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Asked by Buyer, Massachusetts Thu May 19, 2011

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Answers

12
Ruth and Per…, Agent, Los Gatos, CA
Sun May 22, 2011
When accepted Yes, that is when you go into contract, as the seller has accepted your offer,
Or countered your offer

When rejected no, the seller may just not have the band width to do it.
Imagine where you wrote a low ball offer and upset the seller, or the seller recd. 15 offers
And takes one, and asks his agent to let the others go.

You can always send a Request for Acknowledgement, if that does not appease you
Then, definitely consider knocking on the sellers door, but be sure that you had written
A good offer and not offended them.

Move on, good luck.
Perry
0 votes
Territory.c…, Agent, MA,
Sun May 22, 2011
No, the sellers are not legally obligated to sign the offer. As an exclusive buyer brokerage advising clients it would be nice to know officially (via initials or signature) that the offer has been presented.
Web Reference:  http://www.territory.com
0 votes
Lew Corcoran, Agent, Easton, MA
Fri May 20, 2011
A home seller is not obligated to sign an offer to purchase. If he or she does sign an offer to purchase, then it becomes a valid contract and you must proceed with the purchase/sale of the home.

Most sellers typically will want to negotiate with a buyer before deciding whether or not you have an agreement or a meeting of the minds.

A seller can also outright reject your offer by either stating so or by ignoring your offer completely.
Web Reference:  http://Lew.BestChoice.net
0 votes
Scott A. Nel…, , 02155
Fri May 20, 2011
As part of any offer it's contingent upon a time frame for acceptance. Sellers can typically just wait out the time the offer was written to be good for & it's a non-starter. In a perfect world yes you would get feedback on your offer, times, dates or finances or purchase price that wasn't acceptable but most often your buyers agent might get back some verbal feedback but most wouldn't want to put it into writing because that could be construed as a counter offer. An attorney can give you the best legal advice and should be part of your toolbox in your work to find a home.

Hope that helps
Web Reference:  http://www.MedfordHouse.com
0 votes
Jay Allen, Agent, Framingham, MA
Thu May 19, 2011
If you suspect that the offer wasn't presented (which would be unethical), draw up a simple acknowledgement form and have your agent send it to the listing agent. Something to the effect of "on 5/19/11 we, Mr./Mrs. Seller, received and reviewed an offer from Mr./Mrs. Buyer and chose to reject the proposal." Ask the sellers to sign it.

In my experience, this business is a breeding ground for suspicion. In multiple offer situations, the question on the buyer's mind is "are there really other offers or is the listing agent making it up to get me to pay more?" When a seller is asked to remedy a home inspection issue prior to closing, the buyer's concern is "will the seller find the cheapest contractor they can find and do a shoddy job?" A little healthy suspicious isn't a bad thing when you're taking on such a large purchase...but 9 times out of 10, the things that agents tell you are true...because we have ethical obligations. Still, there are unscrupulous people out there so trust your instincts.

Good luck!

Jay Allen
Coldwell Banker
508-380-2101
Web Reference:  http://www.josiahrallen.com
0 votes
Joyce Lin, Agent, Leominster, MA
Thu May 19, 2011
The Attorney for the MA Association of REALTORS©, Steve Ryan, recently answered this question:

Q. Is there a requirement in Massachusetts that a seller provide a rejection in writing?

A. Although a buyer may request that a written rejection be provided in response to their offer, there is no legal requirement that the seller do so.

You can ask for a written rejection and you may or may not get it. What it comes down to is trust - that the Listing Agent presented the Offer and it was rejected.

Are you referring to the MAR (Mass Association of REALTORS©) form #501? If so that form has had the accept, reject, counter section for the 6 years I've been using it.

Hope this helps!

j
0 votes
Buyer, Both Buyer And Seller, Massachusetts
Thu May 19, 2011
thank you all for your answers. I know that they do not have to legally give you a reason as to why they did not take the offer(or at least i think they do not have to). But, in the new offer to purchase form there is a line under "seller's reply" section (b) that says "Rejects the offer" so I am still not sure if they have to sign it legally. Also, how else would I know if the offer was even presented??? (i know agents are required by law to present all offers)
0 votes
Ruth Kendrew, Agent, Lynnfield, MA
Thu May 19, 2011
Yes, they should be. A signature protects all parties,so that there can be no misunderstandings, as to wether the offer was actually presented.
0 votes
Christine Mo…, Agent, Wilbraham, MA
Thu May 19, 2011
It is supposed to be when rejected but I never see that unless people want to go out of their way.
0 votes
Jay Allen, Agent, Framingham, MA
Thu May 19, 2011
To accept an offer it needs to be dually signed by the buyer and the seller to be. Verbal agreements, while technically binding, cannot be defended in court for real estate transactions. If the seller has given you a verbal yes, go ahead and get excited...but don't pop the cork on the champagne until you have signatures.

No signatures necessary on rejected offer.

Good luck!

Jay Allen
Coldwell Banker
Web Reference:  http://www.josiahrallen.com
0 votes
Louis Wolfs…, Agent, Needham, MA
Thu May 19, 2011
Accepted yes, but regected no. It is nice if when an offer is rejected that the seller give a written counter offer.


Louis Wolfson
Web Reference:  http://www.LouisWolfson.net
0 votes
Amy Mullen, Agent, Shrewsbury, MA
Thu May 19, 2011
To be valid - yes. It's a requirement of contract law.

Amy
0 votes
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