Am I missing something...

paulinesNovember 16, 2008

or maybe I'm overthinking this whole thing.

A few months ago a re agent sent a letter to ho in our neighborhood, stating she had buyers looking for a home here. What the heck, I responded that our home would be going on the market shortly and we'd allow her to bring her buyers through prior to that. We agreed on 2.5%, specific to these buyers.

Fast forward. She showed up with her buyers and an agreement for me & dh to sign. I advised her that I would have my atty. review the agreement and return it to her - no problem. They took a tour of our home, stood outside chatting for a good 20 minutes or so and the buyers left. The re agent then came back to my door and asked me to return the agreement (unsigned) and I did.

A few days later I got feedback from her. The buyers wanted a 4 bedroom, our's is 3. They wanted a eat-in kitchen, we have a breakfast bar. She stated at that time she was sending me a revised agreement (the initial one wasn't on letterhead?). I stated to her, why bother - the agreement is a moot point, if your buyers aren't interested. She stated, that she's not ready to say that and asked us to sign and return the paper. She seems anxious to have the signed doc.

What's your take on this? Does it seem that the buyers may be interested or is she covering her bases (we have put a fsbo sign up - dh thinks the re agent is afraid her buyers will go behind her back maybe)?

Meanwhile I have another buyer who is coming back for a 2nd look - keep your fingers crossed for me please!

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berniek

"Does it seem that the buyers may be interested or is she covering her bases (we have put a fsbo sign up - dh thinks the re agent is afraid her buyers will go behind her back maybe)?"

That's a good possibility if she does not have a signed buyer agency agreement.
If the paper is specifically mentioning this buyer and only applies to this buyer and no other, I would say the agent is cya.
For me, signing it would not be a problem under this scenarion.

    Bookmark   November 16, 2008 at 12:56PM
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mariend

If you are concerned, take all docs to a RE lawyer and sign nothing. If she insist everything be returned to her, photocopy all, and then return, noting, that nothing is legally signed and you are not accepting the sale at this time without further investigation.

    Bookmark   November 16, 2008 at 3:21PM
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xamsx

I agree with mariend.

    Bookmark   November 16, 2008 at 3:25PM
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lucy

I think she's just using those 'buyers' to get you to sign on with her (and maybe even has "exclusive" hidden in the fine print). I wouldn't do it unless I was sure I otherwise wanted her to be my listing agent. Personally, I'd just choose someone else. I doubt if those buyers were for real anyway.

    Bookmark   November 16, 2008 at 3:39PM
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linda117117

I doubt if those buyers were for real anyway.

Yeah, Im sure thats it. All realtors hire people to act as buyers to try to get listings.

    Bookmark   November 16, 2008 at 8:15PM
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calliope

I suspect it's what your husband said. With nothing on paper, if these buyers come back and haggle, there's no contract between you and her agency.

If it were me, I'd just tell her that if they do decide on submitting a contract, to give a jingle and until then tell her not to waste her time or yours. She may be playing games with "them". Maybe they felt pressured. I have never had a party submit a contract and ask for it back immediately. That's strange. Who knows?

    Bookmark   November 16, 2008 at 8:31PM
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lucy

Linda, I never said she was paying them - they could have been friends, or some misled real hunters who never had any intention of wanting your place.

    Bookmark   November 16, 2008 at 11:18PM
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linda117117

Lucy, do you really believe that a realtor is going to waste their time bringing friends to a home pretending to be buyers in an attempt to get a listing? Listings are a dime a dozen right now. And as far as the "misled real hunters", again, what is the purpose of bringing a buyer to a house that the agent doesnt think they will buy? Realtors are in the business to make money, not waste their time on games.

    Bookmark   November 17, 2008 at 9:08AM
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rosie_2006

Same thing happened to me several months ago...we had taken house off market. This realtor calls and says I know your house is off the market, but I think I have a buyer for you. She comes by, I let her walk through house. She said her clients would absolutely love it...sign this agreement. I said no, you bring me a signed agreement and then I will sign so you get commission. Never saw her again.

    Bookmark   November 17, 2008 at 3:00PM
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mariend

We went thru something like this when we were trying to sell in CA. After the listing, RE kept telling us she had a real good propect. She came over and after we refused to sign up again, (long story), found out it was a relative and had not real interest in buying our house.
Just be careful and sign nothing and yes there are a few realtors that will play these kind of games. I can think of 2 right off the bat.

    Bookmark   November 17, 2008 at 5:33PM
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paulines

At first, I also thought it might be a ploy to get listings (at least when the agent sent out the letters to our neighborhood), but the buyers seemed to be on the up and up ~ who knows?

In any event, thank you for the responses.

    Bookmark   November 18, 2008 at 5:39AM
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lyfia

I had this happen to me. A realtor contacted me after finding out I was fixing to put my house for sale. She brought her buyers by. They bought it. I didn't have to sign anything with her until she brought the offer though. I just used an attorney to look over the paper work before signing and then only paid her the buyers agent commission.

    Bookmark   November 18, 2008 at 8:49AM
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