Home Buying in 85718>Question Details

Investtucson, Both Buyer and Seller in Tucson, AZ

Offer Submittal confirmation

Asked by Investtucson, Tucson, AZ Sun Jan 15, 2012

Is there anyway to make sure that my realtor actually submitted my offer on a property ? Also, please let me know if you think the followig scenario is a little fishy, or am I making a big deal out of nothing : I sent my agent a property that I was really interested in, first he tried to convince me that its not a good deal and its overpriced, and most importantly it was the first time he's come aware of this property. After I insisted that I want to see it and put an offer on it, only then he told me that he has actually seen it and submitted an offer for someone else just the week before and he cant submit an offer for me due to conflict of interest, even though the other offer was rejected. The conflict of interest part makes sense to me, but why pretend that he didnt know about this property until I insisted on putting on offer on it ?
Please dont forget about my original submittal question in the begining. Thanks.

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Answers

18
It isn't really a conflict of interest he just needs to make you aware that he is representing another buyer for that property. It almost sound like that other offer was from him.
I would ask him to cc you on any emails to the bank or selling agent. If he claims he faxed the offer in have him provide the fax confirmation sheet.
There are many ways to verify an agent has submitted your offer. I would recommend a new agent. I know a few in the area feel free to message me.
2 votes Thank Flag Link Sun Jan 15, 2012
Hello All:

I'm sorry, and don't want to come off as the Trulia "monitor", but it is a waste of my time and everyone else's getting these email alerts 5 days after the consumer has gotten their answer and even told us they have resolved the issue. Can the 14th, 15th, etc., response really add anything of value, other than getting your name to show you gave one more response? The purpose is to aid the consumer, not rack up "responses"

If I read through the answers and it appears it is all done, I defer and wait for another opportunity to try to add value. Please do the same, or people are going to stop asking questions, knowing they are going to have to read 20 answers, with the last 5 or more being redundant.

There, I have vented and feel much better... :)
1 vote Thank Flag Link Fri Jan 20, 2012
Hi,

If you are not getting good service and have a feeling that your agent is not representing your best interested I would highly suggest interviewing other Realtors. Having confidence in your representation is the single most important thing you can control.
0 votes Thank Flag Link Wed Jul 17, 2013
Hi Bill, If you see my answer right below yours, you can see I agree. I tried to nicely say, just find out if the house is still available. no more "he said...she said".

Have you noticed that a lot of these buyers with questions avoid answering our questions...like "have you been prequalified".
0 votes Thank Flag Link Fri Jan 20, 2012
I suggest that you contact the listing agent and see what the status of the property is before you waste a lot more time. It may have multiple offers on it at this time. They may have accepted an offer already in which case you could only only submit a backup offer. There are a lot of other houses out there for sale.
0 votes Thank Flag Link Fri Jan 20, 2012
You are in a sticky situation. Honesty is everything and he should have been upfront with you in the beginning. He could have had another agent in his office represent you with that particular property. Short of calling the listing agent and asking them if an offer has been submitted, I'm not sure how you would be able to verify if it had been submitted or not.

Susan Lehmkuhl
Associate Broker
The KUHL Team
Buy and Sell Smart Realty
623-256-7270
Susan@PhoenixRealEstateSource.com
0 votes Thank Flag Link Mon Jan 16, 2012
I appreciate all of your answers and input. I will call the seller tomorrow to check if my offer has been submitted. If it has, it will be the last transaction I do with my agent. If it has not, I will look for a new agent and get my offer submitted.
0 votes Thank Flag Link Sun Jan 15, 2012
You have received good advise here. Number 1: if you don't fully trust your agent, get another one, 2: If you don't feel he/she is being honest with you ask the Broker to check and get back to you. That will get to the bottom of your concerns.
0 votes Thank Flag Link Sun Jan 15, 2012
You have received good advise here. Number 1: if you don't fully trust your agent, get another one, 2: If you don't feel he/she is being honest with you ask the Broker to check and get back to you. That will get to the bottom of your concerns.
0 votes Thank Flag Link Sun Jan 15, 2012
Its evident your agent must have vested interest in this transaction and we as lenders see this all the time. Is the agent representing the current seller (If so, we've noticed agents are lagging on submitting offers to keep their friends or family etc. From losing the property to a qualified buyer) This has become a far common practice. I would 100% find a new agent to represent you; if these are the sort of concerns in which are arising. Good Luck!
0 votes Thank Flag Link Sun Jan 15, 2012
The most important question, one that you don't seem to have asked yourself, is why are you working with someone you don't trust?

