Home Buying in Cupertino>Question Details

Goldendeer, Home Buyer in Mountain View, CA

How can I find out if seller agent truly submitted my offer to the lender?

Asked by Goldendeer, Mountain View, CA Sun Aug 26, 2012

I am waiting for a lender approval of buying a short sale since March 2012, but I didn’t hear anything from lender Chase. The seller agent didn’t answer the phone and email most time. We only received call back a few time during 5 months. He keeps saying “No updated information” and he already submitted our offer to the lender. Later we found out the contract that was signed by seller on July. We feel something really strange. Also recently he “accidently” list the property again. My questions are:
• How can I find out if seller agent truly submitted my offer to the lender?
• Is there any confirmation letter/note from lender after seller agent submits my offer?
• What should we request from him for the proof of the submission?
• Can I and my agent directly contact the lender and seller?
We had been so patient waiting for progress. I am so loyal and I had missed lot of other opportunities during this waiting period. We feel very frustrated with this seller agent.

Help the community by answering this question:



My first question is two fold. Have you received a copy of an accepted offer signed by the seller and 2nd - have you opened escrow? Ask your agent this.

Nothing seems weird about your description - except an agent who may not be good at updating your agent. There quite possibly has been no updates (but this also is a red flag for the listing agent not knowing what they're doing).

If you opened escrow and have received an accepted offer, your offer was most likely submitted.

NO the banks do not give a confirmation letter or note after the listing agent submits these offers.

You should OPEN ESCROW as that plus an accepted offer should be proof enough.

NO you nor your agent cannot directly speak to the lender.

You should just keep waiting it out. It really sounds more like your frustration is with the short sale process than the seller's agent.

0 votes Thank Flag Link Sun Aug 26, 2012
Everyone does it differently but I always open escrow and require all buyer's to open escrow on my short sales. It means your earnest money deposit is placed into escrow's trust account. It means you have skin in the game. The seller is not allowed to accept more than one offer and is not supposed to send in more than one offer to then short sale lender. BUT...it depends on if the seller's agent knows what he/she is doing. Ask your agent that you want to open escrow now. If they have for some reason accepted more than one offer - you should find out if you try opening escrow.

I think you're fine..but better safe than sorry right?
Flag Sun Aug 26, 2012
I didn't open escrow. I only have a copy of the contract signed by seller. Does that mean they accepted my offer? By the way, can seller sell to other buyer now?
Flag Sun Aug 26, 2012
If you submitted a an offer to the Seller on March and the seller accepted it, the date on the seller acceptance should have been in March and you should have received a copy of that signed contract at that time.

No, you nor your agent can talk with the Seller's Lender because the Seller signed an Authorization for their Lender to Communicate with their Agent. Since there is not a signed authorization to you or your agent the Lender will not talk with you.

There is probably some email communication between the agent and the Lender. Since there is concern on your part your agent should contact the listing agent's Broker and discuss what they can give to you to give you peace of mind.

These things do take time. Some Banks and some Agents are much better at the process than others.

All the best to you.
Web Reference: http://www.terrivellios.com
2 votes Thank Flag Link Sun Aug 26, 2012
If you are the buyer, it's kind of tough to get the seller's agent to provide you with proof. Use your agent to press the other agent into providing something in writing. Ask them for a copy of the fax that was sent to the lender. If it was sent to the lender through Equator.com (which several banks use to manage the short sale process) then have them give you a screenshot of the upload time and date stamp.

Sounds to me like you are getting the run-around. Sorry to hear that.
1 vote Thank Flag Link Sun Aug 26, 2012
Okay, so you're at the five month mark, and aren't getting any real feedback? When does your offer expire?

Ask your agent to find out if there's a "Lis Pendens." If the bank has initiated foreclosure proceedings, it may be too late to get a short sale done.

Don't let your affection for this property cloud your judgement.... if your offer expires next month, go and take a look at the competition.
1 vote Thank Flag Link Sun Aug 26, 2012
1. Ask the listing broker for a copy of the transmittal communication to the lender.
2. There should be some email traffic from the lender showing the project is in motion.
3. Ask the listing broker for permission to communicate with the seller and lender. If says yes, then it is okay. If he says no, go back to 1 and 2, above. If he does not answer, contact the seller and lender.
1 vote Thank Flag Link Sun Aug 26, 2012
I made an offer in listing price. I think the agent try to find a cash buyer. He hold me as back up.
Flag Sun Aug 26, 2012
This is almost SURREAL!
I would fall back 10 yards and ask your Agent to set up a meeting with the Listing Agent's Broker:
He will undoubtedly include the Listing Agent;and you can get some answers.

