When multiple buyers submit offers on the same property, the situation becomes what’s known as a competing-offer scenario. Clause 8 of the Nova Scotia real estate form titled Competing Offers outlines how the seller wishes their agent to handle these situations. Though it may appear like a small checkbox on paper, this section can have major consequences for both sellers and buyers.
As a Halifax-based realtor, I’ve guided many clients through this exact process. Understanding how this clause works can make all the difference in how confident and protected you feel when it’s time to make or review an offer.
Prior to July 2025, the listing documents lacked clear rules regarding competing offer. Prior to the COVID-19 pandemic Nova Scotia has historically been considered undervalued.
What the Clause Says
Section 8.1 (a) asks the seller to choose one of three instructions for the designated agent:
- Inform the competing buyers that they are competing and how many buyers they are competing with.
- Inform the competing buyers that they are competing but not how many others there are.
- Not inform the competing buyers that they are competing.
The rest of the clause includes two further protections:
- (b) The seller acknowledges that their agent will not disclose the contents of any offer to the competing buyers. This keeps price, deposit, and conditions confidential.
- (c) If the seller later changes their mind about how competing offers should be disclosed, the agreement must be amended. In other words, the seller cannot shift strategy mid-negotiation without a written update.
Why Sellers Must Decide in Advance
Competing-offer handling is one of the most sensitive parts of any negotiation. Deciding in advance avoids confusion and ensures compliance with the professional standards set by the Nova Scotia Real Estate Commission.
When I sit down with my clients, I walk them through these choices carefully so they understand how transparent or private they want the process to be. Your comfort level and selling strategy should guide that decision. The option you choose shapes the entire tone of the negotiation, whether it becomes a fast-paced bidding competition or a more private evaluation of individual offers.
Option 1: Full Disclosure of Competition
With this choice, I inform all buyers that there are competing offers and how many are on the table.
Seller Benefits
- Encourages higher bids: Buyers often present their best price upfront when they know others are competing.
- Saves time: It can reduce back-and-forth counteroffers and speed up the sale.
- Creates urgency: Buyers are more motivated to act quickly on a well-priced listing.
Buyer Implications
- Pressure to move fast: Competition can feel intense, especially for first-time buyers.
- Reduced negotiation room: Buyers may waive conditions to stay competitive, which increases their risk.
- Informed strategy: The advantage is clarity, you know the playing field and can decide if you’re ready to compete.
When I represent buyers in this scenario, I make sure they fully understand the risks, their budget, and how to strengthen their offer without overextending themselves.
Option 2: Partial Disclosure
Here, I let buyers know that competition exists but do not reveal how many offers there are.
Seller Benefits
- Maintains an element of mystery: It keeps buyers interested but avoids triggering a bidding frenzy.
- Strategic flexibility: If there are only a few offers, the seller doesn’t appear desperate; if there are many, the excitement still works in their favor.
Buyer Implications
- More uncertainty: Without knowing the number of offers, it can be harder to decide how aggressive to be.
- Still fair play: Everyone is aware that others are interested, and no one receives confidential details.
When I guide clients through this, I help them understand that sometimes limited disclosure creates balance, it keeps competition fair but not frantic.
Option 3: No Disclosure
If the seller chooses full confidentiality, I do not tell buyers that there are competing offers at all.
Seller Benefits
- More control: Negotiations stay private and calm.
- Fewer emotional swings: It helps avoid bidding wars that can lead to buyer’s remorse or withdrawals.
Buyer Implications
- Possible surprise: Buyers may believe they’re the only ones making an offer, only to discover later that the property has sold to someone else. When buyers think they’re the sole contender, they often try to negotiate the price down. If they knew there were multiple offers, they might instead increase their bid.
In this case, I focus on clear communication and fairness to make sure both sides remain confident that the process was handled with integrity.
The Role of the Designated Agent
Under paragraph (b), the designated agent acts as a neutral communicator. I can confirm the existence and number of offers if the seller allows it, but I cannot share the price, terms, or any identifying information.
My role is to protect confidentiality while keeping everyone properly informed. Whether I represent you as the buyer or the seller, my responsibility is to communicate fairly, avoid bias, and ensure every party understands where things stand.
Why Amendment Rules Matter
Sub-paragraph (c) requires that if a seller changes their instructions about disclosure, we must amend the agreement in writing. This prevents confusion or potential ethical concerns.
For example, if a seller first chooses not to disclose competition but later decides to share that information, we document the change immediately. That written amendment keeps the process transparent and consistent for everyone involved.
How This Clause Affects Real Estate Dynamics
For Sellers
- Strategic control: Sellers get to decide how open they want the process to be.
- Trust and reputation: Being clear about disclosure rules builds credibility with buyers and other professionals.
- Legal protection: Having clear written instructions prevents misunderstandings and protects your interests.
For Buyers
- Awareness: Buyers can better gauge how competitive the market is.
- Financial readiness: Understanding the level of competition helps set realistic price expectations.
- Emotional management: Knowing the process reduces stress and helps buyers make confident decisions.
As your realtor, I make sure you know exactly what type of situation you’re stepping into. If you’re a seller, I help you choose the disclosure level that aligns with your pricing strategy and comfort. If you’re a buyer, I guide you in reading the signals and structuring your offer wisely.
Broader Context in Nova Scotia
In today’s Halifax real estate markets, multiple-offer situations are increasingly common. This clause reflects the industry’s effort to promote transparency and fairness for everyone involved. It’s designed to protect both parties while giving sellers flexibility and buyers clarity.
The goal is transparency balanced with confidentiality, transparency about the existence of competition and confidentiality about the details of each offer.
What This Means for Buyers and Sellers
The “Competing Offers” clause may look like a small detail, but it plays a major role in how real estate transactions unfold. For sellers, it shapes how much control and momentum they have during negotiations. For buyers, it sets the tone for how to compete effectively and responsibly.
As your realtor, I’m here to make sure you understand exactly what these choices mean before the paperwork begins. Whether you’re buying your first home, moving up, or preparing to sell, I guide you through every step so you can make confident, informed decisions.
If you have questions about how this clause applies to your situation or want to discuss strategies for handling multiple offers, I’d be happy to walk you through it. You can always reach me directly, and together we’ll make sure you’re protected, prepared, and positioned for success in today’s market.
Business Information:
1959 Upper Water St, Halifax, NS B3J 3N2, Purdy’s Wharf Tower 1
Alisha Caillie-Fleet- Realty in Halifax, Nova Scotia
alishasellshfx@gmail.com
902-489-4911
