Jose Guzman, Real Estate Pro in Aventura, FL

Listing Agent says he will not present the offer. Is he in violation of the Code of Ethics?

Asked by Jose Guzman, Aventura, FL Fri Sep 28, 2012

I sent an offer to a listing agent in Fort Lauderdale and 2 minutes later he calls me to tell me it is too low. I asked a written response but he says he will not present the offer. Is he in violation of the Code of Ethics?

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Edyta Gryc, Agent, Naperville, IL
Fri Sep 28, 2012
Standard of Practice 1-7

When acting as listing brokers, REALTORS® shall continue to submit to the seller/landlord all offers and counter-offers until closing or execution of a lease unless the seller/landlord has waived this obligation in writing. REALTORS® shall not be obligated to continue to market the property after an offer has been accepted by the seller/landlord. REALTORS® shall recommend that sellers/landlords obtain the advice of legal counsel prior to acceptance of a subsequent offer except where the acceptance is contingent on the termination of the pre-existing purchase contract or lease. (Amended 1/93)

Although, the listing brokers are obliged to present all offers,assuming that the listing agent was instructed not to present certain offers (fe. below certain amount),he/she should not be in violation, since he got specific instructions not to do so, as long as such instructions do not violate Fair Housing Laws.
1 vote
Annette Law…, Agent, Palm Harbor, FL
Fri Sep 28, 2012
Is the listing agent a Realtor(r)?

Does listing agent have a pre-established agreement with the seller to kick low-ballers to the curb and stop wasting everyone's time?

Seller and agents need protection against paper hangers. Auto curb kickers are one of those. I prefer the agreement to respond to offers 7 days after receipt. The message you should take to your buyer is 'This one's not THAT desperate!" Isn't that what you are trolling for, desperation?

Is it ethical to allow your buyer to present an offer that hasn't a snowballs chance in Florida of success? At what point are you, the buyer's agent, required to say to your buyer, "This isn't going to work?" instead of deferring that education, time, effort and resources to the seller and their agent.

I would suspect that should you file a complaint the listing agent would be able to produce the aforementioned curb-kicker agreement. Make an fair offer. It's surprising how well that works.
1 vote
Gary Geer, Agent, Antioch, IL
Sat Sep 29, 2012
If the seller's gave written direction to the agent not to present any further offers then the agent can refuse to submit.
0 votes
Mack McCoy, Agent, Seattle, WA
Sat Sep 29, 2012
Who is he not presenting it to - the seller, or the lender?
0 votes
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