Can the seller contact the buyer, while in the process of a real property transaction in escrow?

Asked by Ginabeeze, Eureka, CA Tue Jul 19, 2011

I am in the middle of a sales transaction of my home, and it started out smoothly as the buyer and his agent presented their offer on a "as is" sale. They insisted in the beginning of the process, they wanted an escrow 30 days or less. And now, they are trying to pick me apart at nearly the end of the escrow and nearing closing day. I wrote a letter to the buyer, and I am weary that the buyers agent is not going to forward the letter responding to a list of concerns that was submitted to the buyer's agent from the buyer himself. Does he have to present this letter, and do I have the right to contact the buyer in his best interest of the sale?

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11
Guy Gimenez, Agent, Austin, TX
Tue Jul 19, 2011
BEST ANSWER
Guess I'm odd man out here. If you don't have an agent (and in some cases, even if you do), you are not bound by the same ethical rules realtors are bound by so if you want to contact the buyer yourself then do so. If you are however trying to contact the buyer via his/her agent, I'm guessing you're fighting an uphill battle. If you really want to speak to the buyer, call, email or mail them a letter. If they don't respond, you'll have your answer.

Finally, if they're trying to pick you apart, then review your contract. Do they have the option of renegotiating the terms of the contract up until closing? If not, then how can they pick you apart as you say. Either they're bluffing or they have the contract drafted to be very beneficial to the buyer.
Web Reference:  http://www.phgbrokers.com
2 votes
Jennifer Bla…, Agent, Basking Ridge, NJ
Wed Jul 20, 2011
I'm with Guy - we can be odd men together! While it can be risky, I have often had luck putting the parties in direct contact. Sometimes intentions get lost in translation when agents and attorneys get involved. I can't recommend that my clients go around the agents, but I can't stop them from doing so either.

Good luck!
2 votes
Spirit Messi…, Agent, Tucson, AZ
Tue Jul 19, 2011
Do you have an agent? What do they say? They know what is going on in terms of contract(s) terms, dates, veribage, what was on the BINSR (Buyers Inspection Report) and a whole slew of other things. No one should advise you without knowing more, and if you are using an agent/Realtor they are the only one you should be speaking with. If you dont believe, trust, like or whatever your agent, call the office and speak with the Broker. You are near the finish line.
1 vote
Mid Century…, Home Owner, California
Tue Jul 19, 2011
I assume you are not represented by an agent? If the buyer has been communicating through their agent, then you should continue to go through the agent as well. Especially if you are getting emotional or aggravated, you need to go through the agent so that your aggravation is buffered, while your response is still delivered.
1 vote
Trang Beusch…, Agent, Campbell, CA
Tue Jul 19, 2011
Ginabeeze, I think you need to work with your agent to communicate to the buyer's agent who will in turn communicate to the buyer. If you go around your agent and talk directly to the seller, that may cause some problems with your agent and/or buyer's agent.

Yes, the buyer's agent should present your letter to the buyer. I hope you consulted with your agent when writing the letter and had your agent forward it to the buyer's agent instead of doing it on your own without your agent's knowledge. It's always best to work everything through your agent.

Good luck!
1 vote
is there a law that prevents a seller and buyer contacting each other ?
Flag Wed Nov 16, 2016
Hilarious! The old "You gotta have a Realtor scheme". Reminds me of the old phone game... let's see how much can be lost in transmission when in reality sellers usually know far more about their properties than their agents and buyers equally know more about their own needs that their Realtor does.
Flag Thu Jul 28, 2016
Thabok, Home Buyer, Eureka, CA
Fri Jul 28, 2017
i need help,i am currently renting house that i pay rent at the end of each month.I bought the other house and is in the process of registration.The attorneys confirmed to us that the registration will be on tuesday the 1st of August.Now i am worried to whether the seller will be ready to move out should the registration completes.I then ask my agent to find out if everything will be ready on seller side should registration be completed.The response i got from the agent was that i should not use the estimates date of attorneys to plan because they do not have control of deeds office and those dates might be wrong.I then ask him to treat it as if the date will be correct,still he could not respond to the answer.My worry is that i have school transport for my kid that is paid in advance as well as rent,now i will only have monday left.I do not want situation whereby i pay rent Monday and School transport then 2 days later i am leaving.Please advice if is wise for me to ask the seller himself about his readiness should registration happen? or what must i do
0 votes
Dp2, , Virginia
Tue Sep 6, 2011
Like Guy and Jennifer, I agree that it's possible and risky. I've communicated directly with the other party in several transactions. Sometimes that worked out nicely, and other times that direct interaction essentially helped to nuke that negotiation.

I understand why several of the others strongly recommend that you follow protocol, and let the agents function as proxies between you and your buyer.
0 votes
Dean Slone, , 95503
Tue Sep 6, 2011
Contracts do not belong to the "Agent" they belong to the "Broker" that employs the agent. If the buyers agent is NOT the broker then you could go to his/her boss, the Buyers Broker. It is the broker that has the liability here.

California Department of Real Estate has a web site http://www.dre.ca.gov/

There is a section for consumers and a check box at the top called License Status Check where consumers can check up on us real estate folks. http://www2.dre.ca.gov/PublicASP/pplinfo.asp

Type in the individuals name or license number and click FIND. You will find out if they have a salespersons license or a brokers license. Click on the License ID number and the information about them will appear, including their employing broker if they are a salesperson.
0 votes
Linda Urbick, Agent, Blackhawk, SD
Tue Jul 19, 2011
Ginabeeze

The answer is as everyone else has stated this is not in your best interest. This is the job of the Real Estate Agents and your agent is the one to communicate to the other agent. Has everyone signed off on the contingencies? specifically the inspection contingency? If the buyer backs out after releasing all contingencies he runs the risk of losing the ernest money. Buying a property "as is" means no expectations for the seller to fix anything.

I hope this all works out for you and that your agent is on the job!
Web Reference:  http://www.homesalespros.com
0 votes
Damon Willia…, Agent, Dallas, TX
Tue Jul 19, 2011
I would not reccommend doing this
Web Reference:  http://www.realtordamon.com
0 votes
Ron Thomas, Agent, Fresno, CA
Tue Jul 19, 2011
You are asking about going around the BUYER's AGENT and yet, you are going around your SELLER's AGENT!

Are you trying to submarine your own Deal?

Simply put; if you have a Contract to sell the house "AS-IS", then you have a Contract: If the Buyer is making noise, then you should be able to ignore it. What does your AGENT say?

Good luck and may God bless
0 votes
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