Please keep in mind situations like this happen frequently in our area. The Amesbury market is very competitive right now as you are experiencing. Combine this with the unusual situation you have described and the fact that your buyers agent doesn't seem to be providing you with the information you need it's easy to feel as though you have been left out of the loop.
If the seller didn't accept your offer your check may not have been deposited.
When you received the counter offer from the seller it most likely came with a deadline for response to accept. In the future a good thing to keep in mind is that until you have a written contract with all terms agreed upon the seller does not have any obligation to you.
Counter offers can be withdrawn at anytime and sellers are not required to notify any other parties if they are moving to accept another offer.
The amount of available homes is lower than usual right now in town but right around the middle of January you will start to see a drastic increase in inventory as the spring market sellers start to list their homes.
I wish you the best of luck the next time around. If you have any questions feel free to call me.
Never work with a "buyers" agent that takes/has listings OR works for a firm that takes/has listings. Get yourself an exclusive buyer's agent so that your interests are protected at all times.
The below is in response to and based on the limited information given on this forum:
In regards to the check, if an offer contract was not fully executed by both parties it should be returned to you immediately. The check should not have been deposited either, again, unless there was execution of an offer contract by all parties. I suggest you get a real estate attorney involved should you run into any more issues as it relates to the deposit.
We are not real estate attornies - and if you want to know if you have legal recourse you should retain one - however we deal with multi bid scenarios all the time and unfortunately there aren't any laws in Massachusetts that protect buyer's (or sellers) in them. Therefore it is well within the sellers right to accept the deal of their choice. That said, it appears based on the (one sided) info you provided the ethical nature of how this deal was handled by the agents involved could be in question and therefore it may behoove you to make a complaint to the MLS. As an agency working exclusively with buyers that sees/hears these kinds of terrible stories all too often we would encourage you to make that complaint to the MLS. Our mission is to make sure buyers are educated and protected equally to sellers under the system.
Hope that helps!
Massachusetts Premier Buyer Brokerage
617 848 5407 x701
There is too much info not in your question to provide an opinion/answer that would be correct or useful.
(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
As for all the appropriateness of everything else, that gets a bit trickier. The seller's agent must act in the best interests of the seller. The buyer's agent must act in the best interests of the buyer. Whether these agents did so may be up to the interpretation of the Real Estate Board.
Given the relationship between your agent and the listing agent, a lot of questions come to mind. Does the company practice seller/buyer agency or do they practice designated agency? If your agent is also the broker of the agency, you may have a dual agency situation. Were you made aware of this? Did you sign the consent and notification forms?
It's hard to tell without knowing all the particulars. As with most things legal, I recommend that you consult an attorney or perhaps the Massachusetts Association of Realtors to get judgement on this case. All we can do here is speculate.
The listing agent took your information and provided to a 3rd party her husband, sounds as though she unless she had the sellers authority is in violation of her fuduciary obligations to get the highest price for the seller.
I would contact my attorney, let the owner of the office know that you are going to seek every legal option available to you including 93A
But be sure it was her husband.
Any DISCLOSURES are between the Principles; in this case, the Seller, the Buyer and the Realtors.
You are not part of that circle; you didn't have a Contract with any of them.