What position does a buyer have in Section A of TREC Form 11-7 Addendum for a Backup Contract?

In Section A of the TREC Form 11-7 Addendum for a Backup Contract, the buyer essentially holds a weak position because they need to rely on the first offer falling through for their contract to become effective. This form is specifically crafted to protect the interests of a buyer who is looking to enter into a backup position, indicating that while they may have an opportunity to proceed with the purchase, their ability to do so is contingent upon the status of another offer that is already in place.

This structure means that the buyer in the backup position does not have the same leverage as the primary buyer. They must wait and hope that the first offer fails or is unable to complete the transaction. The buyer's reliance on the failure of another party leaves them in a vulnerable state, highlighting the precarious nature of backup contracts. Therefore, this correctly reflects the limitations and uncertainties they face, confirming that their position is indeed considered weak.