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Old 03-03-2014, 10:18 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,307,357 times
Reputation: 6471

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What's the penalty for your "infraction"? My stupid MLS would probably only fine you $50 and tell you not to do it again.
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Old 03-03-2014, 11:24 AM
 
Location: Denver & Boulder regions
166 posts, read 411,709 times
Reputation: 184
Quote:
Originally Posted by OmegaSupreme View Post
I did not. I had the intention of getting seller's e-mail address and emailing both seller and agent a copy of the offer, but before I did, I received a nasty phone call from the agent saying that she doesn't want to waste her time with me
doesn't want to waste her time with you, give me a break . Go ahead and change the response time, send over to the listing agent the offer anyway, therefore it has to be presented to the seller, even if its an offer which the seller indeed isn't interested in, I want to see that from them - as initials etc that the offer was rejected, not just from words - talk is cheap.

You could always try to slap the ego too, "I'm sorry - I was overtaken by my eagerness and enthusiasm to sell YOUR listing!! Sometimes it gets the better of me because its not everyday that I get to work the the great (name) .. I know you haven't heard of me and you think that I'm just troublesome rookie but I've been doing this long enough to know about your reputation ....". On seconds thoughts, don't do that, she'll certainly remember you.

Without submitting an offer in the first place, what you did was inappropriate. If you submit an offer to the listing agent and it isn't being presented, next step is to get their managing/supervising broker to submit the offer ... and if that fails, because every feasible and appropriate measures were taken to get the offer presented, can you then submit to the seller directly. Always have a paper trail to back up your efforts, b, always clue in your managing/supervising broker what you intend to do because they too will be getting phone calls about you.
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Old 03-03-2014, 12:21 PM
 
8,079 posts, read 10,075,900 times
Reputation: 22670
I wouldn't get myself in a knot over this, and I certainly wouldn't go groveling to anyone.

You behaved in a businesslike manner. The listing agent/broker REALLY dropped the ball. When push comes to shove, the listing agent/broker's behavior was equally, if not even more egregious, than was your behavior in sidestepping the unresponsive agents.

I don't know Nevada real estate law/conventions, but I'll bet somewhere in there the listing agent is more responsible for failing to represent their seller than you are for trying to get the offer conveyed, through the broker, to their seller. You did, after all, not present the offer to the seller directly; your words were 'would you please convey this offer to your listing agent/broker". It is a subtle difference, but an important one!

Good luck. Don't get pushed around my money grubbing lazy agents.
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Old 03-03-2014, 02:50 PM
 
Location: Texas
1,029 posts, read 1,488,697 times
Reputation: 1994
Were your messages to the listing agent and broker just asking for the seller's email address? They may have declined to respond because they thought your request was out of line.

If your attempts to contact them mentioned that you wanted to submit an offer, that would be different.
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Old 03-03-2014, 02:53 PM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
Reputation: 17473
Quote:
Originally Posted by DMenscha View Post
What's the penalty for your "infraction"? My stupid MLS would probably only fine you $50 and tell you not to do it again.
Here it would be a reprimand by the state since the agent is a rookie possibly with a reprimand for their principal broker for failing to properly train their agent as well.
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Old 03-03-2014, 02:58 PM
 
Location: Southern New Hampshire
10,048 posts, read 18,066,509 times
Reputation: 35846
Quote:
Originally Posted by OmegaSupreme View Post
I'm representing the buyer as a Realtor in Nevada.

I tried to get in touch with the listing agent of a short sale, calling, texting, emailing. No response.
Then I tried calling the broker directly, couldn't get through as he was in a training class. Emailed both of them. No response.
Emailed the broker directly, again No response.

This was all over about a 10-day period.

Took a completed RPA and an EMD directly to the owner and asked him to forward it onto the listing agent as they were unreachable to me.

Some 5 minutes later, I get a call from the extremely irate listing agent saying they will file a complaint with GLVAR.

Am I screwed?
So they couldn't respond for 10 days, but you get them angry and it takes them 5 minutes?

I'd be furious if I were the seller, and would want to fire the agent for being incompetent.


Quote:
What you did was inappropriate. Why would you need the seller's email? They hired representation and you need to go through their representation.
Except, of course, they were IGNORING HIM (or her!).

Quote:
Originally Posted by Electrician4you View Post
If I was the owner I would be tearing into both the broker and the agent if they had a offer 10 days ago and ignored it. Unless a nuke was dropped on your house and detonated with you inside there is absolutely NO reason why you can't send some sort of response. There are plenty of avenues to communicate.
Agree!!
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Old 03-03-2014, 03:04 PM
 
Location: Bloomington IN
8,590 posts, read 12,342,412 times
Reputation: 24251
Quote:
Originally Posted by OmegaSupreme View Post
I did not. I had the intention of getting seller's e-mail address and emailing both seller and agent a copy of the offer, but before I did, I received a nasty phone call from the agent saying that she doesn't want to waste her time with me
Why did you not fax or email or drop off the offer in the beginning and follow-up with a phone call? That was your first mistake.
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Old 03-03-2014, 03:09 PM
 
Location: Consciousness
659 posts, read 1,172,658 times
Reputation: 846
Not sure why there was a need to "get in touch" versus simply deliver the offer?

Wonder if the actions off the listing agent have anything to do with it being a "short sale" as in the agent wants the potential traffic off the listing but not really wanting to work the listing.
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Old 03-08-2014, 10:18 PM
 
936 posts, read 2,202,275 times
Reputation: 938
When I get a situation like this then I'll drop the offer off at the broker's office.

I'd never contact another broker's client but would encourage my buyer to personally do so or have their attorney do so if the listing broker is somehow being not available for an unreasonable amount of time. That way, I eliminate the liability from my own buyer telling me that they could 'lose' the house by me not being aggressive enough. Your buyer is under to restrictions as to contacting whomever they want.
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