I submitted an offer on a house and asked that the seller sign it. Their agent has not complied.

Asked by Adam, 10541 Fri Jul 17, 2009

What is my recourse with a seller's agent who never returns my agent's calls. Additionally, because I've grown frustrated with the antics of the seller's agent, I requested that my most recent offer on the house be signed by the seller. The agent, as I expected, failed to comply with this request. What is my recourse ? It seems that the seller's agent is stonewalling me and my agent. Any clues why she would do this, especially considering my offer is quite generous and I am extremely qualified to buy.

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5
Donna Bruno…, Other Pro, Briarcliff Manor, NY
Mon Aug 24, 2009
Sounds like you have an ethics issue.
If the listing agent has not returned a declination of offer letter from the sellers stating that they would not counter or accept your offer, I would ask my agent to have his/her manager call the listing agent's manager to open discussions. If there is still no recourse, please know that all agents have to treat buyers and sellers fairly. All agents should answer offers as soon as they can but no longer than within 24 hrs. If you feel that you still have a problem, you can call the local Board of Realtors and file a complaint...but please know that should be the last course of action.
0 votes
Geraldine "G…, Agent, Jefferson Valley, NY
Sun Jul 19, 2009
Call and speak with the officer manager.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Sat Jul 18, 2009
Why not suggest that your agent involve his/her office manager who in turn can call the other agent's manager and hopefully all issues can be resolved in a timely fashion.

Anna
0 votes
St. Lawrence…, Agent, Stamford, CT
Fri Jul 17, 2009
Adam,

First) Be sure, by examining the New York State Agency Disclosure form you signed when first meeting with your agent, that that form shows your agent is indeed acting as a Buyer's Agent.

Second) If you are actually being represented by a Buyer's Agent, your agent needs to get on the listing agent for this. If the listing agent still gives your agent trouble, then your agent should report it to the board.

Keep in mind that it may not be the listings agent at all, but the seller. Many times sellers are reluctant to sign anything. I know other states call it a sign back because the seller must sign the offer back to the buyer, but New York is quite different from most other states.

If you are negotiating back and forth on this home, your agent can request that they be present, either on the phone or in person, when the offer is presented to the seller. Your agent may also present the offer themselves. However, this is a REQUEST and not mandatory. In other words; the seller does have the right to refuse this request.

If you still feel there is an issue and your agent does not wish to pursue it, you may contact the Putnam County Association of Realtors http://www.putnamrealtors.com/ and file an official complaint.
0 votes
Brandon Jerk…, , Crofton, MD
Fri Jul 17, 2009
hello my name is Brandon Jerkins with champion realty and i have had that a couple of times the best approach would be to call that agent directly and leave him or her a message saying i have great news please call me back and give them the number when they do request for your agent to present the offer themselves to the seller client with the other agent present of course. that will show the seller that there has been a problem and will cut down the time of waiting for a response by the lazy agent
0 votes
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