We are wanting to buy this house that we were shown, before we were shown the house the realtor told us that

Jackie
Home Buyer
Pennsylvania

someone had previously made a bid on it and that we could still look at it as secondary buyers if the deal fell through with the other people. Well, we got a phone call today from the realtor that the house was back on the market and when I wanted to make a bid he said that I could however he is having an open house tomorrow and would take the highest bid over ours and we werent guaranteed the house. Is this legal in PA? Is he allowed to offer the house to us as secondary buyers and then tell us he has decided to have an open house and had made several dozen (from what he says) phone calls to people who have recently called about the property or is it ours since we were shown it as the secondary buyers?? Thank You

Answers (7)
Ian Cockburn, S...
Agent
70119

Sounds like Realtor mumbo-jumbo talk.

Get yourself a Buyers Agent, get the real SOLDS prices similar to the one you are looking at, remove all emotions and make an offer based on what it good for you.

Ignore the hype, focus on getting what you want for the price that is good for you.

Web Reference: http://iansellsnola.com
Sat Sep 13 2008, 20:49
Scott Godzyk
Agent
New Hampshire

the top question is he your buyer agent? if so he is in a dual agency situation where he would be trying to get the highest offer for the seller vut then trying to get the best deal for you? cant be done. and if so it looks like he is not looking out for your best interest. It may not be illegal but unethical. Normally an honest agent would submit the bids to the seller as they come in. unless he got one at noon and was getting one at 5, he may wait and submit both together. but waiting to have an open house where someone MIGHt make a bid, sounds wrong. When writing your offer you should always put that the seller should respond within 24 hours or your offer is null and void. dont give them forever to find competing offers. check with your states real estate commission as far as any rules being broken. good luck Jackie

Thu Sep 11 2008, 06:15
Dwell New Orlea...
Agent
New Orleans, LA

According to your blog statement, this sounds like a Dual Agency situation since you were talking directly to the listing agent? You may want to consider having the listing agent review dual agency procedures for your acceptance in the state of PA. Otherwise, you could select other representation (Realtor).

But, just like Jeff-Ginny mentioned in his blog there is a fiduciary responsability of trust and confidence that the listing agents owes to the seller, and the agent has to obey the instructions of the sellers as long as it is legal. However, this is where it is sticky, dual agency, the agent also owes you the same responsablitly. The term is called Dual Agency, and some states it is legal and others it is not.......

Thu Sep 11 2008, 06:01
Jeff - Ginny Mi...
Agent
Vero Beach, FL

That depends on whether you have a written and signed contract for right of first refusal or a signed back-up contract. If you have a written and signed Purchase and Sale Agreement, then you have a right to expect to purchase the home.

Otherwise, the listing agent is acting in the best interests of the sellers, which is his/her responsibility. Perhaps the sellers directly instructed the listing agent to continue to market the property. It is legal to do so.

Why not make an offer now with your highest and best offer. Perhaps you will be the winning offer. You should ask if there is anything about the house that the Realtor learned that she should then disclose to you if the inspection was the reason for the first contract to fall apart. On the other hand, it could just as easily have been the financing, which would not affect the sale. You may want to add a contingency that you may choose to back out of the property purchase if the appraisal does not equal or exceed the purchase price. Good luck to you.

Wed Sep 10 2008, 20:02
Lynn911.com Dal...
Agent
Dallas, TX

Standard rule in any state UNLESS you have an executed agreement signed by the buyer and seller, you dont a contract on any property. NOW if you have a signed agreement then yes that could cause some problems http://www.lynn911.com http://www.homes-for-sale-dallas.com

Web Reference: http://www.lynn911.com
Wed Sep 10 2008, 19:58
Dwell New Orlea...
Agent
New Orleans, LA

Don't know the PA laws, however, did you sign a backup offer in writing? If not, this constitutes a verbal agreement. The only problem it is hard to prove. It just ends up with a shoulder shrug, and a statement, "I didn't say that". Next time, get the backup offer in writing with signatures. I am not an attorney, so you need to seek counsel if you want to pursue this.

Wed Sep 10 2008, 19:55
Denise Dotson
Agent
Bel Air, MD
FIRST ANSWER

Hi Jackie,
I am not a license Real Estate Agent and I see no one has answered your question. I would suggest you contact the Board of Realtors in Pennsylvania and ask them this question. Your other option is to contact a Real Estate Attorney and see if he/she would be kind enough to answer this question. Hope this helps. Feel free to contact me at denise.dotson@ncmc.com. Take Care

Wed Sep 10 2008, 19:52

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