Hi Gary, any offer, including counter offers to original offers, must be presented to the seller. The seller's agent is in the wrong here by refusing to present the counter. The seller can decline, but it is not for the agent to decide if the seller sees the counter. And so yes, you should press harder. If your agent is not successful then ask for the support of your agent's manager/broker.

Having your agent present your offer in person is the surest way to be heard. However, at times, even when you have that initial time at the table face to face, the process of negotiating counter offers is often done verbally. Agree wholeheartedly with the suggestion that you insist that your counter be put in writing, submitted to the seller's agent, and I would also insist on a signed acknowledgement from the seller that they have in fact seen your offer. That acknowledgement should summarize the terms, the offer price, closing date.

I've got a simple format that works well and I'd be happy to share it. Don't hesitate to reach out to me.

And John is right, if you or your agent continue to be stone-walled by the seller's agent, then go directly to the seller with a clear conscience that you have done your best to honor agency.

Your counter may be rejected, but it must have the opportunity to be considered. Push!

Best,
Jeannie Feenick
Search and connect at http://www.feenick.com

Give me a call at (718) 698-2179 at Prosperity Real Estate Group, I can help you answer any questions you may have, this is not commitment to come with us. YOu can come and inquire about this even if you are already working with someone. Buying a properity is a constitutional right, and we are here to make sure you are not provided with erroneous information, as well as being protected. We welcome this questions because it allows us to do research for you and ourselves which we can share with others.

My Name is Caesar Galindo Office manager, and Law Student at CUNY Law School.

As each of us seems to be writing: ask that you and your agent present the offer in person, with the seller sitting there. Ask that the counter-offer be put in writing. I had a client who didn't believe the selling agent that the seller would not take any less than her listing price. The listing agent complied.

I am negotiating an offer now and it's been a month. My buyer likes the property but the seller thinks his property is worth more than comps present. The seller is ready to scream. So if we wind up at an impasse, my buyer has to decide to walk away or come up $2000 min.

You may love the house but you may have to walk away. Coldwell Banker does not do the exclusive buyers contract so I don't have any experience with it.

John,

Excellent approach.


>>> "If your offer is not presented within 24 hours of giving it to your agent, go knock on the door and present it to the seller yourself..."


Now we're talking .. either lead or follow.!


-

If your offer is not presented within 24 hours of giving it to your agent, go knock on the door and present it to the seller yourself. Any offer must be presented by law, if they do not. Tell your agent that you want to go and present it.

The counteroffer must be submitted by law, but the seller is under no obligation to accept it, even if they are being unreasonable. The agent knows that she won't get paid until a deal comes together; ask her for comps on this house using only sold houses in the last 3-6 months, as that is the data that will be used by a mortgage appraiser, not a township tax assessor (although recent assessment firms doing updates for various communities around NJ are paying very close attention to market values).

Gary,


Welcome to real estate 101 ....

It's more common than consumers will ever know .. and it's more common than agents like to admit to.

But Marc is dead on the money (so to speak) ... unless we're talking about some crazy specialized property in Tibet or the Vatican, then the tax assessment on the property has nothing with its market value - as in zero, less than zero, zip - nada ....

You won't be the first - and you won't be the last ... time for a new agent.


-

Hi, Tax assessment is the value set on taxable property NOT Market value. The Sellers actually could ask for an abatement if it is not assessed properly. All written offers and counter offfers should be presented and you can request written confirmation from the Seller and their agent by your Buyer's agent .You may ask your agent also to do a CMA to determine the market value of any property befotre you place an offer.. ALL agents know that tax assessment and Market value are two different things. Sounds like they both do not know what they are doing ? You can run this by both managers of the agents real estate companies to get better results and ensure everything is above board.
Maryann Schelin ABR, SRES Realtor

Hi Gary. Definitely well said by Marc and I also agree with Janice. I advise you to fire your agent and I would put a call into her manager. If it happens to be that the listing agent doesn't realize the irrelevance of the tax assessment then your agent (assuming she knows which apparently does not know) should advise the listing agent of its irrelevance. Again, your offer whether high/low/etc. must be presented to the sellers. You mention you signed a contract to work with this agent? Did you sign a buyer's agreement or are you simply referring to the purchase contract? Again, your agent should be defending your best interests and obviously she is not so I would suggest you find another agent to work with. Feel free to contact me directly should you wish to discuss it further.

Gina Chirico
PNJP
973-228-1000 ext 132
GinaChirico@PruNewJersey.com

Hi Gary,

You have the right to request that when your written offer is presented to the seller, a confirmation receipt is signed, dated and return to you by the seller's agent confirming that the seller received your bid. We have an in-house form at my office for that purpose. If your agent doesn't have one, it doesn't have to be elaborate, but they can make a simple written request on a fax cover sheet outlining your bid, asking to acknowledge receipt of the information, draw three lines beneath marked owner's name, signature and date received to be faxed back to your agent.

Regards, C.

I totally agree with Marc's answer! Your agent is representing your wishes and HAS an obligation to submit all and any offers you make. Either approach their manager or fire them! You need to feel totally at ease with everything they tell you and if you are not you need to ask them EXACTLY what they mean. If they are a rookie...all they have to do is ask their manager to help them understand that situation so they can relay to you and understand exactly what they are talking about. I would rather an agent ask for help than relay bad information. Good luck.

Hi Gary,

This sounds rather ridiculous. The tax assessment on the property has nothing, and I do mean nothing, to do with its market value. Your buyers agent should be defending your interests no matter what, and you should have total confidence in her motivations and loyalty. If she does not, it's time to fire her and hire another agent who will properly represent your interests. Really, even a rookie agent should be aware that tax assessment is an irrelevancy. Also, the seller's agent has NO CHOICE but to submit your written offer. If you were my client and the sellers agent was giving me any kind of unreasonable resistance, I would go directly to the manager of the listing agent's office and insist on presenting the offer to the seller in person. If you have any other questions, contact me via my website. Good luck!