Can a listing agent refuse to submit an offer?

Asked by Lee, Fort Lauderdale, FL Wed Jan 21, 2009

I have been working with the listing agent for an REO property. I e-mailed her that I wanted to make on offer to the bank. She replied that the bank had previously refused 2 higher offers and 1 equal offer, so she was not going to bother sending them mine. Is that legal / ethical / allowed? Should I get my own agent and have him/her submit my offer?

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11
John Bennett, Agent, Orlando, FL
Wed Jan 21, 2009
Hi folks,
Much is being said here about the agent having to present offers.
I request you all to read what is said by Florida law
TOWHIT:
Section 475.278(3)(a), Florida Statutes, provides that a single agent must present “all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing.” Therefore, if the seller has previously directed his or her single agent in writing that he or she shouldn’t be presented with any offers written on the FAR contract, then it would not be a violation for the seller’s single agent to refuse to present it to the seller. If the seller hasn’t so previously directed his or her single agent in writing, then the agent must timely present the offer.


I wish you to read once againTHIs part that some are missing:

"unless a party has previously directed the licensee otherwise in writing"

ThanK YOU
Thank YOU
NOW WE ALL ON THE SAME PAGE RIGHT?????
0 votes
Bill Eckler, Agent, Venice, FL
Wed Jan 21, 2009
Lee,

It is not advisable to enter into any type of real estate endeavor in which your personal interests are not protected by a licensed real estate professional.

This is an example of the treatment you recieve when working strictly with an agent looking out for the interests of the other party. Yes, you should consider identifying your own agent and keep the other side honest.

Good luck
0 votes
Deborah Port…, , Rome, GA
Wed Jan 21, 2009
The offer should be submitted. The bank can refuse it, counter it or surprise you with an acceptance. The market changes so a new offer, with sound funds, might be more attractive than it was last month.
0 votes
Mott Marvin…, Agent, Sunny Isles Beach, FL
Wed Jan 21, 2009
All offers must be submitted!

These days, banks are getting swamped with offers on REO and Short-Sale Properties. If a property is in demand, [good location + great price]- there are no shrtage of buyers!

Work with someone that has your best interests at heart.
0 votes
Lee, Home Buyer, Fort Lauderdale, FL
Wed Jan 21, 2009
Thank you all for the quick & thorough replies! Something about this agent didn't sit right with me, and this confirms my gut feeling. I definitely don't need the drama--home buying is enough in itself. I have gotten several recommendations, so I think it's best that I shop for the right agent before I go any further. Thank you all again!
0 votes
John Bennett, Agent, Orlando, FL
Wed Jan 21, 2009
To be very clear to my answer - this is form the legal web site to Florida realtor

Section 475.278(3)(a), Florida Statutes, provides that a single agent must present “all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing.” Therefore, if the seller has previously directed his or her single agent in writing that he or she shouldn’t be presented with any offers written on the FAR contract, then it would not be a violation for the seller’s single agent to refuse to present it to the seller. If the seller hasn’t so previously directed his or her single agent in writing, then the agent must timely present the offer.
0 votes
Jose Castillo…, Agent, Hollywood, FL
Wed Jan 21, 2009
Lee

Offers should always get bumitted. however there are several ways in which the listing agent can say they will not submit, If the seller directs them them as to what the lowest offer they would look at is, or what conditions/concessions the offeer has on it.
If she is directed by the seller to not submit offers after one has been accepted.

You should have your own buyers agent to help you with this. If you like i can help you.
just get in touch with me at your convenience.

Jose Castillo
Coral Shores Realty
954-240-3940 or josesellsfl@yahoo.com
Web Reference:  http://www.josesellsfl.com
0 votes
John Bennett, Agent, Orlando, FL
Wed Jan 21, 2009
WOOPS I was wrong
not 6-1 but 1-6

Standard of Practice 1-6

REALTORS® shall submit offers and counter-offers objectively and as quickly as possible. (Adopted 1/93, Amended 1/95)

I make so few errors, I am so very sorry,

heheheheheheh
0 votes
Cecilia Calc…, Agent, Howard Beach, NY
Wed Jan 21, 2009
I most definitely think you should have a professional agent submit your offer for you - It is unethical for anyone not to submit any offer no matter how high or low it is.
Celia Calcagnile
Century 21 Amiable II
Howard Beach, NY 11414
ASSOCIATE BROKER
0 votes
John Bennett, Agent, Orlando, FL
Wed Jan 21, 2009
Yes, they can.

NAR 6-1 say they are to submit all offers YET>.>

a Realtor CAN get a signed doc that says Seller will not
look at offer that do not meet outlined conditions.

WHILE IN MY PRACTICE I SUBMIT ALL OFFERS,
ONE CAN GET AROUND IT.

advise, you should get agent to help you - they cost you nothing
and can save you tons.

as a Broward county Native (1947) I know seveal good agents that know thier stuff

Please call me if you want a agent to help you through the in and outs.

john

352-978-4539
0 votes
Dp2, , Virginia
Wed Jan 21, 2009
You could kindly remind her that her refusal to submit your offer could end up causing her to lose her license, if you were to pursue this matter further with her broker, the board of realtors for her state, and/or NAR.

However, I'd probably move on to other properties instead--to avoid the drama.
0 votes
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