D & I International Realty
It depends on what the listing agreement between the listing agent and his client, the seller, stipulates. Barring a specific instruction, in writing, for the listing agent to withhold offers of a specific ilk (e.g. less than X dollars), then all offers must be presented in a timely manner. Of course, any such instructions must not be illegal in nature (e.g. in violation of Fair Housing laws) or the seller and the listing agent would be behaving in an illegal manner. At the end of the day, it would be prudent business practice for a listing agent to avoid these kind of situations, as they could put him/her on shaky ground.. or at very least put them in a position where their ethics are questioned, such as in your case.
My understanding is that all offers must be presented, regardless of if the list agent "decides for themselves" that they are too low. I believe, but am not 100% certain, that even if the owner advises the list again upfront of a "bottom line" price at which they will not consider anything lower, they still must at least present the offer. I present all offers I receive, regardless of how low they are, and let the owner ultimately make the decision.
Assuming you are an agent - circumventing the list agent as advised below and trying to negotiate directly with the owners would possibly also put you in violation.
If the agent you are trying to submit the offer to has a managing broker, I would contact him/her and explain. If they are the managing broker, I would contact your local board to get some clarification surrounding the situation.
Hope this helps!
Florida Mortgage Broker responds:
I would circumvent the realtor, go up and knock on the door, meet the seller and hand them your offer.
Mail your offer to that address
But make sure you send a pre-approval letter and an escrow letter too
We have a Code of Ethics for a reason and it is really sad that agents continue to go against the code everyday. This past week I submitted an offer to an agent for a rental. He wrote me back immediately and said he would not accept the offer because he didn't like the contract to lease form my brokerage uses. I told him this is what was required of my broker and he said I either do it on his terms or he would not present it to the owner. Against my better judgement, I redid the offer and sent it over to him. Once he received it, he stated that he was going to redo the contract again because I used an older version of the form that he liked. When he sent me the new one I compared the two side by side and there was not one thing different on either form.
My point in all of this is to state that agents need to do one job and that is to represent their client. This crap about not accepting an offer because of price or paperwork is for the birds and should not be tolerated!!