Home Buying in 33308>Question Details

Manny Angelos, Home Buyer in 33308

How can I find out if LA actually presented offer to seller?

Asked by Manny Angelos, 33308 Thu Apr 26, 2012

Found a house driving by, called the sign but price too high. After price drop; LA shows me says "Seller really wants to sell, make an offer".

I really liked it but it still seemed a bit over priced so I asked for some comps and got the run around for a day or 2 during which time, I called another realtor who knew the area & asked her opinion of value. She starts pressuring me to submit the offer with her and NOT use the LA because he's "not on my side...He works for the seller, blah, blah, blah". Then without my consent or knowledge, she calls the LA & tells him the she's representing me.

At that point, I didn't feel either one had my best interest in mind so I called an agent I trusted (but didn't know the area as well) to submit the offer. LA gets mad because I'm "working with multiple agents" & tells the agent that submitted my offer "the house has been sold already"... but the status is still: Active/Available. How can I find out if LA actually presented offer to seller?

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Answers

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Have the agent who represents you ask the listing agent to have the seller sign the page of the offer that says seller accepts or rejects the offer. Ask for that to be sent back to you with the sellers signature.
Always work with an agent you can trust. Though they may not know the area as well , a good agent can find out the facts, pull comps and write and negotiate a good offer in your best interest

Good Luck!.
2 votes Thank Flag Link Thu Apr 26, 2012
Hello Manny,

Normally, we ask the listing agent if the offer was presented, and require his/her answer to be in writing. As agents, we also know what to do, if the listing agent acta inappropriately or unethically.
Going to speak to the agent's broker (calling the broker) could also help you get to the bottom of what's going on.

I hope you submitted a written offer, because (depending on the listing agreement) the seller may instruct the agent not to present the verbal offers. If your offer was in writing, and the listing agent says the house sold already, this may or may not be the case.

For example, the contract is being negotiated and in final stages of signing (one or two initials are missing) - the status may still be active, but the contract is practically there. On the other hand,
the listing agent might think you are an unreliable buyer - since you keep on changing realtors (not a good thing to do - although, I do understand your points and where you are coming from). If thinking this way, the listing agent might advise the seller against your offer - explaining the reasons, subject to seller's final decision. However, all written offers must be presented to the seller.

The market is pretty fast right now, so it could be that the listing agent was busy those 2 days when you were looking for comps, or she knew that the seller was not flexible, and, because of that, was not enthusiastic about your offer (not that it's ok not to call you back).

By the way, in FL, once the listing agent brings a buyer, the LA becomes a transaction broker - and must be fair and ethical towards both the seller and the buyer. In most cases, this is what happens.
I've done both - being a buyer's agent and the transaction agent in the past, and treated all my clients as my clients - no exceptions.

However, I noticed that coming in with their own agents works really well for most buyers.
If this is the case with you too, just select the best honest agent to work with and work with him/her together on reaching your buying goals.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
1 vote Thank Flag Link Mon Apr 30, 2012
Manny,
There are no EASY transactions taking place in the purchase and sale of real estate. There are real and convoluted problems around every corner, in every shadow and under every rock. Nothing is as easy as the buyer or seller believes from their consumer perspective. So much of the difficulty is resolved as agents toil through the night in silence. This is the reality.

Then along comes Manny. Manny sees the house with the listing agent and does not indicate representation by another agent. Steals services from another agent to formulate an offers\. Takes the pilfered information and presents this data to a third agent who submits it to the ambushed listing agent.

By your action you have created such a mess that the ONLY appropriate action would be for the listing agent to advise the owner to kick ANY offer from you to the curb. The mess you have created is so problematic it should be considered TOXIC for any agent involved.

If the listing agent is wise, the homeowner should be advised that not under any circumstances and under any representation should an offer from you be considered. You have demonstrated yourself to not be trust worthy by your action. Let me repeat, things are sufficiently difficult without the need to invite intrigue into the equation. Clearly you are unaware of the dimensions of the transgressions that CAN take place as a result of your action.

