There should not be any direct contact between Buyers Agent and Seller (other than through the Seller's listing agent!!!!!!) The buyers agent should have know better!
Once a contract has agreed upon by both sides, signed and all changes initialed by the buyers and then the
contract signed also by the Sellers, then often each party has a copy of the executed contract with contact
info and current addresses on the last page of the contract with each sides respective Realtors and Attorneys, for the purpose of receiving needed information either through their attorneys or.....
But no matter what there should not be any negotiations directly conducted in any form between Buyers Agent and Seller ----- Not sure what compelled the Seller's agent to provide the buyers agent with the
sellers' cell phone number at that stage...
Hope this helps..... Agreeing and discussing all possibilities and what you the seller do not want your
Realtor to do, early on at the time of the listing agreement..... next time :)
Good luck to you
Edith YourRealtor4Life! And YourChicago&NorthernIllinois Expert
Working always in the very BEST interest of her clients... :)
I agree with the advice to either contact the Broker and work out another arrangement, OR sever the relationship with the brokerage completely.
Out of curiosity, did the Buyer's Agent tell you your agent had given out your number or did you assume that to be the case? If it was in the MLS listing or in the phone book, then it's harder to make a case against the agent unless the other agent specifically told you so.
From your accounts of the story I would certainly contact the listing agents broker and file a complaint with NVAR as Don suggested. If you were the point of contact for the showing of the home, and the agent could have received your phone number from the listing (per your instructions) then you might loose the case for the buyer agent having your number, but I still think there is a wrong doing. AND, if the buyers agent is contacting you directly without going through the listing agent, there might be some wrong doing on their part as well. Agents should always be speaking to the representation of the alternate party and never directly to a client of another agent.
Start with the listing broker and go from there. It also sounds like the listing agent was being unprofessional by sending you an email that was less than nice.
Did the listing agent gave the cell phone number of the seller to be contacted for an appointment to see an occupied property? If this was the scenario then seller & listing agent should complaint to the buyer agent broker..... Your realtor was just trying to do his/her job and the problem would be the other agent.
With that said, is ALWAYS your right to cancel the listing, for whatever reason! If you need a new Realtor, a VERY ethical one, I'm just a call away.
Maridol Garcia-Joy, Realtor, ABR, CAS, ASP
Long & Foster Real Estate Inc.
Alexandria /Kingstowne Center
5911 Kingstowne Village Pkwy Ste 100
Alexandria VA 22315
As for accepting the offer, LEGALLY no agent can force the seller to accept an offer unless the seller choses to accept it because the seller believes it is an acceptable offer.
HOWEVER - there is always however - LEGALLY, the listing broker can sue the seller for compensation IF the listing broker can prove that they delivered what the seller hired them to do: to produce a good market value offer - or according to the terms the Seller and the Listing Broker agreed to in the Listing Agreement - and the seller refused to accept the offer.
In summary: Seller is NOT obligated to accept any offers or sell against the will, but the seller MUST perform according to the Listing Agreement signed with the Listing Broker. What was your agreement with the Listing Agent?
Check your Listing Agreement and speak with your broker - there is no problem that cannot be worked out. IF you still believe the Listing Broker does not represent your best interests, you can always file a complaint with your local Association of REALTORS - assuming that your agent is a REALTOR, as Associations do NOT have control over real estate agents who are not REALTORS. For this reason you should ALWAYS hire a REALTOR.
If not a REALTOR, you can file a complaint with DPOR: http://www.dpor.virginia.gov/dporweb/complaintform.pdf
KELLER WILLIAMS REALTY
After you obtain your unconditional release...get a new agent. Make sure the agent is qualified and professional. Then allow them to massage this deal to a win win. My guess is that it can be done and I have done it on a number of occasions.
Best of luck to you and if I can assist..please contact me.
Erik J. Weisskopf, ABR,CDPE,CRS,GRI
Technically, I don't know where the provision of the phone number stands. However, in general, an agent should be representing his/her client. And that means that such information isn't to be provided unless approved of by the seller. Also, professionally, it's a really bad idea for the buyer's agent to contact the seller directly when the seller has an agent. The communication should go from the buyer's agent to the seller's agent.
Finally, the buyer's agent already knew the best way to help his client get the house: Make a full-price offer. Now, there are still sometimes reasons for rejecting full-price offers--usually revolving around contingencies. And you note that you had some concerns about financing. So perhaps even a full-price offer might not be sufficient. But that certainly would have been the next step the potential buyers should have taken.
Anyhow, call the agent's broker and let him/her know what's been going on.
Hope that helps.
Beyond that, how bad do you want to sell your home? I would welcome the selling agentâ€™s calls if I were motivated. Hope this helps,