If I send an offer on a house and the selling realtor says she has a counter offer but never sends it,

Asked by Ambar, Bellflower, CA Wed Mar 4, 2009

(it's been 4 weeks), is there any legal action I and my realtor can take ?

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Benny Chavez, Agent, BELLFLOWER, CA
Wed Apr 29, 2009
Sorry to spoil the party but you will need to re-submit the offer or move on to a property that has less trouble in regards to the listing agent. Good Luck!
Web Reference:  http://bennychavez.com
1 vote
Jesse Puente, Agent, Bellflower, CA
Wed Dec 19, 2012
Four weeks is a long time to be waiting for a counter. Your agent needs to be in control of the negotiations, and is required to keep their client informed and to discussed other options. My main concern why is your agent waiting. You need to move to different transaction.
0 votes
Jamie Durity, Agent, Cerritos, CA
Fri Mar 6, 2009
My first concern when I hear about these types of situations is...what exactly is "your" Realtor doing? Part of being a successful, qualified Realtor is to have full control of the negotiations of a contract. Essentially this is our KEY ROLE. There are times when offers are written and agents are non-responsive, but there are many ways to handle those occurences that would not leave a buyer wondering. First of all did your Realtor attempt a simple phone call to the agent? If the agent isn't responding, what about the agent's broker? Next, is the property still active or is it pending or sold (closed sale). If closed, what did it sell for and was your offer grossly low that it may have been viewed as "insincere". Was your offer submitted incomplete and poorly packaged. There are times, especially now, in the age of Bank Owned and Short Sales, where the listing agent will SPECIFICALLY state what is required to be considered. Perhaps your offer was submitted incomplete or did not meet the initial criteria for submission. All these avenues need to be ventured before you go to the extreme of taking legal action. A non-response is "appropriate" in these cases. Perhaps the counter offer was sent, but was lost in transmission via fax/ email. Is your agent full time or part time? I have seen instances when a part time agent does not have the time, tools, and resources to properly keep up with the deadlines and time frames related to offers and counter offers. Some counter offers only give a very short time frame for response and if your agent is working a full time job and moon-lighting real estate, they could have very well missed that deadline and have no way of explaining their own mishap. I have seen this happen with part-time agents and rather than admitting that they dropped the ball, they conveniently blame it on lack of response from the listing agent. There are several other ways that this can be handled including contacting the local board of Realtors and submitting a copy of the original offer that was submitted to the broker/ owner and even possibly the seller of the property DEPENDING ON THE CIRCUMSTANCES. This can boarder the line of being unethical, but there are ways to accomplish this without violating "fidiciary" rights and relationships. But it really starts with an investigation of your own agent before you even begin to question the selling Realtor. I hope this helps...best wishes.
Jamie Durity
Century 21 Astro
Cerritos, CA 90703
Top 1% in Sales Nationwide
Million Dollar Club Member
Web Reference:  http://www.jamiedurity.com
0 votes
Mission Viejo…, , Mission Viejo, CA
Wed Mar 4, 2009
Your agent should be in touch with her asking where it is. You have to sign the counter or they had to send you back a signed offer. There are dates and time limits on offers. If they didn't send it and they didn't sign it then it is a dead deal. If the property is still available you can submit a new offer which is the best bet.
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