Now, regarding your question, 'Was your offer presented to the seller?" You will need to consult with the real estate professional representing you regarding the offer presented. If they are still doing business with you, they may advise that the seller commented the offer submitted had a few problems and the seller waited for another, less problematic offer....and the offer accepted may even have been for less money. Nothing is easy and there is much we do not know about the conversations and agreements that created the Manny situation.
1 vote Thank Flag Link Fri Apr 27, 2012
Good Morning, you can simply ask your agent to have the listing agent respond on the front page of the offer with the a responce from the seller. If the listing agent refuses very often a simple conversation about how concerned you are, and are consdiring a board complaint will get you the responce. However, I am not sure your going to like the responce, I am positive the offer was looked at and for one reason or another, maybe even the fact that there could have been confusion as to who your agent really was, it may have been recommended that they go with another offer. I sincerely suggest you start working with an agent you trust to do the job and stick with them loyalty goes a look way in showing that you are the type of buyer that can make a deal happen easily and smoothly. When I receive multiple offers on a property hearing that an agent really knows their cleint, and has been working with them for a while, and the assurance of a solid relationship goes a long way if all else is equal.

Dont become focused on the house I think has gotten away, find the right agent, and find the right house and make it happen, this market is not waiting for anyone.
0 votes Thank Flag Link Fri May 17, 2013
We, Realtors, are bound by a code of ethics and protocol that we must follow among ourselves and mainly to to protect the best interest of the consumer but there is/are no laws against a consumer to go directly to a homeowner who is selling his property, even if that property is listed with a real estate agent.

I hate to say this but I think, at this point, you should by-pass all the agents you've interacted with this property, then, go knocking on the owner's door and ask him/her personally what happened to your offer.

But, there is also a great possibility that you need to consider which is that all those agents may have presented your offer to the seller that may seem a reasonable offer to you but not to the seller and, consequently, the seller doesn't really want to bother with you at all.
0 votes Thank Flag Link Thu May 16, 2013
That's why I never regret myself of saying that when a buyer wants to see a property that is available in the sale market, NEVER EVER EVER hire or go directly to the listing agent ! PLEASE go out there and visit any Real Estate office and interview with two or three agents and stay with the one of your preference , but PLEASE STAY WITH HIM/HER till closing the sale-purchase transaction ! it is very very easy and does not cost money but save a lot of time and keeps the buyer and the buyer's realtor away from problems ! Thanksss.

Angel Calzadilla
(954) 632-3593
angelrealtor104@hotmail.com
0 votes Thank Flag Link Sun Apr 29, 2012
That's a tricky one. If you have doubts, you can contact he agent's broker. Brokers are legally responsible for the activities of their agent. I suggest contacting the main office of the agent, and asking the receptionist to speak with the broker.

As for working with multiple agents, yet, that is something that agents tend to dislike. I do concur withy the buyer's agent that it is ALWAYS better for the buyer to use their own agent instead of working with the listing agent. It costs you nothing and you have a professional on YOUR side.
0 votes Thank Flag Link Sun Apr 29, 2012
One can on the internet and find house, loan., very true. One can also go find mushrooms in the forest as well. Just because it's possible, it doesn't mean its a good idea.

I advise neither.

BEST ANSWER
Annette Lawrence - Palm Harbor, FL, Agent, Palm Harbor, FL
Next time I am in Palm Harbor I am going to buy you a cup of coffee. YOU NAIL IT!!!!

And a note about a procuring cause, showing a home is not unto itself procuring cause. Procuring cause is a unbroken link of many events that goes to the closing table.
0 votes Thank Flag Link Sun Apr 29, 2012
Hello Manny,

if you want to know if your offer has been presented and what is the outcome then you need your own buyer representative because that is one of his/her duties towards you as the buyer. The listing agents obligations is to do everything to sell the property and to present all offer to the seller but the listing agent is not obligated to inform you about the decision of the seller. This obligation only exists when the seller agrees to your offer and the listing agent starts to act as a transaction broker to both – seller and buyer – with limited duties to both parties.
When you still seriously interested in buying this or any other property then you should get your own buyer representative and stay with him/her.

Andrea Hoff-Domin
Broker
Florida Dream Homes Realty
Fort Lauderdale
954-232-0434
0 votes Thank Flag Link Sun Apr 29, 2012
It's interesting to read the differing opinions, maybe we can ALL learn a little something.

Many of you suggested exactly what I did:
"YOU need to find a Realtor you connect with and let them help you."
"It's important to have an agent you trust who has your best interests in mind."
"Just, please, find an agent you can trust and be loyal. "

Maybe it's systemic or a built in flaw to "Transactional Brokerage", in general. Either way, it makes one wonder what is the true value of a transaction facilitator in a world where buyers are finding their own homes and loans on the Internet?

IMHO, asking someone for there opinion of value does not entitle them to call the LA & claim representation of me let alone be entitled to 3% of a $500,000 transaction.
0 votes Thank Flag Link Fri Apr 27, 2012
1. Send the LA an email asking for verification that your offer was presented.