Do you assume that all real estate agents behave like this? Believe me, this agent is the exception, not the rule.
0 votes Thank Flag Link Sun Jan 15, 2012
A conflict of interest here can be interpreted in this scenario as buyer's agent's potential corruption of trust and loyalty because of involvement in multiple interest in the subject property by the individuals she/he is representing.

It does not have to be a dual agency wherein conflict of interest is most commonly perceived as highly probable.

I would recommend that you request to your current agent to give you all proof or documentation of offer submission or transmittal and any other proof of exchanges between your agent and the listing agent for each and every instructions you ask him/her to convey specific to the subject property.

If she can't or unwilling to follow your lawful instruction, you have to contact the broker immediately before your offer is jeopardized. You can also voice out your concern to the broker because the broker is responsible for the agents actions.

Best.

Maria
0 votes Thank Flag Link Sun Jan 15, 2012
Investtucson
I have seen you post several questions on here. In short, if you do not trust your agent and if you even have to ask "if they really submitted your offer", you need to get another agent. It is time for you to work with another agent if you do not even have that kind of trust in them to question the most basic of conditions, if they submitted your offer or not. On top of that, they lied to you? Time to move on.

There are several on Trulia, or you can go to Zillow.com where clients write reviews of agents, giving you a good idea of what kind of agent they are.
Best of luck.
Spirit
0 votes Thank Flag Link Sun Jan 15, 2012
I agree with Andrea that it sounds as if your agent has an offer on the property. That would explain the conflict of interest (but not if the offer was truly rejected). The inconsistency of him first saying that he was not aware of the property, then telling you that he not only was aware of it, but actually submitted an offer sends up a huge red flag. You will probably never know the complete story, but something is definitely not right in this scenario. And as Anna said, contact your agent's broker directly to verify that your offer was presented. That way you get confirmation of your offer and you let the broker know that there could potentially be some unethical practices going on with your agent. Do you know if the property is still "active" or if it's under contract? Is this a short sale or bank owned property?
0 votes Thank Flag Link Sun Jan 15, 2012
You have every right to know if your offer was submitted. Your options are – 1. Demand to see verification from your agent that the offer was submitted either from him or his Broker. 2. Contact the Listing Agent. There is NO conflict of interest, but he must disclose to you that he is representing another buyer for the property, and ethically should tell you if he (Agent) is the Buyer. I do not know what type of agency relationship you have with said agent, however if you are concerned you defiantly need to talk to his Broker. If things cannot be resolved I am very familiar with the 85718 zip code.
0 votes Thank Flag Link Sun Jan 15, 2012
Consider asking your agent for proof that the offer was submitted; if he/she is uncooperative contact his/her broker owner, and or office manager, and express your concerns; if you have a signed agreement ask to be assigned another agent from within. As for the conflict of interest, generally there is none, if the parties are aware that the agent is also representing other buyers for the same property.
0 votes Thank Flag Link Sun Jan 15, 2012
To your first question, probably no,t although by law in the State all offers are supposed to be submitted. Bank Owned properties get around this though by refusing to look at more than one offer at a time. Agent is still required to notify the listing agent of the other offer and send it in. It can be a back up offer in the event the original offer to the bank is rejected.

As to the second scenario, I don't see a conflict of interest here. If the first offer was rejected there is no reason this agent could not submit your offer to the seller or the seller's representative.

As for the denial of knowledge of the property I don't have an answer. However, from what I am hearing, you need to find your own representation to submit your offers for you rather than trying to work with this agent. This way you will be assured that someone is working in your best interest rather than their own.
0 votes Thank Flag Link Sun Jan 15, 2012
Hi InvestTucson:

I would call the Listing Agent in the deal and ask when you might expect to receive a response to your offer.

But, my first responses to your situation are "Yes, it is fishy" and "RUN". If you can't trust your realtor to follow through in making an offer on a property you want, how are you going to trust him or her to negotiate in your best interests?!? Are you going to want to be in the position of questioning every move they make (or don't make)? There are a good number of bad realtors out there, but, fortunately, there are many more good ones. Ask around with friends and other realtors: who have they known who has been in the business awhile and gotten good results for their clients?

Good luck.
0 votes Thank Flag Link Sun Jan 15, 2012
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