Good luck and may God bless
1 vote Thank Flag Link Sun Aug 26, 2012
You can't. I just had this happen to me. The agent actually told me she made the decision not to submit the offer and just turned it down. Now she wants to submit the offer to the seller. 99% of the realtors are honest. You can't really find out if they submitted the offer and due to the realtor code of ethics your realtor can not contact the seller directly.
0 votes Thank Flag Link Tue Mar 5, 2013
Welcome to the wonderful world of short sales. Sadly your experience is sometimes common. Many short sale agents are unresponsive.

However, as others have mentioned, you can ask for email or fax proof of communication of the offer. Again if escrow was opened (and any deposit made), you likely have an accepted offer. It does seem odd that the seller didn't sign until July, I agree.

As far as "accidentally" listing the property again-was that on MLS or a syndication site (Zillow, Trulia, etc.)? If MLS, that is a red flag. If a syndication site, that is usually due to how those sites refresh data, which can be automatic.

For your questions:
1) Ask directly, and then ask for email or fax confirmation of offer being sent. (There is not likely to be a confirmation of it being rece3ived).
2) No
3) See #1, ask for email or fax confirmation of offer being sent.
4) No

Keep in mind that the seller agent won't get paid until this is a completed sale, so he or she should remain motivated. However I tell my clients to be prepared for a short sale to take 9 months.

I hope you've made progress since asking these questions. Please let us know.
0 votes Thank Flag Link Fri Dec 28, 2012
Did you recieved a signed acontract by the seller?
Is there a 2nd there? If the seller has a 2nd loan then it will take longer to get approve.
Did your agent explain to you that short sale take a couple months to be approved? I have a short sale from the end of April we finally about to get the final approval. I do not understand why your offer is sent in March 2012 and the seller accepted on July 2012. Is it possible the seller delay the short sale process so the seller will get longer free living opportunity.

Grace Keng
Keller Williams Realty Cupertino
0 votes Thank Flag Link Wed Aug 29, 2012
we recieved a signed acontract by the seller on July when we request. That's why we knew the selle agent was lie to us. He said he submited my offer to the lend on March. He just want to hold us as a back up.
Flag Wed Aug 29, 2012
If you have an agent you should talk to your agent and your agent should talk to the seller's agent. If for some reason this is not happening you should tell your agent that you want to talk directly to the seller's agent and perhaps together call the seller's agent and tell him you wish to talk directly to him. Many/most agents will not talk directly to another agent's client. Ask the seller's agent if it is okay to talk directly to the seller.

Unless your offer has an expiration date, the seller has little urgency to accept it. However with a short sale the lender is unlikely to approve it until he believes there is little likelihood of the property being sold for more money.

Home prices have climbed steadily this year. The lender may not want to accept a short sale. See Cupertino real estate statistics at:

You should be able to find out if your offer has been declined or if it is still being considered.

Juliana Lee

No. 3 agent nationwide at Keller Williams
0 votes Thank Flag Link Sun Aug 26, 2012
Good answers so far. Lets try to sort a few things out. If the seller didn't sign the offer until July then the lender would not be able to consider it until then. The short sale approval package needed to include a completed offer along with buyer's proof of financing. Your lender's prequal might have expired by then (assuming this is not a all cash offer). You might want to inquire about this. If it was not sent until July, it is possible that Chase has not yet responded. Next, you cannot talk to the seller's lender without written authorization from the seller. In my opinion, there is nothing that says your agent cannot talk to the seller. Finally, you need to ask yourself how serious is this seller?
Good luck,
0 votes Thank Flag Link Sun Aug 26, 2012
I am a buyer and made an offer in listing price. I think the agent try to find a cash buyer. He hold me as back up.
Flag Sun Aug 26, 2012
I don't know why the sellers agent would not submit your offer. Was it a realistic price? What terms did you list on the short sale addendum and how long did you agree to wait? The seller/listing agents want to sell the home in the best interest of the seller and, of course, for themselves. The agent does not get paid for their work until escrow closes. What would motivate them to NOT submit your offer? In my opinion, this does not make sense. You may want to speak with your agent about being more aggressive in order to obtain info from the listing agent or about moving on to another property.
0 votes Thank Flag Link Sun Aug 26, 2012
I made an offer in listing price. I think the agent try to find a cash buyer. He hold me as back up.
Flag Sun Aug 26, 2012
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