Home Buying in Wildwood>Question Details

Triplejsphot…, Home Buyer in New York, NY

Unethical realtor? House still in contigent?

Asked by Triplejsphotography, New York, NY Wed Mar 19, 2014

Seen a house loved it was turned down by her financier then we was approved by another. Called Fri to place bid was told we had to email preapproval.So Sat we emailed, messaged and called her with no answer (messaging done thru Facebook where shows was read) we inlisted a buyer relator he contacted at 630 there was no offers. We put bid in at 1030 Sun to be told that it went under contract at 645 sat to a unapproved buyer. Is this totally unethical? And what can.we do? It shows contigent and she will not answer my relators call? Please help us it was perfect for our family!

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She told our relator that when he called to place our bid. Thats whay seemed most unwthical to me that she wouldn 'tallow us to do that but then did for someome else. And too not present both to her clients is not handling a client's best interests
0 votes Thank Flag Link Thu Mar 20, 2014
This is what I would recommend. Have your Buyer's Agent contact the broker for the Listing Agent regarding status (if he/she is not returning the calls)

While I agree that agents should RETURN CALLS, it may not be so cut and dry. In addition, I agree that an agent should state honestly if there are offers on the table, (or should tell you they won't tell you which is what some bank foreclosure agents do)

You said that they took another unapproved offer and told you that you could not submit an offer until you were approved. First, how do you know that the other offer was not pre-qualified/approved? I suggest that buyers I work with get pre-approved before we ever even find the right house. This allows them to jump fast if they find something the LOVE. Second, the agent is REQUIRED to present all offers to the seller unless the seller tells them not to. So, If the listing agent has an offer they received in writing, they must present it, and the seller gets to decide (with the advice of the agent) what to do with it. It is difficult to know exactly what went on.

It is hard if not impossible to speak to the ethical or unethical behavior of the agent with the information available. Your agent would best be able to gauge that information. I do think that it is a lack of professional courtesy that your agent cannot get phone calls returned.

I hope very much for you that your buyer's agent is very assertive, and will get to the bottom of this for you. I understand the disappointment you and your family are feeling with this, your dream house.

I can also tell you to have your agent keep watching what is going on or consider submitting a back up offer for the house. If your agent submits a back-up offer in writing, then the listing agent will need to present it to the seller. If this deal does not work out, you will be next in line. Many deals fall apart for various reasons. In particular, if the other buyer is not qualified to buy the house as you think, it will fall apart anyway.

You're agent should be able to suggest the best course of action.

Kirsten Wellborn
Garrett Realty, LLC
0 votes Thank Flag Link Thu Mar 20, 2014
It sounds typical in some cases. the most important thing is having a buyer agent who is a "go getter" never mind messaging, they should call the listing agent, over and over, no answer than go there, No listing agent will take offers from unapproved buyers. It does not make sense. This home may be lost, when you find the next one, act quickly and be ready to move quick on making an offer.
0 votes Thank Flag Link Thu Mar 20, 2014
I have a buyer agent but the agent is not returning any calls on status of sale. So its not unethical to lie about offers on home to another relator that is putting in a bid, to not allow one person bid on the home when not preapproved but allow another to do so. Or allow a bid once preapproved? She blantly ignored us to take a unapproved offer! How is that not unethical! And my relator shakes head when asked about her and says she's odd......
0 votes Thank Flag Link Thu Mar 20, 2014
Sounds like you have a brokerage relationship with an agent. Rely on their guidance and move on.

Luck happens when preparation meets opportunity.
0 votes Thank Flag Link Thu Mar 20, 2014
And another detail was that when she.and my relator talked at 630 there was no offers:( he was so sure that we had it beacuase he was told there was no offers on house. So it feels that we got completly blocked. With all these details is it not unethical on both seller and buyer sides?
0 votes Thank Flag Link Thu Mar 20, 2014
I don't know why it posted NY I'm in Ga lol:) but to clear up a.few facts . We never nid on house before she just gave us number for her finanving agent. So seller never heard of us. Secondly she told us we had to ne preapproved which we did on Fri, still wouldn't.allow us to bid then on.Sat she lied to our relator. Now when our relator calls to check on status she won't.answer or call back.
0 votes Thank Flag Link Thu Mar 20, 2014
Your agent is in possession of more facts than we are, so you need to ask them. If another offer was in process before yours arrived, it's possible. Where the owner and you already tried to do business and your previous loan was declined, they may be hesitant to try again.
If a home is contingent, meaning contingent upon sale of another property, in many cases that offer can be bumped by one that is non-contingent. NY has very different practices than my area, so I'm going to refer you back to your agent or their broker again to find out exactly what options you may still have.
0 votes Thank Flag Link Wed Mar 19, 2014
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