Home Buying in Porter>Question Details

Holly24, Renter in 77365

Can a listing agent fake an offer?

Asked by Holly24, 77365 Thu Apr 7, 2011

We are using our own agent, not the listing agent. Things have been fishy w/ the listing agent, he has been a real stinker with everything (long story, but he basically didn't want to help with costs so we found an agent who would take some of his commission and give it to us, and I'm sure that made him mad). We put in our offer, and all of a sudden HUD says they have accepted another offer, no contracts signed yet, and have ours on backup. But we were the only ones making an offer, there was no one else that we had heard of. Is there any way the listing agent could have manipulated the system to fake an offer to screw us over? Any way at all??? Please help

Help the community by answering this question:


The listing agent probably could.. but it wouldn't make sense. He would be screwing himself over in the process. Remember, this is a market where buyers are a bit scarce. You could give the HUD a call and see for yourself..

Just keep in mind you never really know what other people are doing and someone may have placed an offer at any time.

I hope all works out for you!
0 votes Thank Flag Link Thu Apr 7, 2011
A reputable agent who belongs to the National Association of Realtors would be going against the code of ethics if this was done. It is possible that another offer came in from someone neither you nor your agent is aware of....stranger things do happen. Ask your agent if he can get a copy of the offer to rent from the other agent. He doesn't have to give you this but if you saw it in writing you might feel better. Hang in there though because deals fall apart and you may get this after all. Remember, the listing agent doesn't come with the property. Once you get it, he will be out of there. Don't get caught up in the drama of it all. Just do what is best and let the chips fall where they may. Another property is around the corner.
1 vote Thank Flag Link Thu Apr 7, 2011
Most realtors do go against the code of ethics.. You have got to be kidding. You got us into this mess remember Susan.. I would never trust an agent again as long as I live.. O and E You are protected from anything you do wrong. So please do not give me a lie..
Flag Sat May 4, 2013
They shouldn't but its possible that some may do it. Not a good way to manage a business though. They should try honesty...,
Web Reference: http://EveryListingNow.com
1 vote Thank Flag Link Thu Apr 7, 2011
Thank you so much for your comments everyone, they were very helpful. Its good to know that this is just another offer. Its too bad we didn't get it but we will keep looking!
1 vote Thank Flag Link Thu Apr 7, 2011
Hi Holly

Unlikely, HUD is a Federal Body, and a listing agent is not going to risk
license, prison for a Home.

Good luck
0 votes Thank Flag Link Sat May 4, 2013
Have you tried having the agencies Broker handle the offer for you? This may ensure that the transaction
your involved in is handled without any funny business. As a listing agent myself, I would never fake an
offer mainly because of my reputation but also the fact remains that if there is no other offer and you pull your offer off the table, that agent just did a hugh injustice to you and his/her homeowner. Because now they have nothing.
0 votes Thank Flag Link Thu Apr 7, 2011
We are bound by a Code of Ethics. If you feel you have been violated, please contact the Board of Realtors in your community and file a complaint. Your state Dept. of Commerce, Real Estate Division will investigate your complaint. Be sure you have documentation on your case. Nancy Eubanks, Realtor, Springfield, Ohio
0 votes Thank Flag Link Thu Apr 7, 2011
0 votes Thank Flag Link Thu Apr 7, 2011
There is no way to "fake" an offer on HUD owned properties.
All offers are submitted on line by HUD certified agents.
All offers have to be in writing
There is no such thing as a verbal orffer
0 votes Thank Flag Link Thu Apr 7, 2011
Why and agent ONLY gets paid when a property closes.

Not involved with all particulars "he said she said" I don't believe they are playing games

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Thu Apr 7, 2011
There is no way to "fake" an offer on HUD owned properties.
All offers are submitted on line by HUD certified agents. In addition the agent is certifying they have the Earnest Money check in their possession and must send all documents to HUD within 48 hours of acceptance.
On the other hand it is illegal in most states for a Buyer's agent to pay an incentive to a client as an inducement to get their business. If the commission reduction you speak of is evidenced by a reduction in the sales price and is disclosed to all parties it is acceptable. However, if the agent is paying cash back to you after closing it a license violation and is definitely not OK.
In distressed property or bank owned properties it is not unusual for interested parties to appear out of nowhere to make an offer. In many instances the selling prices get bid up so as to make the "deal" closer to market value or even exceed market value.
Good luck in your search,
0 votes Thank Flag Link Thu Apr 7, 2011
Hi Holly,

I would be surprised, there is no real incentive for the agent to do that. Spite? maybe....but it's now clear that you are not going to work with him, so he does want to get the home sold. Also...on a HUD property, the offers are submitted online and by approved agents, so it's unlikely that he would submit an offer that was a fraud, too much liability and visibility.

So sorry....

0 votes Thank Flag Link Thu Apr 7, 2011
Hi Holly,

HUD is a totally different type of system....in that you have to be a registered HUD agent to make a bid. All bids are done on line. In the past you could see what bids had been made but with the new system you can't see if a bid has been made or accepted.

In short there is no way an agent can manipulate the system!! HUD is in complete control!!
0 votes Thank Flag Link Thu Apr 7, 2011
CAN they? I suppose it's possible, but it's unlikely.

But the fact that you didn't know about another offer, doesn't mean there wasn't one. The seller (or in this case the seller's agent) is under no obligation to tell you about any other offers in the cue. And particularly if it's a HUD property, the listing agent might not even be aware that another offer was in the works.

It seems highly unlikely that they would create a fake offer, to punish you, and give up a real offer.
0 votes Thank Flag Link Thu Apr 7, 2011
Alan May, Real Estate Pro in Evanston, IL

To keep things on the "up & up" consider contacting HUD directly to see if indeed the agent's information is accurate. If there is some manipulating going on, I'm sure they would like to be made aware of it.

Good luck,

0 votes Thank Flag Link Thu Apr 7, 2011
Holly if this is a HUD home then bidding was done online with HUD by your Realtor® and the listing agent has no knowledge of the bid. Also on a HUD property no one knows how many bids are submitted the current day if any.
0 votes Thank Flag Link Thu Apr 7, 2011
What does your Agent say about all this? Is is possible that another offer came in during the time you were writing your offer? Talk to your Agent & tell them how you feel. They should be able to direct you in this situation.
Good luck.
The Marie Souza Team
Cape Cod Real Estate Services
Phone: 508-790-2000
Web Reference: http://www.mariesouza.com/
0 votes Thank Flag Link Thu Apr 7, 2011
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