Waiting To S…, Home Seller in 60088

Does a selling agent have to notify the seller when a counter offer is made to a potential buyer?

Asked by Waiting To Sell, 60088 Mon Oct 25, 2010

I have a house on the market, I received a offer, my agent sent a counter offer with out notifing me, is this correct or should I be notified before the counter is sent?

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9
Waiting To S…, Home Seller, 60088
Mon Oct 25, 2010
I would like to thank everyone for their input. I will add to this question when I get done talking to my agent tonight.
1 vote
Anna M Brocco, Agent, Williston Park, NY
Mon Oct 25, 2010
Yes, the selling agent should discuss any offers and any counter offers with the seller first, unless agreed otherwise beforehand--you decide, not the agent.
0 votes
Waiting To S…, Home Seller, 60088
Mon Oct 25, 2010
We did not find out about the counter offer until 2 hours after it was submitted to the buyers agent. We have not given permission to our agent to make counter offers on our behalf, when we signed with the agent we made it clear that we wanted to be notified of any happening with our house. I am hoping it is just bad communication.
0 votes
Guy Gimenez, Agent, Austin, TX
Mon Oct 25, 2010
WTS,

If an offer/counter-offer is not in writing and executed by all parties, it is not binding on any party. So, YES, you should be concerned about the counter-offer being signed/not signed as verbal offers/counter-offers for real property will not hold up in court. Your agent can not legally negotiate on his / her own without your input. Period.

I'm assuming since you are concerned about your agent's apparent unethical actions, you did not have "other arrangements" with your agent that you simply forgot about at the time of your post.
Web Reference:  http://www.phgbrokers.com
0 votes
Mike Stodola, Agent, Libertyville, IL
Mon Oct 25, 2010
This question is tough to answer without all the information, but in this area, counter offers are often verbal and then put onto paper once agreement is reached, so you can ignore the answers about a counter offer needing to be in writing. Unless you made another arrangement your agent should have discussed a counter offer with you first, but sometimes other arrangements are made such as a client asking their agent to do the negotiating on their behalf down to or up to a certain point. I'd have a discussion with your agent or their broker and determine if they were acting in your best interests or not and more forward from there.

Good luck,
Mike Stodola
0 votes
Guy Gimenez, Agent, Austin, TX
Mon Oct 25, 2010
If you have some way of proving your agent made a counter-offer (apparently verbally, since counter-offers are typically signed by the countering party), then you should fire that agent and take other action with the agent's Board of Realtors for an ethics violation.

This is far worse than bad business.
Web Reference:  http://www.phgbrokers.com
0 votes
Scott Miller, Agent, Boca Raton, FL
Mon Oct 25, 2010
Hi Waiting. That's bad business on the part of your agent, plain and simple. All offers and counter-offers should be made in writing (including emails) and OF COURSE!!! you should be made aware of every move that affects the price/sale of your home.

Call the broker at the office he/she works and let this person know what happened. If you have proof, bring it to their office or email it to them. That's the height of irresponsibility if you ask me, not counter-offering with you being fully aware of what's happening.

The agent is treating your home like his/her own!! Put an end to it and find another agent, this one sounds way too unexperienced.

GOOD LUCK.

Scott Miller, Realty Associates, Boca Raton, FL
0 votes
Paula Nierman, Agent, Arlington Heights, IL
Mon Oct 25, 2010
Your agent should have been in discussion with you about a possible counter offer and what you felt comfortable with. The offer then should have been signed by you before it was forwarded over to the potential buyers.
0 votes
Christine Mc…, Agent, Valparaiso, IN
Mon Oct 25, 2010
I do not understand how your agent could send a counter offer without your signature. You have to sign the counter offer. You need to talk to your agent. If you don't feel comfortable with the answers then talk to the managing broker of the office.

Christine
0 votes
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