If an agent shows the home are you obligated to offer thru her?

nutbunchAugust 28, 2009

Even if she won't write the offer, because she thinks the price you offer is too low?

This other house has had the air condition stripped out of the wall, large tractor trailer sized tires in the back yard as well as washing machines. Trash huge in size and small strewn through the garage and piled high.

Carpet is shot, the kitchen cabinets are broken and missing parts.

Yet the listing price is comparable with houses not needing work in the area. So I figure the work needed is about 25 -30K so I want to offer that lower amount. Oh the roof is old shake too.

The agent that showed it to me is "oh they would never consider it" She's never talked to the agent or the bank. So how could she be so sure. I could submit picture with my offer of all the damage.

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sylviatexas1

well...
it doesn't sound like she's left you much choice...

    Bookmark   August 28, 2009 at 7:33PM
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Carol_from_ny

In some states I believe she is obligated to make the offer no matter how low. If she refuses I think I'd be calling her boss and asking just what the heck is going on.
Alternatively since she refused to do it and this sounds like a foreclosure I'd call a real estate attorney and have him make the offer and handle the rest of the sale.

    Bookmark   August 28, 2009 at 7:54PM
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limoncello

Why waste time calling her boss -- would you want to have this woman represent you if her manager forced her to work with you? Just call another realtor. If you're willing to sign a buyer agency agreement, are pre-qualified or can show proof of funds if you're planning on a cash purchase, and if you have a reasonable amount of earnest money to put down, I can't imagine you'd have a hard time finding an agent who'd be willing to write up and present the offer for you.

Good luck with your offer; hope it works out for you!

    Bookmark   August 28, 2009 at 8:44PM
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linda117117

Why bother even trying. Just call another agent, tell them you would like to make an offer on a property, they will be MORE THAN WILLING TO TAKE THE OFFER. In fact, what state are you in, I'll submit your offer ! LOL

Agents don't really have "bosses". You could call her broker, but the broker can't make her work with you if she doesnt want to work with you.(agents are independant contractors and they choose who they want to work with) She obviously thinks your offer is ridiculous and is choosing not to work with you. Move on to someone who is willing to give it a shot.

    Bookmark   August 28, 2009 at 10:52PM
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ncrealestateguy

Like I always say...never use the listing agent to write up your offer. They represent the other side, not you.
And yes, she is regulated that she has to present any offer to her seller fro any Buyer. She has no clue what her seller will or will not do. She has no clue what you will or will not eventually do.
Call her BIC, and let him/her know that she refused to present your offer, and then hire a BUYERS Agent to represent you.

    Bookmark   August 29, 2009 at 8:24AM
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graywings123

The showing agent is not the listing agent. The OP wrote: She's never talked to the agent or the bank.

    Bookmark   August 29, 2009 at 10:09AM
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Carol_from_ny

If you don't at least make the head of the office she works for aware of her refusal to put in your offer how will that person know what she is doing in the field?
This type of business relies heavily on it's rep. If someone isn't preforming, whether you use them or not the office should know you had a problem with how things were handled. It's the only way they can make changes.

    Bookmark   August 29, 2009 at 8:34PM
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trinck

As a Real Estate agent in NY, if you are in NY, I will tell you that the agent was absolutely obligated to submit your offer. If I were you, I would call her broker, let him/her know of the situation, and tell him/her you will be submitting the offer through a realtor in another agency, and do so! (That will certainly get her in the trouble she deserves to be in, and get your offer submitted!)

    Bookmark   August 30, 2009 at 12:57AM
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dreamgarden

Nothing like having to make extra mortgage payments, utilities, etc because your agent wants to hold out for a better offer....

Look up the name of the owner in the tax records and contact them directly. I'm sure they will be interested to know how many offers they AREN'T receiving.

If this were me, I'd go with a real estate attorney instead of an agent. He will know how to handle her.

    Bookmark   August 30, 2009 at 1:54PM
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sylviatexas1

"Why waste time calling her boss -- would you want to have this woman represent you if her manager forced her to work with you? Just call another realtor."

exactly.

    Bookmark   August 30, 2009 at 5:45PM
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jojoco

Yes, in NYS she is obligated to present all offers UNLESS she has specific instructions from the seller. For example, the seller could be selling the house for $200K and instructed the realtor not to present any offers under $180K. Not a great business plan, imo, but plausible. We don't know from the op.

jo

    Bookmark   August 31, 2009 at 9:36AM
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Billl

Before you present an offer on your own, fire the agent. Find a realestate attorney and have them help you draft a letter terminating your buyers agreement due to her failure to perform her duties. Send the letter (certified) to both her and her broker. You want a lawyer to help you with this so the agent doesn't come after you later for a commission on the sale.

After that, you can stick with just an attorney or sign with another agent. Personally, I would recommend an agent since I would anticipate there being a considerable amount of negotiation ahead to get the sale to go through.

    Bookmark   August 31, 2009 at 9:51AM
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berniek

Since there was NOT an unbroken chain of events leading to a closing, the agent would have no chance on collecting a commission IMO.

Here is a link that might be useful: Procuring Cause

    Bookmark   August 31, 2009 at 2:30PM
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