Home Buying in 33315>Question Details

Angel Calzad…, Real Estate Pro in Fort Lauderdale, FL

What to do with an agent that does not follow up at all with your buyer's offer ?

Asked by Angel Calzadilla, Fort Lauderdale, FL Wed Jun 6, 2012

Recently I submitted via e-mail to listing agent a solid cash offer above asking price for a buyer I am working for. After 3 working days I called listing agent to know what was the status of the offer to follow up with my buyer, and listing agent responded that he did not know if seller accepted the offer. Evidently the seller's agent was not doing his job at all and was negletfull to follow up niether cooperate ethically. I called the listing office in order to have an answer for my buyer and somebody there informed that listing was on multiple offers till May 30st. According to MLS information is not a short sale niether a foreclosure and listing agent did not disclouse any information about in remarks/broker's remarks. Listing agent never was able to receive my calls and there was no other option that my buyer had to contact him for the offer status. Listing agent informed my buyer that another offer was accepted by seller. Is really worth it to report that "agent" ?

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BEST ANSWER
Business Etiquite has changed a lot in my lifetime:
Of course; I am a dinosaur!

People, (including Realtors) do not return phone calls.
They do not write letters.
They have no consideration for associates and, amazingly, Clients.
They have no respect.
They believe that there is an inexhaustible supply of clients out there.
They think that RULE do not apply to them.
They use the fact that they are representing a Client as a shield to do anything they want.
Their matra is that "It's Buisness!"

I've long believed that these people serve a necessary function in our world:
They make the other people LOOK GOOD!
2 votes Thank Flag Link Wed Jun 6, 2012
I agree with Erich when it comes to best practices. That however does not change the fact that some agents are plain rude and have no social manners.

I once had a similar situation with a local broker that appeared to be a successful independent broker. They never acknowledged received our offer, they never acknowledged multiple offers, and when I called to get a final status update i was told the home had gone to another offer several days ago. So i asked, "when were you planinng to let us know" the responce was "I work for the seller, not for your buyer". Needless to say that agent has never received another offer from me. And since has closed his brokerage and become an afiliate agent again.
What goes around, comes around.
2 votes Thank Flag Link Wed Jun 6, 2012
Hello Angel,

I can tell sooo many stories just like this one...
I now require a confirmation, will call/text/email till I get in touch with the agent/broker, will keep on following up - not fun, but...it seems to yield better results.

I would not rely on listing agents' proper conduct any longer.
Personally, I feel you should not waste your time on "fixing" this agent.
We can only "fix" ourselves...

Feel your pain though...

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
1 vote Thank Flag Link Tue Jun 12, 2012
I guess what it really comes down to is how much more time you want to invest in this real estate agent. On the one hand, I'd want to report him, but on the other hand, why spend more time on someone who will eventually get paid back?

Nicole Marks Mason, Realtor
http://www.buysellboca.com
1 vote Thank Flag Link Wed Jun 6, 2012
Hi Angel,

True and very sad. When Listing Agents manage volume of listings, many agents somehow feel it gives them the right to be unresponsive and unprofessional. It's important to realize the seller doesn't have to be an REO or a short sale to give his agent instructions to accept multiple offers and give a date to close the "portal". Sellers are becoming much more savvy and believe they can also "act" like Banks. We are already seeing "equity" home sellers request buyers to "prequal" with their preferred lender.

To answer your question: It's not worth it since, unfortunately, there is alot of that behavior out there. I've experienced similar situations a number of times. The way I see it, if an Agent is going to be that unresponsive and unprofessional, would you really want to work on the other side of a transaction with that agent? When I come across that situation now, I simply tell my buyers the Agent is unresponsive and unreliable and it would be in their best interest to move onto the next property of interest. This is a true statement to your buyers; and, you save them as well as yourself potential headaches and heartaches. This is a serious business but there are "unprofessional" professionals in every industry.

I hope to have the priviledge of working a deal with you in the future. By the way, my tagline happens to be....

"Reach for a Higher Standard"

Take care,

Nilsa M. Maisonet, PA
Keller Williams Realty Professionals
1 vote Thank Flag Link Wed Jun 6, 2012
Thank you Nilsa for your attention to my concern and the priviledge and the pleasure will be mine when working with you some day. You are already in my diamond list. My best regards.
Flag Wed Jun 6, 2012
Would ask my broker talk with his broker. What concerns me is that he didn't know if the seller had accepted the offer.
1 vote Thank Flag Link Wed Jun 6, 2012
Not clear, did you send a contract attached to an email or just an email saying we will give? One deserves a response the other would appear as a scam to me. Good luck,

Jim Simms
NMLS # 6395
JSimms@cmcloans.com
Financing Kentucky One Home at a Time
1 vote Thank Flag Link Wed Jun 6, 2012
Answering to Jim Simms: I sent an actual offer contract for my buyer ( a FAR-9 by the way) as attachment in an e-mail to the listing agent and also I called him and left a message on listing agent cell phone with my contacts. Thanks for your observation

Answering to Erich Whiteman: Thanks very much for your information, but I know very well the standards of practice you have referred below to me. My point is that even the listing agent did not have the obligation to disclose that property was on multiple offers, he never called me to let me know at least that my customer offer was not accepted by seller and that's my complaint when a listing agent does not follow up properly even he does not work for the buyers. In my opinion this is not only a "money maker business" or industry. This is a profession. The problem is that probably I am taking this profession too seriously.

