Home Buying in Blaine>Question Details

Courtney, Home Buyer in Blaine, MN

What can we do if the selling agent "forgot" to put in our bid?

Asked by Courtney, Blaine, MN Wed Mar 31, 2010

So my husband and I really liked this house that was HUD owned and bids needed to be in by Monday. We sent our bid to the listing agent on Sunday and she confirmed with our Realtor that she had all the information she needed and would put our bid in. So Tuesday when the bid became public it showed that the house sold for 150 with the bank paying 9000 in closing costs. Our bid was 150 and we pay all closing costs so we won the bid. We contacted the selling agent and she apologized saying she "forgot" to put our bid in because she has been so busy. We loved this house and I'm not satisfied that because some lady can't do her job we lost the house we wanted. What can we do??

Help the community by answering this question:

Answers

17
You can speak to her broker and/or file an Ethics Complaint against the agent with the Minnesota Association of Realtors. The complaint form and information is available at: http://www.mnrealtor.com
1 vote Thank Flag Link Wed Mar 31, 2010
THREE YEARS OLD!!!!!
too late to help.
0 votes Thank Flag Link Fri Mar 8, 2013
Fire the realtor, call her broker, but I do not think you are going to get the house
0 votes Thank Flag Link Fri Mar 8, 2013
I see this is a very old post. What was the final outcome in this situation? Very sorry to hear this happened. I have had transactions with the referred listing agent didnt encounter anything like it. Your agent should have followed up a little more closely. i hope you found something comparable.
0 votes Thank Flag Link Tue Nov 29, 2011
In my opinion, you have very little recourse that would get you the outcome you want: the house. If another party has a signed valid purchase agreement, that cannot be voided because your offer was better. I know that is unfortunate and disappointing. On the other hand, keep an eye on the house in case their are inspection or financing issues. It could come back on the market.

You do have other things you can do, or that your agent can do on your behalf:

File a grievance with the board of Realtors. It sounds like the lister failed to protect her client's best interests and to submit all offers to the seller in a timely manner. These are potential violations of the Realtors Code of Ethics.

Led HUD know. They should know so that they can decide if they are getting the representation they want.

Has your agent's broker checked in to getting HUD approved?
0 votes Thank Flag Link Thu Apr 1, 2010
Maureen Fran…, Real Estate Pro in Birmingham, MI
MVP'08
Contact
Courtney, thanks for the clarifying details. You answered your own question really when you said: "do we have any legal recourse?" Since there are few if any attorneys on this forum, you can't get the answer you need from us. Only attorneys can give legal advise.

I know you want answers and some kind of recourse but if you are weighing your legal options you really need to speak with an attorney.
0 votes Thank Flag Link Thu Apr 1, 2010
On the HUD website it shows "BCM MANAGEMENT LLC" as the broker.

Here's the link the home we lost with bid results:

http://www.tenmanagement.com/listings/property-result-detail…
0 votes Thank Flag Link Thu Apr 1, 2010
Do you know which company represented the winning bid?
0 votes Thank Flag Link Wed Mar 31, 2010
Hey guys,

We are the ones who originally posted the question. I'd like to clear up what happened. We went to see the home in Blaine and decided to place a bid. I guess our realtor wasn't licenced to place a bid for HUD homes, so he asked, what he told us was the listing agent, to place our bid. She had all the necessary information and our agent said he even received confirmation through a voicemail (which he deleted) that she had everything she needed. I went on the HUD website the day the bid should have been awarded and noticed it sold for $150k. My agent called afterwards and said we would have won the bid, but the listing agent, Linda at Wallin Properties, "accidently" didn't place the bid. I even spoke with her today and she admitted that it was 100% her fault we don't have the home. We even have the emails that went back and forth between my realtor and the agent with our final bid information. Again, even the listing agent said our bid would have been the one accepted if it were placed. Since this was 100% her error, do we have any legal recourse to take here? This was a 3 bed 2 bath home, 1600 sq ft, .37 acres, built in 1990 and we would have got it for $150k!!! There are absolutely no other comparable homes in that range in good neighboorhoods in the the twin cities metro. Everything close is $200k or more. Not to mention there is little chance we can jump on the $8k tax credit now. Please Help!
0 votes Thank Flag Link Wed Mar 31, 2010
Hi Courtney,

I'm sorry that you didn't get the house you wanted and it looks like the agent messed up big time. I'm not sure that making a mistake constitues an ethics violation however.

