Yes. In most cases, a buyer or seller can withdraw an offer or counteroffer at any time before it has been accepted and properly delivered.
Once an offer has been fully signed by both parties and delivered according to the agreement, it becomes binding. Until that point, either side still has the ability to withdraw.
When Can an Offer Be Withdrawn?
An offer can be withdrawn any time before it has been accepted and delivered.
That means:
- If the seller has not signed it yet
- If the seller has signed it but it has not been properly delivered back
In either case, the buyer can still withdraw the offer.
Once the signed agreement has been properly delivered, the buyer is bound by the terms.
What About Counteroffers?
The same general rule applies to counteroffers.
A counteroffer can be withdrawn at any time before it has been accepted and delivered.
This applies to both sides:
- A seller can withdraw a counteroffer
- A buyer can withdraw a counteroffer
Up until the time the other party has properly signed and delivered it.
What Does “Accepted and Delivered” Mean?
For an agreement to be binding, it is not enough for both parties to sign.
The signed agreement must also be delivered according to the notice provisions in the agreement.
In today’s transactions, this is most commonly done by email. The signed document is sent to the other agent and CC’d to that agent’s firm’s authorized email address, which is published in the MLS for notice and delivery purposes.
The date and time stamp on that email establishes when delivery occurred, as long as it was sent correctly to both the agent and their firm.
What Happens If Both Sides Act at the Same Time?
There are situations where timing becomes important.
For example:
- A buyer may send a withdrawal
- While a seller is signing the offer
In those cases, the outcome depends on which action is delivered first.
If the withdrawal is delivered before the acceptance is delivered, the offer is no longer valid.
If the acceptance is delivered first, the agreement is binding.
Does a Withdrawal Have to Be in Writing?
Yes.
Under the NWMLS forms, withdrawal is done through written notice. Best practice is to use NWMLS Form 36A for withdrawing an offer or counteroffer.
Delivery timing is based on when the notice is received, which is typically established by the date and time stamp on the email sent to the other party’s agent and their agent’s firm, or when it is physically delivered.
Why This Matters in Real Transactions
Withdrawal is not something that comes up in most transactions, but it can happen.
Understanding how it works helps buyers and sellers:
- Avoid confusion during fast-moving negotiations
- Understand when they are committed and when they are not
- Make decisions with more confidence
The key point is simple:
Until an offer or counteroffer has been fully accepted and properly delivered, it remains active and either side can choose not to move forward.