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Asked by Charlie, Queens, NY Sun Apr 21, 2013

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Answers

5
Gail Gladsto…, Agent, 11743, NY
Mon Apr 22, 2013
The deal should go forward. Your agent should present the offer with a contingency of whatever % was being offered out through the MLS. the seller's agent does not get the choice to exclude the agent who brought in the offer.

Worse case scenario, your agent's broker can bring selling agent's broker to grievence aftrr the fact but I seriously doubt it will get that far.

I've been in these shoes before and you have MLS Rules on your side.
1 vote
Anna M Brocco, Agent, Williston Park, NY
Mon Apr 22, 2013
If you want to purchase the property, go ahead and ask your agent to present the offer in writing, including a contigency of the commission amount offered on MLS; the offer shoulb be presented in person to the seller(s) with the listing agent present. If it becomes necessary, the commission matter can be resolved through arbitration, or the two brokers owners may choose to resolve on their own.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Mon Apr 22, 2013
Charlie,
Unfortunely, this can be true.
Your agent very likely encouraged you to attend open houses as an integral element of your home search activity. During that conversation with your agent, you were also instructed to tell the attending agent that you do have professional representation and maybe even to hand the agent your agent's business card. You were also instructed NOT TO SIGN ANYTHING! Failing to follow these important instructions results in your current situation.
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Have your agent follow Gail's instruction and write the purchase offer accordingly. The listing agent will be compelled to present the offer to the owner. This is your opportunity to expose the action of the listing agent to the scrutiny of the home owner. If I were a betting person I know where I'd place my money. The key is, 'Submit a serious offer' that ignores this agents demand.
That is what serious buyers do.
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Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
727.420. 4041
http://RealEstateMadeEZ.us
0 votes
Jim Olive, Agent, Key West, FL
Mon Apr 22, 2013
What's really sad is that the agent's unprofessional, childish and greedy behavior is embarrassing to the rest of the profession. The mere fact that a buyer attends an open house does not establish procurring cause, the listing agent needs to get over it and decide whether s/he wants to continue in the association, which likely requires co-operation in order to list. But hey, crazy things can happen when there's money involved, heck, some people kill each other over it...shameful!
0 votes
Gail Gladsto…, Agent, 11743, NY
Mon Apr 22, 2013
The deal should go forward. Your agent should present the offer with a contingency of whatever % was being offered out through the MLS. the seller's agent does not get the choice to exclude the agent who brought in the offer.

Worse case scenario, your agent's broker can bring selling agent's broker to grievence aftrr the fact but I seriously doubt it will get that far.

I've been in these shoes before and you have MLS Rules on your side.
0 votes
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