A Buyer's Guide to Pre-Emptive Offers

08.20.21 | For Buyers

A Buyer’s Guide to Pre-Emptive Offers

Whether you’re a keen follower of the real estate market or not, chances are you’ll most likely have heard all about how our local Ontario and GTA markets have been bustling over the past year or so.

Low interest rates coupled with multiple lockdowns forcing people to spend more time at home due to the COVID-19 pandemic have spurred our local markets on to new heights, with Canadians more eager than ever to invest in where they live.

With such a high demand for homes, the supply simply hasn’t been able to keep up, resulting in what’s known as a seller’s market. With such strong competition between buyers, many have resorted to using more bold negotiating tactics to help increase their chances of landing a home.

One common negotiating tactic we’ve seen from buyers over the past year or so is the pre-emptive offer. To learn more about what they are and when they come in handy, use this post as your introductory (or reminder) to the power of the pre-emptive offer.

What Is A Pre-Emptive Offer?

A pre-emptive offer, or ‘bully offer,’ as it’s also commonly referred to, is an offer to purchase a home submitted by a buying party to the selling party.

A pre-emptive offer can only be submitted when the selling party has set what’s known as an Offer Date, meaning they will only receive and review offers for their listing at a certain time and date. As the name suggests, a pre-emptive offer is when a buyer submits an official offer for a home before the set Offer Date.

This is where the term ‘bully offer’ comes from, as this eager buyer is essentially skipping the line to get their offer in front of the eyes of the sellers first.


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Why Do They Happen?

While submitting a pre-emptive offer is completely legal, they do directly challenge the requests of the selling party. However, when they are submitted, they’re generally submitted by buyers in order to make a clear statement of intent to the selling party.

If a buyer is willing to break the requests of the sellers so that they can get their offer in front of the eyes of the seller before any other buyers have had a chance to, it usually means that the pre-emptive offer will be of predictably high interest to the sellers.

How are They Different?

Most often, a pre-emptive offer includes a pricepoint that far exceeds the sellers’ original asking price and expectations and comes with a set of terms and conditions that are favourable to the selling party.

When buyers submit a pre-emptive offer to a seller, they obviously run the risk of aggravating or annoying sellers who have made it clear they wish to wait to receive offers to purchase until a set offer date. Therefore, in choosing to submit a pre-emptive offer, it must be convincing enough that the sellers don’t experience that negative reaction. In fact, Seller’s often sign forms instructing their Realtor® not to present any offers to them until the set date. So, if a Bully Offer arrives the Sellers may not even see the offer depending on how the Realtor® handles it. For the Seller to review the offer, the Seller must agree and the written instructions for the Offer Date must be changed and all interested parties must be notified of the Offer Date change.

That being said, sometimes Offer Dates are set by selling parties with the hope that a strong pre-emptive offer does come in, in fact. Understanding when that’s the case can prove to be quite tricky, however.


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When Should You Submit A Pre-Emptive Offer?

An Offer Date is sometimes set by sellers when they would, in actuality, like to entertain the idea of receiving a “blow your socks off” bid. In that case, your Realtor® needs to have had some kind of indication from the selling party’s Realtor® that this is the case.

If that’s not the case and your Realtor® isn’t exactly sure the sellers are hoping to receive pre-emptive offers, you must navigate your approach to submitting one carefully. Here are two rules we suggest you follow:

1. Only submit a pre-emptive offer if it’s significantly higher than the initial asking price of the sellers and higher than the expected market value sale price — an amount that will truly raise their eyebrows and consider the bid before reviewing the others.

2. Additionally, the bid should contain terms and conditions that are very favourable to the sellers, which more often than not means little-to-no terms or conditions and an agreement you’ll buy the home “as-is,” and without the requirement of a secondary home inspection.

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When Should You Avoid A Pre-Emptive Offer?

The first rule here should be to trust the experience of your real estate advisor. If they advise that you don’t go down the route of submitting a pre-emptive offer, it’s best to trust them — especially if they have comprehensive experience in negotiations and/or dealing with the selling party’s real estate advisors.

In addition, it’s also not a great idea to submit a pre-emptive offer if it doesn’t significantly exceed the sellers’ initial asking price. The last thing you want is for your sellers to feel “low-balled” before they’re even prepared to start reviewing offers.

Most likely than not, if your pre-emptive offer includes terms and conditions that aren’t minimal at most, then it simply won’t be considered by the sellers. With that in mind, if you don’t already have a great knowledge of the home you want to buy, it can be risky submitting an offer for it as-is.


At the Barnett Real Estate Team, we help clients of all experience levels and price points buy the homes of their dreams. Learn more about what we do and how we can help you here: