the evidence supporting execution and the uncertainties that remain.

Which buyer questions help evaluate execution?

Use lawful, transaction-relevant evidence. An attractive promise should be tested against the steps necessary to complete it.

How I connect the offer to the owner’s goal

I start with the outcome the owner defined before marketing. If timing is central, the conditions affecting the schedule deserve close attention. If maximizing proceeds is the main priority and the owner can tolerate a longer process, a different balance may be appropriate.

Review the trade-offs before countering. An improved deposit, a clearer diligence scope, or revised timing may matter alongside price. Your attorney should advise on enforceability and the meaning of proposed terms.

Does a larger deposit guarantee that a buyer will close?

No. The amount matters alongside refundability, deadlines, conditions, and the contract’s remedies. Evaluate the entire proposal with counsel.