Maine Buyers Are Winning Homes With Backup Offers as Deals Collapse Over Minor Disputes

Most deals that fall apart in Maine do not collapse because of financing problems or appraisal gaps. They collapse at the negotiation table, usually over inspection disputes worth a few hundred dollars, according to Joshua Cousineau, an agent with Cousineau Real Estate whose team covers a corridor from Kennebunk to north of Bangor. That pattern has turned an overlooked tactic – the backup offer – into one of the more effective tools available to buyers this fall.

Cousineau says his team has made backup offers a deliberate part of their buying strategy. The logic is straightforward: if a meaningful share of deals are dying over minor negotiation failures, buyers who position themselves behind those deals stand to benefit when they unravel.

Why Deals Are Falling Apart

Cousineau says “the primary reason I see deals fall apart is inexperienced agents.” The breakdown typically happens during the inspection phase. Repair requests surface, quotes come back, and the seller offers to cover most but not all of the cost. An experienced agent presents that partial concession as progress. An inexperienced one frames it as a shortfall.

He describes a current deal where repair quotes came back around $5,500 to $5,800 and his seller client was willing to cover work and contribute up to $4,000 toward closing costs. Because the buyer’s agent was experienced, the deal held together and is set to close. But Cousineau says that same situation easily could have gone the other way with a less skilled agent. Deals fall apart “over very minor things, over minuscule items.”

That fragility is what makes the backup offer valuable. In Cousineau’s experience, roughly 30 percent of the backup offers his team submits eventually close.

What a Backup Offer Costs

The appeal for buyers is that the risk is close to zero. As Cousineau puts it, “for a buyer, it doesn’t cost them anything.” The buyer fills out a form and stays in line. Meanwhile, “they still can look at other houses, they can still see what’s out there.” If something better comes along, the buyer terminates the backup offer and moves on.

The upside can be meaningful. Cousineau notes that “a lot of times those sellers don’t expect that the deal will fall apart.” When it does, they face relisting, new showings, and potentially weeks of additional time on market. A backup buyer already in position looks attractive – and in Cousineau’s experience, sellers sometimes accept a lower price from the backup buyer than they originally agreed to with the first buyer. The motivation to avoid starting over can outweigh holding firm on price.

Seasonal Pressure Makes It Stronger

This dynamic intensifies with Maine’s calendar. Properties that do not sell before Thanksgiving often sit through a slower winter stretch that runs into January. Cousineau says days on market are climbing into the 30-to-50-day range for many properties. Homes with unique characteristics – large acreage, horse farms, properties with outbuildings – are taking even longer.

That seasonal pressure creates more motivated sellers and more willingness to negotiate, which means more deals cracking under clumsy negotiations. Cousineau says he is watching for properties that are slightly overpriced and have been sitting on the market, where sellers are starting to worry about having to spend the winter unsold. For buyers, that environment is ripe for backup positioning.

Move-in-ready homes in populated areas still move quickly – Cousineau describes a small three-bedroom in Portland that drew seven people to its first open house and had offers within two days. But properties outside metro areas or with unusual features are where deals stall and backup offers gain traction.

Where It Works Best – and Where It Does Not

Backup offers require patience. Buyers may wait weeks with no result, and the 30 percent close rate Cousineau cites means most lead nowhere. It is a volume play, not a sure thing.

The strategy also matters more for buyers facing the tightest inventory. Cousineau says the most constrained segment is below $230,000, where his team has five or six buyers seeing a suitable property only once every eight to ten days. In that range, every viable listing counts, and losing one to a negotiation failure stings. A backup offer is one of the few ways to stay connected to a property without competing head-to-head for it.

For buyers willing to fill out a form and wait, the math favors trying. The cost is zero, the obligation is zero, and in a market where deals are breaking over minor disputes between inexperienced agents, the backup position occasionally delivers a home at a price the first buyer walked away from.

About the Expert: Joshua Cousineau leads a residential team at Cousineau Real Estate, covering Maine from north of Bangor down to Kennebunk.

This article is intended for informational purposes only and does not constitute legal, financial, or investment advice. The views and opinions expressed herein reflect those of the individuals quoted and do not represent an endorsement of any company, product, or service mentioned. Readers should conduct their own due diligence and consult qualified professionals before making any investment decisions.