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Jose Guzman, Real Estate Pro in Aventura, FL

Listing Agent says he will not present the offer. Is he in violation of the Code of Ethics?

Asked by Jose Guzman, Aventura, FL Fri Sep 28, 2012

I sent an offer to a listing agent in Fort Lauderdale and 2 minutes later he calls me to tell me it is too low. I asked a written response but he says he will not present the offer. Is he in violation of the Code of Ethics?

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Have you discussed this with your broker??? It is my understanding that all offers are to be presented.
1 vote Thank Flag Link Fri Sep 28, 2012
Not necessarily. Depends on what the seller said. If the seller directed him to not accept anything lower than X dollars then he doesn't have to present them.
2 votes Thank Flag Link Fri Sep 28, 2012
If the seller has directed his agent not to accept an offer below xxx, than he is not in violation. The best advice here in my opinion is that of Mr. Filippi. I would suggest moving on and finding another property that meets your clients criteria and will be less of a hassle for you to deal with.


Luis Iglesias
D & I International Realty
Principal Broker
(786) 395-0341
luis@luisiglesias.net
http://www.luisiglesias.net
0 votes Thank Flag Link Wed Oct 3, 2012
Focus your energy on finding them another property instead of worrying about something that will not yield a favorable outcome for you or your client.
0 votes Thank Flag Link Sun Sep 30, 2012
Jose,
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.
0 votes Thank Flag Link Fri Sep 28, 2012
Jose,

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!
0 votes Thank Flag Link Fri Sep 28, 2012
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Florida Mortgage Broker responds:

I would circumvent the realtor, go up and knock on the door, meet the seller and hand them your offer.

OR

Mail your offer to that address

But make sure you send a pre-approval letter and an escrow letter too
==
0 votes Thank Flag Link Fri Sep 28, 2012
To my understanding, you are obligated to present all offers regardless of your personal feelings about the offer or whether you think the owner will accept it or not. At the end of the day, you are only the agent representing the owner and are not involved in the decision making process. Time and time again I have heard agents give their personal thoughts on things such as area, safety, condition of the property, etc. Your personal opinions are to be kept to yourself and never shared with the client. For example: If you tell a client that this is a safe place to live and something bad happens to them, they can file a complaint against you stating that you informed them the area was safe.

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!!
0 votes Thank Flag Link Fri Sep 28, 2012
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