Answering to Joe Stafford: Thanks so much Joe for your attention to this matter. I really appreciate it.

Answering to Ron Thomas: I am so glad that are out there true professionals like you. You have made my day. God bless you and I am sure that your customers are already blessed by having you as a realtor.

Answering to Marge Bennet: Your concern is full of sense. At some point I had the feeling that the listing agent did not present the offer to the seller at all and unfortunately they is no way of verification even if I involve my broker into that situation. I believe that there is a lot of aspects in Real Estate to be legislated and make them enforceable like for example when an offer is presented in writting the seller should be obligated to respond in writting in fashion manner no matter a short sale, foreclosure or regular sale even on multiple offers situation. Is all just about respect to the loyalty of our buyers and the dedication and professionalism of the realtors who really want to keep the pactice standards at the highest levels. By the way , I highly appreciate your concern and attention to this matter.

Answering to Antonio Vega: You are the type of agent and person also that I would not hesitate to bring a buyer to one of your listings and shake hands with you at closing. I am sure is a pleasure to deal with you at any professional level. Thanks for your time to answer my question.
0 votes Thank Flag Link Wed Jun 6, 2012
Lookit ... everything is negotiable. You can make the sellers agent agree in the offer that they'll get back to you in x number of days, confirming the offer was presented to the seller and the sellers response. Is that so hard? If the sellers agent doesn't respond, that offer contract is void and write in that offer that their is some civil liability/penalty if they don't respond by fax, email or in writing. Texts and phone messages don't cut it. That'll get their attention. Really surprised you guys don't know how to cover your a$$e$.
Flag Tue Dec 10, 2013
Technically, I doubt anything is 'wrong' here. Ethically, I know something is wrong here.
First off- the agent should have requested all buyers sign a multi offer form to submit highest and best. That is good for buyers and sellers.
Second, don't worry about it too much. You did what you could and your buyers should be made aware of that. Tell them honestly and be transparent. Most of the time they will appreciate your frustration, diligence and hard work. Quickly move on to the next one and make the best of it. 'not meant to be'
That other agent will get theirs someday very soon and I'm sure the seller will not be thrilled to know how they treated the situation either. If you really feel compelled to do something. Have your broker call/email their broker explaining the situation. Their broker may choose to let them go or give a warning. I'm sure the broker will be thinking of the hit to his/her E&O the next time that agent does sloppy business and gets the broker in hot water.
Best of luck to you and your business. Keep a positive attitude, be honest with your buyers and simply say you did your best. That is all you can do. Move on, make a sale and make the buyers happy=you winning.
0 votes Thank Flag Link Wed Jun 6, 2012
Thanks so much Daniel Barto.
Flag Wed Jun 6, 2012
There unfortunately is nothing to report if the listing agent notified you and/or your client that another offer was accepted. When we have multiple offers on a property listing we don't have to tell anyone except our clients. If your buyer did not win the offer and the agent told them that then it doesn't sound like anything was done unethically.
0 votes Thank Flag Link Wed Jun 6, 2012
Standard of Practice 1-15

REALTORS®, in response to inquiries from buyers or cooperating brokers shall, with the sellers’ approval, disclose the existence of offers on the property. Where disclosure is authorized, REALTORS® shall also disclose, if asked, whether offers were obtained by the listing licensee, another licensee in the listing firm, or by a cooperating broker. (Adopted 1/03, Amended 1/09)

What is it you wish to report this agent for? It may very well be that his Seller directed him to accept multiple offers until the May 30th deadline you mentioned and without the Sellers approval, was not allowed to disclose the other offers on the property.

Since your client's offer was not the offer accepted, it might simply have not been the best offer. Sellers, not just lenders, want the best price and terms they can get for an offer. An offer where a Seller holds a note and earns interest from the buyer can make the Seller more money than a higher cash offer.

It sounds more like this Listing agent wasn't negelectful but acting as directed by his Seller. The Listing agent did answer your call and provide you with an answer, all be it not the answer you wanted. If the afent had been directed to not disclose multiple offers, the "someone" in the office who did disclose should have referred you to the agent or broker and not disclosed.
0 votes Thank Flag Link Wed Jun 6, 2012
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