Slowfoodisgo…, Home Buyer in Concord, CA

How does a buyer know for sure that the seller has actually seen their offer?

Asked by Slowfoodisgood, Concord, CA Tue Jul 17, 2012

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Pacita Dimac…, Agent, Oakland, CA
Tue Jul 17, 2012
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If you're using the CAR (California Association of REALTORS) purchase agreement, at the bottom of page 8, there is a section where the listing agent enters:

Presentation of Offer -- agent enters information on when offer was presented and signs
Rejection of Offer -- seller signs

Ask to have the seller acknowledge your offer by: accepting or rejecting (with signatures)
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Thanks! This is a case where I know the broker for the selling agent is one who has prejudices against certain other local agents, perhaps mine, I don't know.
Flag Tue Jul 17, 2012
Slowfoodisgo…, Home Buyer, Concord, CA
Thu Oct 25, 2012
I've often wondered about this. There is a section in the offer form where you can request the owner's acknowledgement of the offer, but I have a feeling this doesn't always happen.

I am certain that some realtors don't make their clients aware of certain offers and give priority to offers from buyers represented by agents in their own office, or may shy away from offers via agents they dislike.

What I suggest is to mail or deliver a copy of your offer to the owner of the house. No reason why you cannot do this. You could include a personal letter emphasizing why you love the house, etc., and let them know you plan to live there and be part of the neighborhood, etc. I know I'd prefer to sell my home to someone who'd be a good neighbor than someone who'd just rent it out. There are ways to find the names of owners (like using http://www.blockshopper.com) or property tax records.

I believe there are some really unscrupulous realtors around -- especially in Clayton where I know of one who even told me that they like to keep listings "in-house" as "special gifts" for buyers who work only with them (those would be the "coming soon" homes that don't get signs put outside until it's sold and never go on the MLS. This realtor will argue that some clients like the privacy of such a sale ... but I imagine that's only after the realtor has painted a horror story for them first. Yikes.
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Cindy Davis, Agent, San Diego, CA
Tue Jul 17, 2012
Honestly, and ultimately, you don't. Yes, there are ethical standards that we are all held to or risk losing out license. Agent's don't get paid unless they sell a home...so, maintaining one's license and the genuine desire to earn a commission keep most agents legitimate.

Are there a few reckless Realtors in every city in America? Of course...but the chances are that your offer has been presented.

In your situation, where is the lack of trust precisely ? Is it with your agent getting your offer to the listing agent? Or the listing agent presenting the offer?

If for some reason, you are truly not sure about it...ask your agent to correspond with the listing agent and copy you..Ultimately you can always go to the listing agent's broker...I would think twice before doing so...but that is an option.

Good luck.
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Bernard Gibb…, Agent, Danville, CA
Tue Jul 17, 2012
Under the MLS rules, all offers received must be presented to the seller unless the seller instruct the listing agent that they do not want to see offers that don't meet a speciified criteria.

As Pacita correctly states, there is a section in the CAR contract where the offer can be rejected. In practice, this is not often completed though.

Do you have a reason to think that your offer was not presented? In my experience, it would be very unlikely in our area. Most agents are extremely ethical, regardless of what some members of the public may believe.

Bernard Gibbons

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Bernard Gibbons, J. Rockcliff Realtors
DRE License # 01331583
Phone (925) 997-1585 - bernard@bernardgibbons.com


http://www.BernardGibbons.com
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