Something that I didn't see in your question or this forum is what kind of financing was in your offer. If you were going to offer $150k but with an FHA loan and the winning bid was $150k cash, it may not matter if the seller had to pay closing costs or not. They'll often go with a cash offer over any financing just to get the deal done quicker and with more certainty. They may not even have accepted an FHA loan, if in fact that's what it was. There's no question that the agent messed up by not submitting the offer but there may be much more to the story than what's on the surface.
0 votes Thank Flag Link Wed Mar 31, 2010
It is truelly unfortunate what happened to you and it is not acceptable on your agents part. However, we are actually all human too and make mistakes. One other thought I would throw your way would be although it appeared you might have won the bid based on dollars alone, you don't truelly know that would have been the outcome. There is a possibity that the other offer though lower, could have been selected anyways based on other criteria (closing date, financing, inspection). I agree with most the comments here, expressing your feelings to your agent, and broker and filing an ethics complaint are all appropriate. And like one pointed out, losing your business and your referrals will probably hurt a lot!! Best of luck next time.
0 votes Thank Flag Link Wed Mar 31, 2010
Courtney, take the tome to talk to your agent, and broker. They should be able to help you with this. Contact an attorney if you want more recourse than your agent is giving you help with.
0 votes Thank Flag Link Wed Mar 31, 2010
Call her managing broker!
0 votes Thank Flag Link Wed Mar 31, 2010
Courtney, If it was teh listing agent who forgot to put it in, there is much more recourse than if it was your buyers agent. hopfully they sent over this reason in writing or in an email. You need to speak with an attorney at once to protect your rights. You could try contacting the managing broker of teh listing agent at once for a meeting to see if there is anything they can or will do. Document everything at this point. I am not sure if you have any recourse against teh seller to lien the property where it is teh government, your sole recourse will be the listing agents license and errors and omissions insurance to settle with you. You may not get the house unless the other buyer back out unless teh seller has not signed yet, this is where the managing broker may be able to interceed. good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Wed Mar 31, 2010
Your agent goofed. The ultimate punishment is to not purchase through her. That hits right in the pocket book.. Yes, you could file an ethics complaint and take the considerable time out to do so and show up at a hearing. But the reality is that your agent has admitted the goof. There is no huge punishment for that.

And there is no financial remedy realistically speaking. As mentioned perhaps really letting the agent know how you feel as well as the broker will help you. But this house is gone.

Frankly any "punishment" is going to be a repirmand.

Now you say you sent your bid to the agent. Not sure how you did that as it is a specific form that really needs to be filled out with the help of your agent. I am wondering if you even had a valid bidding contract.

Is this agent even "HUD approved"?

It would be nice if you could follow up on this discussion and give us more facts. The problem with this site is we rarely see any follow up from the original questioner. And that would help with better answers.
0 votes Thank Flag Link Wed Mar 31, 2010
The first thing you should do is contact your agent and express to her that you are unhappy with what happened. I would never suggest jumping to the next level without first fully expressing your feelings with the party that made the error. You can also go in and speak with your agent and her Designated Broker of the company. Hopefully you can get something worked out within the agency.
0 votes Thank Flag Link Wed Mar 31, 2010
First is your Realtor advise.

Whatever you do, I do not see you buying that home.
Listing agent fail to present all offers, that seems to be the case.

What is in your Realtor mind about it?
0 votes Thank Flag Link Wed Mar 31, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer