Home Buying in East Rockaway>Question Details

Mary, Home Buyer in East Rockaway, NY

THE REAL ESTATE AGENT TOLD ME THE HOUSE WAS GOING IN TO CONTRACT BY TELEPHONE AND EMAIL.

Asked by Mary, East Rockaway, NY Mon May 9, 2011

THE REAL ESTATE AGENT WOULD NOT TAKE OUR OFFER TO THE SELLER, SHE SIMPLY SAID NO THEY WONT TAKE THAT. NEXT TIME I CALLED SHE SAID WE ARE GOING INTO CONTRACT THIS WEEKEND IF SOMETHING HAPPENS I CALL YOU. 3 WEEKS LATER ANOTHER AGENT CALLED IN OUR BEHALF AND THE REALTOR SAID OH WE ARE GOING TO CONTRACT THIS WEEKEND. I FOUND OUT THE HOUSE IS STILL FOR SALE.

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6
Jacques Ambron, CRB CBR SFR’s answer
First of all make sure you have put the offer in writing so that it is official. Secondly, if the property is on Multiple listing, and you are not getting anywhere with the listing broker, you broker can contact the zone chairperson to intervene on your behalf.
0 votes Thank Flag Link Mon May 9, 2011
Often if your offer is considerably lower than the asking price the sellers agent will know that the seller will not accept your offer especially if they have activity at a higher number. If for instance, I'm selling a property for 350K and I have offers of 270K to 300k which the seller has turned down. Now you come along and offer 200K. Do I know weather the seller will entertain your offer and dismiss the higher ones, of course I do. So, I guess it all depends on the circumstances. That said, if it were me and I was determined, which I usually am, I would fax the offer to the agents broker regardless what the agent said to me. Most brokers "MOST" know their responsibilities, and value their licenses.
0 votes Thank Flag Link Fri Sep 6, 2013
Agents do have a duty to present all offers received to the owners, unless of course the seller(s) instructed the agent otherwise in writing--it's the owner(s) who ultimately decides which offer to accept not the agent; therefore consider asking your agent to have his/her broker owner, and or office manager, contact the other agent's broker owner, and or office manager, and express all concerns. Your agent can also request to present the offer to the seller(s) in person, provided that the listing agent is also present at the presentation.
0 votes Thank Flag Link Mon May 9, 2011
Hi Mary, every licensed salesperson has the legal obligation to present all offers to the owner up until closing unless otherwise instructed by the seller. If you run into a similar problem in the future I would suggest you to contact the sales agent's manager/broker or have a differant sales agent present your offer.

Good Luck,

Ed McNulty
0 votes Thank Flag Link Mon May 9, 2011
Hi Mary,

I don't know the particulars of this property and there may be a deal in the works and it has not happened yet. I would ask your Buyers Agents to get something signed from the listing agent / Broker stating that your offer has been considered OR that the owners are not looking at other offers at this time.

I would think this would satisfy any issues you may have about not getting your offer in on the property.

Good Luck,
Zisis
0 votes Thank Flag Link Mon May 9, 2011
Have your new agent write your offer and either present it to the sellers agent or the sellers agent's broker. Your new agent should know how to get the offer in front of the seller. Sometimes a seller will tell their agent not to accept or show them an offer under $xxx amount and the agent can then do what it sounded like she did already to that offer. Until it gets accepted then it is not under contract and able to accept offers and back up offers.

If they reject your offer have the sellers agent get it in writing.
0 votes Thank Flag Link Mon May 9, 2011
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