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Old 01-22-2008, 02:55 PM
 
Location: North Carolina
526 posts, read 1,231,029 times
Reputation: 291
Default Games realtors play...

Can some of you real estate types tell me:

Is there an "official" form which must be used to submit an offer? I think I am being stalled by an unscrupulous realtor who is telling me that there is. We submitted a carefully filled-out offer (NC Bar Assoc Form No. 2 - 2005) and she did this song and dance that it was not the right form. I informed her that offers can be made on the backs of envelopes, she has a fiduciary responsiblity to the seller to present every offer. Nevertheless, here I sit, four hours later, waiting for her to email me the "correct" form. In the meantime, I know that other offers are coming in on this house--perhaps from her cronies who want to buy it and flip it. We, who are looking for an actual place to live, will get left out.

What to do?
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Old 01-22-2008, 04:29 PM
 
1,832 posts, read 2,905,555 times
Reputation: 1077
Default Call the local board of realtors

I would call the local board of realtors in hopes that she is a member. It may be that she's not familiar with this contract and it freaks her out. I am a realtor in FL and I can tell you that yes, I would have an obligation to present your offer in a timely manner on this home. Realtors can request a particular contract and it will appear in the MLS listing as such (at least that is the case in FL), but to my knowledge you gave her your offer and she should present it. I would contact either the board of realtors or the state governing body that provides licenses and ask them. Either one has the ability to sanction a realtor or at the least provide you with guidance.

Hope that helps--even though I'm out of state--
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Old 01-22-2008, 04:40 PM
 
Location: Wake Forest
2,828 posts, read 7,876,690 times
Reputation: 1007
I do not know your realtor, nor do I know what she is dealing with today with other issues, that being said, there is a more recent form, one from 2007, so maybe that is what she talking about.

leigh
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Old 01-22-2008, 05:29 PM
 
1,489 posts, read 3,612,730 times
Reputation: 496
There is a standard offer to purchase form for North Carolina that was recently updated, and does change regularly. Do offers have to be written on this form? I don't think so, since builders typically have their own contracts which will differ. Contact the North Carolina Real Estate Association, and they will tell you. You may have to eventually have your offer on the standard form, but that doesn't mean your offer can't be presented.
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Old 01-22-2008, 06:03 PM
 
Location: Raleigh
279 posts, read 745,659 times
Reputation: 190
Quote:
Originally Posted by goat1of2 View Post
Can some of you real estate types tell me:

Is there an "official" form which must be used to submit an offer? I think I am being stalled by an unscrupulous realtor who is telling me that there is. We submitted a carefully filled-out offer (NC Bar Assoc Form No. 2 - 2005) and she did this song and dance that it was not the right form. I informed her that offers can be made on the backs of envelopes, she has a fiduciary responsiblity to the seller to present every offer. Nevertheless, here I sit, four hours later, waiting for her to email me the "correct" form. In the meantime, I know that other offers are coming in on this house--perhaps from her cronies who want to buy it and flip it. We, who are looking for an actual place to live, will get left out.

What to do?
You are right...an offer can be made on the back of an envelope (but we all know you wouldn't) AND the other comments are right about a changing of forms this year. BUT in order for a REALTOR to submit an offer they are "suppose" to use the updated form. You would want to use the NC BAR form because it protects you and the seller from the MANY things that can go wrong. She is correct in saying we are not suppose to use the old form which she is probably referring, but with that said NOV 1 was the deadline to use the old form so I think by now every agent should have a copy of the new one....
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Old 01-22-2008, 06:06 PM
Status: "Keep on the Sunny Side!" (set 18 days ago)
 
Location: Cary, NC
19,168 posts, read 29,291,111 times
Reputation: 15969
Quote:
Originally Posted by goat1of2 View Post
Can some of you real estate types tell me:

Is there an "official" form which must be used to submit an offer? I think I am being stalled by an unscrupulous realtor who is telling me that there is. We submitted a carefully filled-out offer (NC Bar Assoc Form No. 2 - 2005) and she did this song and dance that it was not the right form. I informed her that offers can be made on the backs of envelopes, she has a fiduciary responsiblity to the seller to present every offer. Nevertheless, here I sit, four hours later, waiting for her to email me the "correct" form. In the meantime, I know that other offers are coming in on this house--perhaps from her cronies who want to buy it and flip it. We, who are looking for an actual place to live, will get left out.

What to do?
There is no "official" form. Realtors use the Standard Form 2-T, Offer to Purchase and Contract. You can have an attorney draft an offer, or have your Realtor complete the proper Realtor forms.

I would not write or accept an offer on the 2005 Standard Form 2-T.
As noted above, it is outdated and obsolete, as of 11-1-2007.

The Listing Agent cannot properly email you the correct form, as she is not your agent, unless you are in dual agency. if in Dual Agency, she MUST make it happen.

No games, just law and ethics.
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Old 01-22-2008, 06:06 PM
 
Location: Raleigh
279 posts, read 745,659 times
Reputation: 190
Quote:
Originally Posted by goat1of2 View Post
Can some of you real estate types tell me:

Is there an "official" form which must be used to submit an offer? I think I am being stalled by an unscrupulous realtor who is telling me that there is. We submitted a carefully filled-out offer (NC Bar Assoc Form No. 2 - 2005) and she did this song and dance that it was not the right form. I informed her that offers can be made on the backs of envelopes, she has a fiduciary responsiblity to the seller to present every offer. Nevertheless, here I sit, four hours later, waiting for her to email me the "correct" form. In the meantime, I know that other offers are coming in on this house--perhaps from her cronies who want to buy it and flip it. We, who are looking for an actual place to live, will get left out.

What to do?

I read your post again....is the Realtor the listing agent and YOU sent the offer to her yourself or is she your Realtor submitting the offer to another..?
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Old 01-23-2008, 10:15 AM
 
5 posts, read 14,625 times
Reputation: 13
Default ????

What law requires a standard form for an offer? An offer does not have to be made by a real estate it can be made by an individual.
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Old 01-23-2008, 10:22 AM
 
3,021 posts, read 7,327,506 times
Reputation: 1561
Quote:
Originally Posted by jjan View Post
What law requires a standard form for an offer? An offer does not have to be made by a real estate it can be made by an individual.
No one has said that an offer must be made using a particular form. They have simply said that realtors prefer to use a particular form that has been drafted by the NC Bar Association.

Personally, if I were selling my home, I'd be extremely wary of an offer written on the back of an envelope. I'd rather have a proper document that gives the full details of the offer.
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Old 01-23-2008, 10:35 AM
 
5 posts, read 14,625 times
Reputation: 13
Default Comment

NC requires a lawyer to complete a real estate tranaction. If you were in CA or NV no lawyer is involved so why not just use a lawyer in NC or are most Real Estate agents in NC lawyers?
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