What to do if the listing agent our realtor was working with "forgot" to place our bid! Part 2

Asked by Courtney, Blaine, MN Thu Apr 1, 2010

Hey guys,

2nd post to clear things up...We went to see the home in Blaine and decided to place a bid. I guess our realtor wasn't licenced to place a bid for HUD homes, so he asked, what he told us was the listing agent, to place our bid. She had all the necessary information and our agent said he even received confirmation through a voicemail (which he deleted) that she had everything she needed. I went on the HUD website the day the bid should have been awarded and noticed it sold for $150k. My agent called afterwards and said we would have won the bid, but the listing agent, Linda at Wallin Properties, "accidently" didn't place the bid. I even spoke with her yesterday and she admitted that it was 100% her fault we don't have the home. We even have the emails that went back and forth between my realtor and the agent with our final bid information. Again, even the listing agent said our bid would have been the one accepted if she would have placed it. What can we do here???

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Team Jernell, Agent, COON RAPIDS, MN
Sat Aug 28, 2010
Ouch! Nothing much more can be done at this point!! I hope it works out for you by talking to the agents brokers so this doesn't happen again. There is a possibilty the HUD accepted bid falls apart and the home goes back on the market. At that point you could look at putting your bid back into HUD. Good Luck!
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Don Tepper, Agent, Burke, VA
Thu Apr 1, 2010
Probably not too much.

You've figured out what went on. Your agent did what he was supposed to do. The listing agent slipped up. You can speak to the listing agent's broker and describe what happened. Maybe there are steps the broker can take to make sure that such mistakes don't happen in the future.

The listing agent probably carries "Errors and Omissions" insurance, but I'm not sure you can demonstrate a monetary loss. The agent made an error, but how do you establish the cost (in dollars and cents) of that error?

You can certainly speak to a lawyer, but I'm not sure that anything can be done to get you the house.

One thing you might do--and I didn't see your prior post so I don't know what you offered for the property--but there's a chance the property was bought by an investor planning on reselling the property. In that case--or in any case, actually--you can approach the winner bidder and express an interest in purchasing the property from him. Have your Realtor do that for you.

I've actually seen something similar done. A Realtor was helping someone pursue a short sale. However, the property went to foreclosure and was sold before the short sale could be closed. Turned out the purchaser of the property was an investor who'd planned on selling the property anyway. The Realtor knew the investor, explained the situation, and arranged for a sale from the investor to the Realtor's client. And--ironically--the clients saved money. The home sold for so much less at foreclosure that the investor made a nice profit and still sold the property to the end buyers for a few thousand less than the short sale price they'd negotiated.

So: Have your Realtor approach the purchaser of the property. And contact the listing agent's managing broker, if you're so inclined.

Hope that helps.
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