I have made an offer on a house for the list price, which was recently reduced. The property is bank owned

Shaun
Home Buyer
Memphis, TN

and the selling agent has informed me that she will not except my offer, even though its the list price, because the offer is too low. She further explained how the she and the bank will only except the highest and best offer; so she will not submit my offer to them. Is this legal or just highly unethical?

Answers (4)
Carrie Crowell -...
Agent
Southaven, MS

Shaun,
Your post is a couple of months old. I was wondering if and how you resolved your issue. Curious to know your outcome. Thanks

Carrie Crowell
Keller Williams Realty
carriecrowell@kw.com

Web Reference: http://carriecrowell.com
Mon Jul 6 2009, 05:52
Lesley Denney
Broker
Memphis, TN

Good Morning Shaun,

The agent has a duty to present all offers to the seller UNLESS the seller has told the agent, in writing, not to present any other offers. I do hope you have an agent working for you! I wish you all best!

Mon May 18 2009, 10:15
Jason Gaia
Agent
Memphis, TN

The first question I have is do you have an agent? If so, then I would recommend consulting with your agent.

Based on the limited information, it is not uncommon for homes under multiple offers. The seller's objective (bank) is to sell the home for the highest price possible. In multiple offer situations it is not uncommon for homes to sell for more than the list price. It is based on a the marketing laws of supply and demand. The listing agent has a legal responsibility to present all offers. However, the seller does not have to accept the offer.

If you are not using an agent, this is the reason why having your own agent representing you is highly recommended. I do a foreclosure bus tour in the Memphis market and come across questions like this on a regular basis.

I hope this helps. Let me know if I can be of further assistance.

Thanks,
Jason Gaia, ABR, GRI

Office: 901-751-4357
Fax: 901-261-2267
Jason@JasonGaiaTeam.com http://www.JasonGaiaTeam.com

Prudential Collins-Maury, Inc., REALTORS
968 Civic Center Drive #103
Collierville, TN 38017
Company: 901-259-8500

Thu May 7 2009, 07:20
Gerald Williams
Agent
38017
FIRST ANSWER

Shaun,

This is not uncommon in a bank owned situation. This occurs when there are multiple offers, the selling agent should have informed you of this, if this is the case. Frequently the seller, in this case a bank, will ask that everyone submit their "highest and best" offer and the bank/seller will decide which offers to reject and which offer to either counter or accept, also note that price is not always the deciding factor. The seller's agent cannot reject any offer as long as the offer is made with all the required documentation. It is the duty of the selling agent to present ALL offers.

Give me a call or drop me a note if I can be of further assistance

Gerald Williams
Affiliate Broker
Mortgage Loan Officer
BenchMark Realtors, LLC
BenchMark Mortgage, LLC
901-413-2233
gh_williams@yahoo.com

Thu May 7 2009, 06:42

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