Is the agent representing the buyer as well? or a friend of them is representing the buyer?
If this is the case, It is just very sad when an agent puts his or her personal interest ahead of the client's. They are short sighted and will probably not be able to get repeat business... whether you find out or not.. the agent who does this type of thing is terrible... unfortunately there are a large number of people out there doing that...
You need to manage our current escrow strictly, and make sure all timelines and contingencies are followed to the "T" if they are not, then you can cancel. Additionally if you are able to cancel because of buyer lack of performance, then you can cancel your listing agreement for "just cause" your agent breached their fiduciary duty to you...
You can also report them to their broker and to the California Department of Real Estate, and please do give testimonials on websites. :)
That said, do what is best for you and not out of spite or anger towards the agent. It may be smarter to close the deal you have in your hands and just move forward... is hard to say without knowing the details... you may want to get someone else with experience (like an attorney or a third party broker) to look over the deal and the agent for you for a fee... if you don't trust the agent anymore.
Feel free to email me if you have any additional questions...
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Speak to your agent. Trying to prove that someone did not disclose something is a very hard thing to do. Your agent, and if necessary, his or her broker is your best recourse for a complaint,
Keep in mind your back up offer is just that, a back up in case your current buyer does not perform. If your buyer failed to perform, and your agent willfully withheld a back up offer from you, you may want to seek a legal consultation as you may have a claim.
Kawain Payne, Realtor
Also, in my state we enter in to back up "contracts" that explicitly state which position the contract is in (2nd, 3rd, etc) with the help of an addendum.
Practically I would say that there is not much you can do about it but I would suggest that you have a very candid conversation with your agent about this situation. It sounds like the two of you are not on the same page.
I have more questions than answers so far.
I can say your agent should have shown you all offers.
I also should say you are still in a contract with a buyer and you have to stick to it.
As for the "funny stuff" with the back up offers you can consult a real estate attorney.
Harold Sharpe - Broker
So Cal Homes
California Department of Real Estate Broker License # 01312992
Kevin McLaughlin, Broker Owner
Berkshire West Realty
Back up is not a binding contract - it's an offer.
If the active contract becomes inactive, then you can review all back up offers and sign
a new contract on the offer that you like best.
All offers are supposed to be presented, unless in your listing agreement it says that your agent won't present offers upon contract signing, or if the back up was verbal (check your listing agreement on that). If you don't like your current contract, prepare a timeline - with all important dates that your buyer has to follow. If the buyer does not perform on time or fails to inform you on something that is due, then it could be your way out of the transaction.
Hope this helps,
Beachfront Realty, Inc.
It is your agent's duty and obligation to present any and all offers to you, even if they are backup offers. Your agent works for you.
Although you are currently in escrow, make sure that the loan and other contingency periods are held to. If your current Buyer does not get their loan approval by the loan contingency date, showing a lender approval with conditions, this may be a sign that they are having difficulties and your agent may issue a notice to perform to the buyer. If they do no perform, then move on to your back up offers.
Always have a game plan. If the first buyer backs out, have the next buyer in the wings on standby. I do this all the time. In this market, you never know what will happen with the buyers.
All the best,
Kat Becker, Realtor
Prudential California Realty
You cannot just cancel a contract because you have a feeling; you have to ride this one out.
If your Agent turned down the other offer, it is because they would not wait.
Have you talked with your Agent about all this?
Did you LISTEN to your Agent?
Good luck and may God bless