2. Verification is easy with a copy of the presenting email, the seller's rejection signature on the offer, proof of a prior acceptable offer, or evidence of what happened to your offer and why.
0 votes Thank Flag Link Fri Apr 27, 2012
>>>its a very serious violation to misrepresent the availability of a property..............very serious.

OK, but what can a 1st time home buyer like me do? I don't even know if my contract was presented to seller; I called LA but no reply.

BTW, still "Active-Available"
0 votes Thank Flag Link Fri Apr 27, 2012
Do you mean it still says "Active" on this website or an agent you're working with has checked the MLS for an update of the status? Sometimes the websites with information available to consumers aren't as up-to-date as they should be.

Kate Stout

Castelli Fort Lauderdale Real Estate Services
3908 N. Ocean Blvd.
Fort Lauderdale, FL 33308

Cell: 954.895.6939
Email: kmstout@gmail.com
Flag Fri Apr 27, 2012
its a very serious violation to misrepresent the availability of a property..............very serious.
0 votes Thank Flag Link Thu Apr 26, 2012
Hi Manny,

I'm sorry to hear that you are having so much trouble purchasing a home. On most contracts, there is a box for the seller to check that they have rejected the offer and then they sign it. I would request that from the Listing Agent.

It's important to have an agent you trust who has your best interests in mind. If you would like help in the process from someone who is very knowledgeable in the 33308 zip code, would be more than happy to help you to find and purchase your new home and walk you through from offer to closing.

Kate Stout

Castelli Fort Lauderdale Real Estate Services
3908 N. Ocean Blvd.
Fort Lauderdale, FL 33308

Cell: 954.895.6939
Email: kmstout@gmail.com
0 votes Thank Flag Link Thu Apr 26, 2012
That said...How can I find out if LA actually presented offer to seller?
0 votes Thank Flag Link Thu Apr 26, 2012
>>>So, once you found out the property value from another agent, why didn't you submit your offer through the LA who already spent time showing you the property and chose yet someone else?

>>>Just, please, find an agent you can trust and be loyal.

At that point, I didn't feel either one had my best interest in mind so I called an agent I trusted...
0 votes Thank Flag Link Thu Apr 26, 2012
Hi Manny,
If I understood you correctly, the LA showed you the property. In Florida the agent who shows you the property and sparks your interest in it is called "a procuring cause" and gets credited with the commission on the Buyer's side if this showing leads to a sale.
So, once you found out the property value from another agent, why didn't you submit your offer through the LA who already spent time showing you the property and chose yet someone else?! I have to tell you one thing the 3rd agent had no right submitting your offer if he/she knew that she was not the one who "introduced" you to the property. That agent created even more problem for you.
Sorry about your situation. Hopefully you will find another great property and will have a better feeling and experience with it. Just, please, find an agent you can trust and be loyal.
All the best.
0 votes Thank Flag Link Thu Apr 26, 2012
Unfortunately, the agent who "represents" me "fired" me because the LA told her that I'm "working with multiple agents". She also repeated, he told me "the house has been sold already, so what do you want me to do?" I don't know!!! I'm just a 1st time buyer who wanted someone to have his best interest in mind!

But here we are 24 hours later and MLS still shows the status is: Active/Available
0 votes Thank Flag Link Thu Apr 26, 2012
Well the bad news is if you signed an agreement with an agent then they owe you fiducery and honesty at the least and have to present the offer and if they are a responsible agent then its more than likely that person has a read reciept by email if you did not sign a brokerage agreement then they owe you nothing. The agent will not change the activity uintil both parties have signed which might be 2 or 3 days. If you have signed an agreement with the LA then you are. In a contract with that person for at least 6 months. If you want to leave that agent then go see the Broker manager. Regards David McChesney
Web Reference: http://www.ChesneyHomes.com
0 votes Thank Flag Link Thu Apr 26, 2012
The listing agent will get over it when the house sells. The other agent did wrong and you are right to drop her, she should never have made that call. When you wrote an offer with her would have been the time to do it not before. The agent you trust can write the offer, it does not really matter what they think about the price because the seller will accept the offer or they won't and they will not care one iota what you think the price should be or what your agent thinks it should be. If you don't get a reply or response or counter in 1-2 days then you can have your agent call the sellers agent or the sellers agents broker who runs the office for an answer. Go for it
0 votes Thank Flag Link Thu Apr 26, 2012
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