Ask your agent to call the listing agent and request the status be changed.
If that does not happen, ask your agent to "report MLS violation"
If that does not work and only after,...
go to the local Association of Realtors office and speak with the clerk.
Let them know and usually it will be taken care of.
More than likely this is on a short sale.
Many agents see no reason why they should not leave it active even after they have accepted an offer.
the only problem is, it is against the rules and fellow REALTORS write the rules so all agents can work well together.
The problem with a property that is already been signed is it wastes so many peoples time.
think about it.
The home is off the market as it is in contract.
Many buyers look at it online - a waste of time
Many home buyers ask agents to show them the property - another waste of time
Then the agent schedules to show the property - another waste of time
The home seller may have to be home to show the property - another waste of time
The home buyer and the agent go to see a house that is no longer on the market - another waste of time.
Because of this rampant "status listing violation", many Home buyers agents have to have a conversation with the listing agent to Verify the property is indeed for sale and getting a hold of an agent sometimes can take 1- 2 days - another waste of time.
It has been my experience that if an agent does this, there may be other issues that may be less than par. Such as and trust me the list is endless
accepting yet another offer,.... and submitting it to the bank behind every ones back and you would never know as you have no idea who by name is in first position. Thus thinking you may have some sort of a shot being in "second position"
Harold Sharpe - Broker
So Cal Homes
California Department of Real Estate Broker License # 01312992
However, as also noted, sometimes the MLS status isn't promptly updated. So it's possible/likely that there is a primary offer.
If yours were the primary offer, you'd have put in a limited time frame so the offer couldn't be shopped around. And that, presumably, is what the buyers in first position did.
And there are plenty of ways for the sellers to accept an initial offer but welcome and encourage backups.
So, the scenario you outline (accepting a back-up without a primary) is technically impossible and, frankly, unnecessary.
For more information, ask your Realtor.
Hope that helps.
From there the MLS department should send out an email to the listing agent & to their broker notifying them of the apparent violation.
I use this Report Violation function especially on short sale listings that are showing Active, but also showing "Offer(s) submitted to Lien holder(s)", if a property is under contract it must show a status other than Active. In my opinion it's considered "deceptive advertising".
Shoot me an email directly should you want to discuss this further. I don't look back on this same Trula posting for answers after mine.
Emily S. Knell
Realtor Since 1996
Realty ONE Group
100% short sale success ratio
& I can Prove it
The Carrabba Group
Unethical, but happens all the time.