It’s a hot seller’s market in Phoenix area’s Active Adult Communities and some sellers are getting backup offers for more than the contract they accepted.


If the seller is the breaching party the buyer can sue the seller for specific performance (this will result in a lis pendens), the buyer’s agent and broker can also sue the seller for commission and the listing agent and broker can sue the seller for commission. In the end, it will most likely cost the seller more than he hopes to get from the back up offer and there will be a cloud on the title from the Lis Pendens.