Back pocket offers are property of which party while they remain in the possession of their agent?

• A. They belong to the buyer/client
• B. They belong to the seller
• C. They belong to the broker
• D. They are public records

Answer: (A)

Back pocket offers belong to the buyer/client while they’re in the agent’s possession. The offer is prepared on behalf of the buyer and reflects the buyer’s terms and intent. Until the seller sees it and a decision is reached (acceptance, rejection, or counter), the buyer retains control of that offer, including the right to withdraw or modify it. The broker acts as a custodian, holding the document in confidence for the client. It isn’t owned by the seller or by the broker, and it isn’t public records. Once the offer is presented and becomes a contract, it then binds the parties, but ownership remains with the buyer while it’s still in the agent’s hands.