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Tom, Home Buyer in

Another unethical agent or just doing his job?

Asked by Tom, Thu Jun 28, 2012

True Story: I saw online a house I was very interested so I contacted an agent to set up a viewing. I travelled to the other city it was located in and early the next morning I received a call from my agent. He said that the listing agent had called with information that the sellers had just accepted an offer the day before.
The house had been on the market for months so I marked that up to just poor luck. My agent said he would keep an eye on the house just in case. (the listing agent discoureged any back-ups because the offer was 'strong'. A week later my agent learned that there never was an accepted offer only negotiations going on that fell through. We had already put an offer on another house at that time so we were disappointed that we were not told the truth. But I understand that agents really seem to be able to get away with a lot of subterfuge and no one takes them to task. It seems a lot like the used car business o worse because more money is involved.

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I would never discourage an agent from bringing an offer if my seller had not signed on the dotted line yet! I think you're confusing subterfuge and idiotic. It was stupid of that listing agent to assume the deal was going to work and discourage you from making an offer.
1 vote Thank Flag Link Thu Jun 28, 2012
This may be too complex of a real estate environment for you.
You clearly don't know what you are doing.
You are apparently not achieving your goals.
Now you are looking for someone to blame other than taking responsibly to learn how to play with the big boys.

But it is kinda fun to conjure up all this conspiracy stuff..right? You will find the audience more receptive with the zealots on zillow.

In the end, when dealing with folks like yourself, what Sally said is worth repeating,
"we're damned if we do, damned if we don't!"
There's no way to keep the unprepared happy.
2 votes Thank Flag Link Fri Jun 29, 2012
True Story: Tom has too much time on his hands.
Flag Fri Jun 29, 2012
Annette, Why defend an agent you don't know regarding facts you don't know anything other than what I have said? The obvious reason is blindly defending your fellow agents no matter what. It just makes you look as sleazy as the agent that lied to me. This must be the way you are used to doing business too.
Flag Fri Jun 29, 2012
You are quite cavalier with your condemnation of Agents:
Do you say the same things about Used Car salemen when you are drinking with buddies?
I take great offense at your wording.

Do you take advantage of people in your profession, or is it all in the name of business for you?
1 vote Thank Flag Link Thu Jun 28, 2012
You are creating a red herring..... Your personal level of tolerance to an insult non withstanding this agent according to the description acted unethically. I like how you and a select few others so conveniently are willing to play the victim here
Flag Fri Jul 6, 2012
1) Your agent should have submitted your written offer if that's what you instructed them to do. Agents are only representing you, they are not calling the shots.

2) If your real estate agent and the listing agent are both Realtors, then they should know what the Code of Ethics states about offers and the submission of offers which are covered in the Standards of Practice.1-6 an 1-7.

When I represent my clients, I don't shirk my fiduciary duties -- one of those affirmative duties is that of "obedience." If you didn't instruct your agent to submit an offer, it's on you.

Doesn't sound like the used car business to me at all -- and unless you can justify the blanket remark and actually correlate references to substantiate that, it's meaningless. It does, however, sound like everyone involved in this are clueless on how to practice real estate.
0 votes Thank Flag Link Sun Jul 1, 2012
The way you present the information it sounds like the listing agent was in fact being unethical and did not preform his fiduciary respectability to his client the Seller. All offers should be presented , and back up offers while typically a waste of time should always be encouraged.

In this case it's the Seller sho should be filing a complaint after firing their agent.
0 votes Thank Flag Link Sun Jul 1, 2012
Only unethical thing that could be possible is that the "other deal" was directly through the Listing Agent...... In the way presented it does sound a bit fishy!
0 votes Thank Flag Link Sun Jul 1, 2012
I don't know of a seller that wouldn't accept a "back up offer".

If presented with the same situation, ask to summit a back up offer. If the agent says he/she is not taking back up offers, speak to the agent's Broker and have them contact the seller.

Never hurts to put in a back up offer.

I've had buyer's end up buying a house as a "back up" buyer!

As far as unethical, surely not being told the truth is unethical, and very sorry you had to endure this kind of behavior. Unfortunately, there are unethical people in every business, but as you said, when it's an emotional charged, high dollar item, it makes it that much worse to have to deal with this behavior.

There are MANY good, professional agents out there...find a good one, stick with him/her and they'll help you thru the process!

Good Luck
0 votes Thank Flag Link Sat Jun 30, 2012
According to the facts you present, the listing agent violated the REALTOR(R) Code of Ethics, which says that a listing agent must truthfully disclose to other agents the status of offers. Perhaps the listing agent is not a REALTOR(R) (a member of the National Association of REALTORS(R)) and is not bound by the Code, but regardless it is just simple professional courtesy.
0 votes Thank Flag Link Fri Jun 29, 2012
Real Estate is quite dynamic and what one days seems like a sure deal could be dead in the water soon afterwards. So I wouldn't be hasty in jumping to conclusions about the agent's ethics.
0 votes Thank Flag Link Fri Jun 29, 2012
You don't get it. The agent has a duty to get back up offers in case deal one falls through. The listing agent was protecting his double commission by turning away potential buyers from outside agents!! The owners (out of town) interests were not best served? Get it? It was all about what was going to be best for the agent.
Flag Fri Jun 29, 2012
Tom, based on the information you've given us... I'd say it was an agent who was not "just doing his job". But I'd want a lot more information that is given here, to make that final determination.
0 votes Thank Flag Link Thu Jun 28, 2012
Alan May, Real Estate Pro in Evanston, IL
MVP'08
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What was the truth?? It is possible that the listing agent received an offer, the seller accepted, and then the buyers back out.


and,...you have backed out of that other house if you really wanted the 1st home.



Ohh, Your "realtor" didnt tell you that either?
0 votes Thank Flag Link Thu Jun 28, 2012
Sally,
you could be right, the possibility does exist;
that is, assuming that we have a correct interpretation of the events.
0 votes Thank Flag Link Thu Jun 28, 2012
One bad apple does not ruin the whole bunch. Unfortunately, there are some agents who aren't great and some who are. In this case, it's hard to say if the agent did a poor job or not. Maybe it was a case of laziness? He had an offer that seemed strong at the time and assumed it would stick. Would I do that? Probably not. I would encourage any and all offers. Maybe he just didn't feel like dealing with another offer?...who knows. But what's done is done. No use crying over spilled milk.

Most agents are honest and want to do the right thing for their clients. But on the flip side...someone could argue that if the listing agent had told your agent to go ahead and bring an offer, then he'd be trying to create a "bidding war" situation. So...we're damned if we do, damned if we don't!
0 votes Thank Flag Link Thu Jun 28, 2012
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