Sellers Realtor (new agent, contract, agreement, closing)

[recuerdeme]

Ok,this thread is related to my previous thread about seller accepting then not accepting.

After all the craziness and final NO from the sellers with the last contract I decided to get a realtor. And I left the original house behind and started looking for others. But the sellers agent calls me about the original house (aka dream home so of course I decided to give a chance). He has been talking to the sellers and he has a new contract and a contract that after some mulling over I'm in agreement with (sellers give 9K at a sell price of 154K). I accept the contract and sign and give my earnest/option fee checks. He sends the contract off to the sellers... 3days later the sellers send it back with changes. Sellers give 7K at a sell price of 154K.

I'm really just flabbergasted, I'm speechless, I'm a little ticked. I mean doesn't the sellers agent speak for the seller? If a sellers agent is going to counter your offer doesn't that mean he has the approval of the seller on the new deal?

I told him the only way I'll accept it is if the sell price also dropped 2000. Eh we'll see. I hung up with that man and called my realtor to see what new places she's found.

It seems to me that these people just don't want to sell their house.

[MikiJayne]

Please be sure your current Agent knows about this up front, they will be heartbroken if you happen to get this house after they have worked hard for you and then don't get paid.

[capecodcathy]

Ask your new Agent to represent you in these negotiations.

[palmcoasting]

I'm really just flabbergasted, I'm speechless, I'm a little ticked. I mean doesn't the sellers agent speak for the seller? If a sellers agent is going to counter your offer doesn't that mean he has the approval of the seller on the new deal?

No. The seller's agent doesn't speak for the seller as in they obligate the seller to anything. They aren't obligated until they sign. And you sign. Seems to me he may have spoken with the sellers, said 'what if I can get the buyer to do this...and they said, well try it' and then he spoke to you, you said ok, and then you signed and he sent it to them and they decided to counter instead of just signing.
Seems to me they are going to be difficult from start to finish...only you can decide if you want to play the game or not and tell them no. That was my best and final. Take it or leave it.

[recuerdeme]

Originally Posted by palmcoasting

No. The seller's agent doesn't speak for the seller as in they obligate the seller to anything. They aren't obligated until they sign. And you sign. Seems to me he may have spoken with the sellers, said 'what if I can get the buyer to do this...and they said, well try it' and then he spoke to you, you said ok, and then you signed and he sent it to them and they decided to counter instead of just signing.
Seems to me they are going to be difficult from start to finish...only you can decide if you want to play the game or not and tell them no. That was my best and final. Take it or leave it.

I thought the seller's agent acted in some type of "power of..." poistion. Why else is he even in the picture? Anyone can walk you around the house and give you drab details. If he can't tell me concrete things for the seller I don't see his purpose.

This just feels so ... immoral. But I either have to take this shafting or keep trucking with my realtor.

[2bindenver]

Most likely scenario is that the SA asked permission to discuss/negotiate a deal with Mr. Buyer. When reduced to writing Mr. Seller got cold feet and wanted to change the deal.

The SA may represent the Seller, but the seller is in charge.

Have you asked the SA why did the counter change from what had been agreed upon?

On one hand it seems foolhardy to turn down a deal for the dream house over $2000 - on the other hand, if the Seller likes to play games...it could be way more difficult to get to closing.

[verobeach]

Originally Posted by recuerdeme

It seems to me that these people just don't want to sell their house.

Sure they do. They just don't want to give you the $2,000.

[palmcoasting]

He's there to represent the seller. He's there to list/market the house. He's there to present your offer. He's there to make sure the seller understands there can be legal ramifications for things they do and say. He's there to do the paperwork. He's there to bring a deal to fruition. There are a host of things he needs to do in order to get all of that done. Just like the Realtor you are working with is there for, just on the other end.
Immoral? What's immoral? A seller can tell me one thing, I get it done and by the time I get it done, poof, they've changed their minds. He could have done that work after speaking to you and you could have changed yours. Look at it this way...you're closer to a deal than you were previously. If they come back with another offer to you have THEM sign first and then send it over.

[Captain Bill]

Originally Posted by recuerdeme

I thought the seller's agent acted in some type of "power of..." poistion. Why else is he even in the picture? Anyone can walk you around the house and give you drab details. If he can't tell me concrete things for the seller I don't see his purpose.

This just feels so ... immoral. But I either have to take this shafting or keep trucking with my realtor.

It doesn't appear from what you've said that you've been shafted at all. The sellers are just wanting more money than you're willing to pay.

As palmcoasting stated, the seller can verbally tell their agent one thing, and change it the next minute.

The system is working just fine for you. Remember, "verbal" offers or counter offers in real estate are not binding. When the agent told you that the sellers would be willing to go with this new price, you should have, without stating whether you would agree to it or not, tell the agent to give you the counter offer in writing, and then you would study it to see if it was acceptable. Chances are that the offer would have not been modified then.

That is one of the reasons that you need a realtor who knows how to negotiate.

Since you had already begun working with a Realtor, you should have told the listing agent that you are now represented by an agent and that you can no longer negotiate directly with him. In fact when you have representation, the other agent must work only with your agent. He cannot work directly with you.

As others have advised you, inform your agent about this deal, and get him/her in the loop.

Your agent can then get with the listing agent and possibly negotiate to get you that house.

[recuerdeme]

I got with my realtor and things are going again... with this house. We changed the contract yet again all parties have signed and closing by the end of this month (barring any hiccups with the loan).

Cross your hooves people