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Old 03-07-2009, 02:52 PM
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Default Realtor Misconduct? Is this wrong?

HELP!

I recently put multiple offers in on a home - each was refused. However, I was present when my agent attempted to submit an offer - the listing agent with whom she was trying to work (and incidentally works in the same office with) appeared to do everything in her power to prevent my agent from submitting an offer directly to the owner - my agent wanted to present the offer so that she could explain how I came to the price I was offering; which was signifcantly lower than the asking price.

Speaking with the listing agent, my agent repeated her requests to contact the owner directly (which she believed was her right to do). However, the listing agent accused her of being "secretive" and somehow duplicitious. Flustered, my agent divulged my offer to which the listing agent retorted that the offer was to low. Hanging up on my agent and then calling back litteraly one or two minutes later, the listing agent - who previously lamented that it was "nearly impossible" to get ahold of the owner stated that she - despite my agent's requests to do so herself - presented my offer which, the owner refused (no counter offer was ever presented by the listing agent).

Whether it is true or not - I believe there is a distinct possiblility that neither of my offers was ever presented. Through my own sources, I am aware of what the owner owes on the home and is also close to forclosure and other financial difficulties. The house has been on the market for a year - and I am the first person to both view the house and also submit any offer. I was never told that there was any threashold in terms of offering prices, etc.

My agent was certainly frustrated and uneasy about my having witnessed the exchange between her and the listing agent. Paranoia aside, I left with the distinct impression that something was going on here.

Is this illegal or unethical?

I would imagine that she (not my agent but rather the listing agent) is neither serving her client (who at least deserves to hear an offer - even if he chooses to refuse it), nor is she serving the office she works for - not to mention ME a cash-in-hand buyer.
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Old 03-07-2009, 02:58 PM
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While its illegal for you realtor to contact the seller directly, you are free to do so. I would suggest writing a letter to the owner and dropping it off at the house. Inquire if they received your offer and that you would love them to contact your agent or yourself.


Contacting the managing broker at the RE offcie is another option.
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Old 03-07-2009, 03:08 PM
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Thank you!
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Old 03-07-2009, 04:29 PM
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clevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to allclevedark is a name known to all
I'm not a realtor, but I've heard enough of them say they're legally bound to present all offers. But I think it will be a useless waste of energy for you to try to force this sale. This realtor obviously has a bad impression of you and doesn't believe you are a good faith buyer, or are more trouble than it's worth.
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Old 03-07-2009, 08:10 PM
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We follow the directions of our clients. Sellers sometime hire agents to be their only contact and don't want to deal or talk with potential buyers. So it all depends on how much the seller wants to be involved with other parties.
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