Home Selling in Albuquerque>Question Details

C & A, Home Owner in 88011

Help! Buyer's agent won't return our agent's calls! Can we, the seller, contact the buyer's agent?

Asked by C & A, 88011 Tue Apr 20, 2010

Our agent has notified us that the buyer's agent was late getting in their earnest check; so late that they missed the deadline THEY made for inspection and dispute! Before we send in termination paperwork to the buyer's agent and take advantage of another buyer's offer, can we call the buyer's agent and ask her to contact our agent immediately??? Unfortunately, this is also the owner/broker of the particular company. We're literally just waiting for the buyer's agent. Our agent has called and emailed so much that even the assistant is starting to avoid calls.

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If they are in default, I would not wait any longer if you have other offers. Send them the termination docs and move forward. Although agents don't like this, you or your agent might want to try to contact the buyers directly and ask what is going on, explaining that their agent is non-responsive. Sending emails with delivery and read receipts is a good way to document communications, even if you also follow up with a phone call. Sometimes agents are bad and their clients don't even realize it. Glad you finally have some offers! Good luck!
1 vote Thank Flag Link Tue Apr 20, 2010
Did the agent eventually deposit the check? Is the new buyer's offer better? I'm not sure what the point would be of contacting the buyer's agent personally. If they aren't returning your agent's phone calls, odds are, they won't return yours. It'll reflect poorly on you and your agent if you try to take matters into your own hands.

Instead, you should be looking at your situation. Is there an advantage to staying with this deal that's under contract, but in violation? If not, why not just have your agent inform the buyer's agent that due to their default on timelines, you are going to cancel the contract and accept the backup offer. Before you do that, make sure your back up offer is still valid, and I'd double check that they are prequalified so that their escrow runs smoothly.

The fact that the agent was so late getting the earnest money in could be nothing, or it could mean he/she is unprofessional, or that the buyers are having trouble getting their act together to buy the house.
1 vote Thank Flag Link Tue Apr 20, 2010
WOW I wonder what is wrong. why not return the calls?

However I had that happen FINALLY the seller (who I represent ) got so frustrated contacted the buyer direct was able complete the deal. Not sure where the buyers agent , and broker did not seem to care ! They pride themselves on customer care.

BASED ON THE CONTRACT if the buyer did not tender the earnest money on time based on the clause of the sales agreement THEY could be out of contract deal is null and void. HOWEVER confer with your listing agent determine if that is case IT COULD be free where you can pursue other offer.

If you are in option period you as SELLER might have right terminate the sales offer.

To many unknowns without full review of the executed agreement YOUR listing agent should be person providing you all info.

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Wed Apr 21, 2010
Thanks for all your answers. The agent is now in constant contact with my agent, so that problem is solved. We found out today that the buyer is not contacting his own agent!
Our agent already drafted and we signed an amendment with penalties if closing is delayed and/or if paperwork isn't turned in on time, the buyer buys a home "as is" with no expressed or implied warranties, save the structural warranty, which is transferred by the builder. It really does pay to have an agent that moves quickly.
0 votes Thank Flag Link Wed Apr 21, 2010
Just move on. If you're running into this amount of hassle at this stage in the process--both from the buyers and the buyers' agent, imagine what the rest of the process will look like.

Besides, suppose you do contact the buyer's agent. Do you really think that'll solve anything? No way.

If it walks like a duck and quacks like a duck, it's probably a duck. If the buyer isn't performing per the contract and the agent is avoiding you, take the hint. And you're in a great position: You have another offer. (Maybe not as good, but perhaps they're more serious about buying.)

Don't waste any more time or effort on a losing proposition.

Hope that helps.
0 votes Thank Flag Link Tue Apr 20, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Has your agent submitted a "Notice to Perform" to the buyer's? There is a time period for them to respond. If they don't, you can move on to the next buyer.

This will avoid all the phone calls & frustration with getting the buyer's to respond.

Realistically, if they're being this difficult now, you may not want to continue through the escrow process with them. With them being so unresponsive, it may be a difficult transaction til the end.

It may be better to move on and get a more "responsive" and "motivated" buyer and agent.

You can call but, it probably won't motivate the situation anymore than what your agents already done.

Good luck!
Web Reference: http://www.weberhomes.INFO
0 votes Thank Flag Link Tue Apr 20, 2010
How unprofessional! WOW! Trust you Realtor to handle it.
0 votes Thank Flag Link Tue Apr 20, 2010
Hum sounds fishy to me. I agree with Jason if the buyers agent is not calling your agent then it's very un likely that they will speak with you either. Sounds like maybe the buyers want to walk away for some reason and their agent just doesn't want to deal with you anymore.

I think for my own peace of mind I would contact the buyers agent just to see what answers you can get from them if any. I would not let another offer walk away because you are waiting on buyers could can't comply

Good Luck!
Angie Morris
Keller Williams Realty
0 votes Thank Flag Link Tue Apr 20, 2010
I would take matters into your own hands but if the buyers agent isn't returning calls to your agent what makes you think she will you back? Seems as though your agent is doing all the right the right things. Just make sure there is a great paper trail and it appears to me that the buyer is in default according to what you stated. Good Luck

Jason Stevens, ABR, GRI
Kevin Flynn Realty, Inc.
0 votes Thank Flag Link Tue Apr 20, 2010
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