I made an offer last tuesday and the real estate agent hasn't sent it in yet I think she is waiting for a

Becky
Other/Just Looking
48009

better offer is this fair? I feel like she is doing something illegal. How long do they have before they have to turn your offer in?

Answers (3)
The Pearson Gro...
Agent
Clarkston, MI

Becky,

You are getting alot of answers from various parts of the country. Provided the real estate agent you are working with is a member of the National Assoication of Realtors we have the "Code of Ethics" in common. I have included the link to the code that Realtors who are members agree to: http://www.realtor.org/realtororg.nsf/pages/consumersplash

I have found the real estate laws in Michigan and Florida, where I am an licensed associate broker, to vary quite a bit. Therefore, I would imagine the laws vary from other states as well. I will also provide my typical disclaimer and that is Realtors, unless they are a licensed attorney, will not or should not provide legal advise.

I am not comfortable making judgement without having a clear understanding of your circumstances. Your questions as noted by the answers you have received raises many questions from the professionals here.

I hope that you are working with a Realtor under an "Exclusive Buyer Agency Agreement" If so, I would discuss all options you have. Is your offer a reasonalbe, good offer? If you don't believe it is, consider making another offer. If there are multiple offers on one property, particularly if it is bank owned, the seller often instructs the listing agent to inform all buyers of the multiple offer situation and they make a request for your highest and best offer. I suspect that may be an option you might consider now. Of course, I would want more understanding before I would be able to provide one of my clients on such a decision.

Hope this works out for you.
Kay Pearson, CRS
Associate Broker
Real Estate One - Max Broock
31 S. Main Street
Clarkston, Michigan 48346
kaypearson@maxbroock.com
248-860-0366

Sun May 17 2009, 11:51
Walter J. Fabis...
Broker
08226

Has the real estate agent given you a reason as to why he/she hasn't presented the offer? Is your agent also the seller's agent?

The National Association of Realtors Code of Ethics says the following:
Article 1 - Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers objectively and as quickly as possible.

Most likely, your agent cannot reach the seller for some reason or another (vacation, family emergency, etc.). I would doubt that your agent is withholding an offer in the hopes of a stronger one. If that were the case, the agent would present yours and expect a counter offer from the seller.

If you truly feel that your agent is not representing you very well, my recommendation would be to give the office manager or Broker of Record a call and explain your situation. Brokers are responsible for the actions of their agents and step in from time to time if they have an unsatisfied customer or if they find that one of their agents is not acting in an ethical manor.

I hope this was helpful.

Sun May 17 2009, 11:02
Chris Mabry...
Agent
Tucson, AZ
FIRST ANSWER

Hello Becky,
This is a real problem that is probably going to cost you this home. Some important details were left out of your question: The agent you are speaking of, is she the listing agent representing the Seller? Do you have a buyer's rep representing you? Is the property you offered on a bank owned foreclosure? Did your offer have an expiration date? All of these factors are important considerations in the advice I would give you. If it is a bank owned, sometimes they will only look at offers on a set day of the week. (Ridiculous!) For starters, any real estate agent is responsible to a code of ethics. Time is of the essense no matter what the circumbstances. If this agent is holding your offer, then she is not doing her job and should be held responsible. Confront her, TODAY, about the status of your offer. Maybe she has sent it off to the seller/bank and is just waiting for a response. Sometimes this does take a while. Either way, the best thing for you to do is speak to the agent, preferably your agent if you have one, and ask them for a status. This offer should have been sent off last week. I hope it works out for you. Good luck.

Sun May 17 2009, 10:41

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